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Agenda 09/13/2005 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 13, 2005 9:00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 15 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Father Joe Moffatt, St. Ann Catholic Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. June 28, 2005 - BCC/Closed Session Item 12B C. July 8, 2005 - BCC/Hurricane Dennis Emergency Meeting D. July 26, 2005 - BCC/Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1. Advisory Committee Service Awards 4. PROCLAMATIONS A. Proclamation designating the week of September 19-23, 2005 as Industry Appreciation Week. B. Proclamation designating September 13, 2005, as Drowning Impact Awareness Day. To be accepted by Mary Beth Baxter, Aquatics Director, YMCA of Naples; Mandy Carpenter, Swim Instructor, YMCA of Naples; Fran Deeks, Swim Instructor, YMCA of Naples; Commissioner "JA" Rautio, North Naples Fire Control and Rescue District; Laura Pacter, P.E.O., North Naples Fire Control and Rescue District; and Dottie Murray-Weiner, Director of Aquatics and Lead Swim Instructor, YMCA of Marco Island. C. Proclamation designating September 18 - 24,2005, as National Rehabilitation Week. To be accepted by Heather Baker, Director of Rehabilitative Services, Naples Community Hospital. 5. PRESENTATIONS A. Presentation by Senator Burt Saunders recognizing the contributions of Ann Olesky to the restoration of Lake Trafford. B. Presentation of the August 2005 Advisory Committee Outstanding Member Award to Stephen A. Harrison, County Government Productivity Committee. C. Presentation of the September 2005 Advisory Committee Outstanding Member Award to Walter R. Jaskiewicz, Collier County Citizens Corps. D. Presentation to the Board of County Commissioners of rendering of the Freedom Memorial. To be presented by Jerry LaDue. 6. PUBLIC PETITIONS A. Public Petition Request by Mr. Andrew S. Evva, President, The American Foundation for Hungarian Youth and Culture, to discuss the Placement of a Sculpture Commemorating the 50th Anniversary of Hungary's 1956 Revolt. B. Public Petition request by James Bryant to discuss traffic light timing in Collier County. Page 2 of 15 C. Public Petition request by Matthew Nolton to discuss fence permit and code violation. D. Public Petition request by John Gursoy to discuss Gulf Coast Skimmers Lease Termination. Item 7 and 8 to be heard no sooner than 1:00 ".m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. ADA-2005-AR-7658, Joseph C. Fuller, P.A., representing John and Teri Purvis and other affected property owners requesting an appeal to Official Interpretation INTP-2005-AR-7442 related to an internal official interpretation regarding the definition and operative provisions of certain LDC terms pertaining to "Boat Canopies. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2004-AR-6449: Ashley Doctors, property owner, represented by Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A., requesting a variance for a 4.98-foot encroachment into the 20- foot required rear setback for a swimming pool and screen enclosure leaving a 15.02-foot rear yard on a waterfront lot. The subject property is located at 149 Flamingo Avenue, in the Conners Vanderbilt Beach Estates Subdivision, Unit 3, Lot 25, in Section 29, Township 48 South, Range 25 East, Naples, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2003-AR-4965 Crystal Lake POA Two, Inc., represented by Terry Kepple of Kepple Engineering, requesting a Planned Unit Development Amendment to revise the maximum area for a Park Trailer from 500 to 1,000 square feet; provide for construction of a fence on top of the berm located along Collier Boulevard; and minor clean-up items in the PUD language such as change in owner, and pre parer. The subject property is 168.8 acres located at 14960 Collier Boulevard in Section 26, Township 48 South, Range 26 East. B. This item was continued from the July 26, 2005 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR-5998: Collier County Board of County Commissioners, represented by Coastal Engineering Consultants, Inc., requesting a rezone from Planned Unit Development (PUD) to Community Facilities Planned Unit Development (CFPUD) for a project previously known as the Bembridge PUD, to change the name to the Bembridge Emergency Service Complex PUD, by amending the previously approved PUD Document and Master Plan to show a change in use from residential development and a church or a nursing home, to allow development of various public and community facilities to include an Emergency Management Operations Center and other government facilities, and to allow for an existing elementary school and possible expansion of the existing school and possible construction of additional educational plants (schools). The project consists of 39.82 acres and is located on Santa Barbara Boulevard, north of Davis Boulevard (SR 84), in Section 4, Township 50 South, Range 26 East, Collier County, Florida. (This item Companion to Item 10H) Page 3 of 15 C. This item to be heard at 11 :00 a.m. A request that the Collier County Board of County Commissioners (Board)adopt an ordinance amending Ordinance No. 91- 102, as amended, the Collier County Land Development Code (LDC) to add the amendments of LDC Special Cycle 2a, authorized by the Board for the following purposes. Amendment of Section 2.03.07 Overlay Zoning Districts adds implementing provisions for three (3) new Transfer of Development Rights (TDR) Bonuses outlined in the Growth Management Plan (GMP) amendment CP-2004-4. Amendment of Section 2.03.08 is required to implement the "glitch" amendment CPSP-2003-11 to the GMP, as well as, further implementing the TDR Bonus Credits and Rural Village Standards as adopted in the GMP. Amendment of Section 10.02.13 Planned Unit Development (PUD) Procedures to add provisions for PUD expiration and retirement of excess numbers of dwelling units. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Forest Lakes Roadway and Drainage Advisory Committee. B. Appointment of members to the Collier County Airport Authority. C. Appointment of member to the Land Acquisition Advisory Committee. D. Appointment of members to the Lely Golf Estates Beautification Advisory Committee. E. Appointment of members to the Emergency Medical Services Advisory Committee. 10. COUNTY MANAGER'S REPORT A. Recommendation to approve an Agreement for Sale and Purchase with The District School Board of Collier County, Florida for 65 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2,134,500. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) B. Recommendation to adopt a Resolution authorizing the acquisition by Condemnation or purchase of non-exclusive perpetual utility, utility and access easements, and temporary construction easements for the construction of water transmission mains for the Collier Boulevard Water Main Project from Davis Boulevard south to U.S. 41, Project Numbers 70151 and 70152, at a cost not to exceed $1,659,112. (Jim DeLony, Administrator, Public Utilities) C. Recommendation to assess the overall effectiveness and community value of the Environmental Advisory Council (EAC) and provide direction with regards to attendance, functions and future role as the Countys environmental advisory board.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) D. Board to consider redistricting of the County Commission District boundaries and, if so directed, to approve criteria for establishing those boundaries. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) E. Recommendation to terminate for cause the Lease Agreement between Collier County and Gulf Coast Skimmers Water Ski Show, Inc. (Marla Ramsey, Administrator, Public Services) Page 4 of 15 F. Recommendation to approve a Cooperating Technical Partners Partnership Agreement between Collier County, the City of Naples, the South Florida Water Management District (SFWMD), and Region IV, Federal Emergency Management Agency (FEMA) to formalize an agreement to work together to create and maintain accurate, up-to-date flood hazard data for the City of Naples and unincorporated Collier County. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) G. Recommendation to approve an addendum to the Lely Cultural Center Settlement Agreement in support of the Emergency Service Complex, Project 52160. (Companion to Items 8B and 10H) (Len Price, Administrator, Administrative Services) H. Recommendation to approve a $91,750.00 change to contract #03-3448, Professional Architectural and Design Services for Collier County Emergency Services Complex, with Harvard Jolly to site adapt the project to the Lely site. (This item Companion to Item 8B) (Len Price, Administrator, Administrative Services) I. Discussion of possible solutions to resolve a code violation against Wesley Ceeley for clearing land on Richards Street without proper permits. (Norman Feder, Administrator, Transportation Services) J. Recommendation to award bid number 05-3866 to Douglas N. Higgins, Inc. in the amount of $1,114,560.00 and allocate an additional $111,440.00 in contingencies for construction of the US 41 Water Main from Collier Boulevard (CR 951) to Manatee Road, and to approve the necessary budget amendment, Project 70153. (Jim DeLony, Administrator, Public Utilities) K. Recommendation to approve the purchase of Right-of-Way Parcel No. 146, Temporary Construction Easement Parcel No. 746 and Perpetual, Non-exclusive Drainage Easement Parcel No. 846 which are required for the expansion of Collier Boulevard project 65061. Total fiscal impact: $1,363,392. (Norman Feder, Administrator, Transportation Services) L. Recommendation to award a construction contract to John Carlo, Inc., for Rattlesnake Hammock Road Six-Lane Improvements, Bid No. 05-3876; Project No. 60169, CIE No. 37 in the amount of $23,298,102.25. (Norman Feder, Administrator, Transportation Services) M. Recommend Approval of City/County Beach Renourishment Program, approve the 10-year Beach/lnlet funding plan and award bid #05-3854 to Great Lakes Dredging and Dock (GLDD) in the amount of $18,476,312. (Jack Wert, Director, Tourism Department) 11. PUBLIC COMMENTS ON GENERAL TOPICS Page 5 of 15 12. COUNTY ATTORNEY'S REPORT A. Recommendation Pursuant to Collier County Resolution No. 95-632 that the Board of County Commissioners Consider and Approve Provision of Legal Defense and Payment of Legal Expense of Fred W. Coyle and James V. Mudd, a Commissioner and County Employee, Respectively, Named Individually as Defendants in the Complaint Styled William S. Litsinger v. Collier County Board of Commissioners, Fred W. Coyle, Individually, and James V. Mudd, Individually, Case No. 2:05-cv-404-FtM-33DNF in the United States District Court for the Middle District of Florida, Fort Myers Division, and Waive the Purchasing Policy to the Extent it May Apply to the Selection of Outside Counsel and/or Otherwise Exempt the Selection of Outside Counsel From Competition Pursuant to VII.G. of the Purchasing Policy. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS --------------------------------------------------------------------------------------------------.---------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of water utility facilities for Whipporwill Lane Road Improvements. 2. Recommendation to approve for recording the final plat of Trail Ridge, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Islandwalk Phase Six. The roadway and drainage improvements will be privately maintained. 4. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Islandwalk Phase Seven. The roadway and drainage improvements will be privately maintained. 5. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Escada at Tiburon. The roadway and drainage improvements will be privately maintained. 6. Recommendation to approve for recording the final plat of Prestwick Place, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Grey Oaks Unit Fifteen. The roadway and drainage improvements will be privately maintained. 8. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Islandwalk Phase Three. The roadway and drainage improvements will be privately maintained. 9. Recommendation to Approve Final Acceptance Of Sewer Utility Facilities For Grey Oaks Unit 14. Page 6 of 15 10. Recommendation to approve final acceptance of water and sewer utility facilities for Ibis Cove, Phase 2-C. 11. Recommendation to approve final acceptance of water and sewer utility facilities for Escada at Tiburon. 12. Recommendation to approve final acceptance of water and sewer utility facilities for Terracina at the Vineyards. 13. Recommendation to approve final acceptance of water utility facilities for Tiburon Golf Course Maintenance Facility. 14. Recommendation to approve for recording the final plat of Fiddlers Creek Phase Four, Unit Two, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 15. Recommendation to grant final approval ofthe roadway (private) and drainage improvements for the final plat of Mallards Landing at Fiddlers Creek. The roadway and drainage improvements will be privately maintained. 16. Recommendation to approve an exception to the sidewalk requirements in the Glen Eden on the Bay PUD and accept a payment in lieu of the sidewalk installation. 17. Recommendation to approve an Agreement for Sale and Purchase with Ross W. Mcintosh, as Trustee, for 4.95 acres under the Conservation Collier Land Acquisition Program, and 1.826 acres for Transportation Right-of-Way, at a cost not to exceed $844,000. 18. Recommendation to approve final acceptance of water and sewer utility facilities for Clermont at Pelican Marsh, Phase Two. 19. Recommendation to approve final acceptance of water and sewer utility facilities for Clermont at Pelican Marsh. 20. Recommendation to approve final acceptance of water and sewer utility facilities for Fiddlers Creek, Phase 2-A, Unit 2. 21. Recommendation to approve final acceptance of water and sewer utility facilities for Fiddlers Creek at Deer Crossing. 22. Recommendation to approve final acceptance of water and sewer utility facilities for Isla Del Sol at Fiddler's Creek. 23. Recommendation to approve final acceptance of water and sewer utility facilities for Fiddlers Creek at Mallards Landing. 24. Recommendation to approve for recording the final plat of Valencia Lakes Phase 6- A, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 25. Recommendation to approve for recording the final plat of Valencia Lakes Phase 7- B, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 26. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Olde Cypress, Unit Two. The roadway and drainage improvements will be privately maintained. 27. Recommendation to approve for recording the final plat of Orange Blossom Ranch Phase 1A, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 28. Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 1 C, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 7 of 15 29. Recommendation to approve an Intergovernmental Inspection Agreement between Collier County and the Ave Maria Stewardship Community District. 30. Recommendation to authorize the the County Manager, or his designee, to submit a grant proposal to the Florida Department of Environmental Protection Bureau of Invasive Plant Management (BIPM) for contractor services to remove invasive exotic vegetation within Conservation Collier property adjacent to Rookery Bay National Estuarine Research Reserve (NERR). 31. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions; Pastoor Properties of Collier County, LLC, CEB 2005-15; John Lee Arnold & Dean A. Arnold Trustees, CEB 2005- 14; Martin & Holly Walsh, CEB 2004-33; Gopal Motwani, CEB 2003-34; Manuel & Miriam Rosa, CEB 2003-19; Nancy Mills, Mary Maxwell & Vanessa M. Uzupes, Resolution 96-520, 2002-195, 92-23, 96-169, 95406; H. Javier & Sherry L. Castano, Resolution 2002-171; GJ Byrne, Resolution 96-244 & 99-19; Lawrence K. Joyce Est., Wallace L. Joyce, H. Lawrence, John J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso, Lauren Joyce & Richard Berman, Resolution 2001- 323,2002-173,2003-285,96-321,99-102,2002-447,91-490, ; Silas Bacon, Resolution 94-195,91-401; Silas Bacon, Jr., Resolution 2002-67; Perseco Corporation, Empire Development of Southwest Florida, LLC, & KKCM Group, LLC, Resolution 2004- 130; Capitolis Auslandische, Resolution 96-49; Horse Creek Partners L TD, Resolution 2002-175. 32. Recommendation to approve Resolutions and Legal Notice(s) of Assessment of Lien against those properties in violation of Ordinance 99-51 for the direct costs incurred by Collier County for the abatement of certain nuisances. 33. Recommendation to approve for recording the final plat of Verona Pointe, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 34. Recommendation to reconsider the Conservation Collier Active Acquisition List regarding the Winchester Head project and to discontinue buying property in the Winchester Head project for 90 days. 35. Recommendation that the Board of County Commissioners approve award of contract 05-3801 Consulting Services for Preparation of a Revised Immokalee Area Master Plan and Rural LDC (Land Development Code) (Companion to Community Redevelopment Agency (CRA) approval of contract under 16 G1) 36. Recommendation to approve Collier Countys Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2004-2005 as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Chairman of the Board of County Commissioners to certify the CAPER for submission to HUD. 37. Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 1 D, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 38. Recommendation to approve for recording the final plat of Fiddlers Creek Phase 3, Unit Four, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 39. Recommendation that the Board of County Commissioners of Collier County, Florida approve an agreement between Collier County and the Economic Development Council of Collier County (EDC) for continuation of the Economic Diversification Program by providing a contribution to the EDC of up to $400,000 for Fiscal Year 2006, and authorizing the Chairman of the Board of County Commissioners to sign the agreement on behalf of Collier County Page 8 of 15 40. Recommendation to approve two Budget Amendments transferring funds from the Affordable Housing Trust Fund to the Marco Affordable Housing Fund for the purpose of separating SHIP Funds and Inter-local Agreement Funds; recognizing additional carry-forward in the Affordable Housing Trust Fund; and recognizing FY 05 Affordable Housing revenue within Fund. B. TRANSPORTATION SERVICES 1. Recommendation to approve the installation and operation of a traffic signal at the intersection of Airport Pulling Road and Estuary Drive, at an annual maintenance cost of approximately $3,500. 2. Recommendation to authorize submittal of County Incentive Grant (CIGP) applications for 1.) Interstate 75/lmmokalee Road interchange improvement construction ($7 million); 2.) Reimbursement for 50% of local funding used to advance SR 82 PD&E Study ($500,000); and 3.) Santa Barbara six-Ianing construction funding (maximum 35% match for non-State highways) for the segment between Golden Gate Parkway and Davis Boulevard. ($13.6 million) 3. Recommendation to award Bid #05-3796, Traffic Sign Materials and Related Items to multiple vendors on a category basis. ($150,000) 4. Recommendation to award Bid #05-3860, Installation and Maintenance of Roadway Lighting, Fixed Term Contract, to Kent Technologies, Inc. ($191,200) 5. Recommendation to award Bid #05-3858 Installation and Maintenance of Traffic Signals, to Kent Technologies, Inc. and Mid-Continent Electric, Inc. ($162,800) 6. Recommendation to award Bid #05-3844, US 41 North Roadway Lighting from Pine Ridge Road to Myrtle Road, to Kent Technologies, Inc. Project 60007 ($462,131.79). 7. Recommendation to approve the purchase of Parcel Nos. 131, 531, 731, 931, 132, 732, 133A, 133B and 733 required for the construction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $975,916.59. 8. Recommendation to approve the Agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LCC, a Florida Limited Company. 9. Recommendation to approve three Drainage Easement and Maintenance Agreements between Roberto Bollt, Trustee, Valencia Lakes at Orangetree Homeowners Association, Inc., and Collier County, for the purpose of assigning maintenance responsibilities among the parties. 10. Recommendation to approve an Agreement for Replacement of Access and Parking associated with the sixlaning of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $5,000.00 11. Recommendation for BCC approval of FY 2005/06 MPO Operating Budget amendment, to re-allocate $90,000 from staff salary and related expenses to consultant services. C. PUBLIC UTILITIES 1. Recommendation to convey a Utility Easement and an Access Easement to the Water-Sewer District for ten public water supply well sites, associated pipelines, and access on property owned by Collier County within the Henderson Creek Canal corridor at an estimated cost not to exceed $185.00, Project 708921. 2. Recommendation to convey a Utility and Access Easement to the Water-Sewer District for the construction and maintenance of water transmission mains on property owned by Collier County within the Henderson Creek Canal corridor at an estimated cost not to exceed $153.00, Projects 701511 and 701521. Page 9 of 15 3. Recommendation that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, terminate the Grand Bay Condominium Inc. Customer Billing Agreement, and authorize the County Manager or his designee, to provide ninety (90) days written notice of the termination. 4. Recommendation that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, terminate the Cocobay Condominium Inc. Customer Billing Agreement, and authorize the County Manager or his designee, to provide a required ninety (90) day written notice of the termination. 5. Approval of a Third Amendment to Lease Agreement with the City Of Naples Airport Authority to extend the Lease term for the Naples Transfer Station Property at a first year annual rent of $39,556. 6. Recommendation to apply to the Florida Department of Environmental Protection for a 2006 Section 319 Grant towards the Holistic Approach to the Reduction of Non-Point Source Pollution in the amount of $116,000. 7. Recommend approval of shortlisted firm and award of contract to de la Parte & Gilbert, P.A. for RFP #05-3792 Fixed Term Utility Specialized Legal Services in the estimated annual amount of $200,000. 8. Recommendation to approve funds not to exceed $2,500.00 for a public event to commemorate the final completion and commissioning of the South County Water Reclamation Facility 16-MGD Expansion Project, Project 73949. 9. Recommendation to approve the after-the-fact submittal of the attached Alternative Water Supply grant application under Senate Bill 444 to the South Florida Water Management District for each project in Public Utilities Engineering Divisions Construction Capital Alternative Water Supply Program. 10. Recommendation to approve a Budget Amendment to transfer funds in the amount of $349,000 to cover unanticipated personal service and operating expenses incurred by six Wastewater Department Cost Centers. ($299,000 from the Collier County Water-Sewer District Operating Fund (408) Reserves for Contingencies, and $50,000 from the Personal Services Budgets of the North County Water Reclamation Facility and the South County Water Reclamation Facility). 11. Recommendation to approve Budget Amendment to transfer funds in the amount of $50,000 from Project 725061, North County Water Reclamation Facility (NCWRF), Renew Sludge Pump Rooms and $50,000.00 from Project 725112, NCWRF Repair and Replacement (R&R) Oxidation Ditch to a new Project 739661, NCWRF Bleach System Reliability Upgrades. D. PUBLIC SERVICES 1. Recommendation to authorize the Chairman to sign the Grant Agreement for Collier County Library Public Library Construction Project Number 06-PLC-04, permitting the Collier County Public Library to receive $500,000 awarded by Grant to enlarge the Golden Gate Branch Library. 2. Recommendation to accept donated funds in the amount of $52.04 and approve a budget amendment recognizing the revenue and appropriating funds for East Naples Community Park. 3. Recommendation to accept the Library Long Range and Technology Plans and the current year Action Plan and authorize the Chairman to sign the FY 2005-2006 State Aid to Libraries Grant Application permitting the Collier County Public Library to apply for State Aid to Libraries. Page 10 of 15 4. Recommendation to approve a budget amendment recognizing $35,000 in revenue from the sale of fuel and merchandise at Caxambas Park and appropriating funds for purchase of additional merchandise for resale 5. Recommendation to award bid #05-3856 for printing of the Recreation Guide to Sunbelt, Inc. at an estimated cost of $50,000 6. Recommendation to award Bid No. 05-3863 Golden Gate Park Maintenance Building to Bradanna, Inc. in the amount of $319,600 7. Recommendation to accept donated funds in the amount of $2,545.69 and approve a budget amendment recognizing the revenue and appropriating funds for Vineyards Community Park. 8. Recommendation to authorize purchase of park maintenance equipment in the amount of $281,925.24 from Wesco Turf Supply, Inc. and Disbrow Enterprises, Inc. 9. Recommendation to accept a donation in the amount of $3,833.52 from the Veterans Council of Collier County, Inc. and establish a separate trust fund to account for all donations and expenses associated with the Freedom Memorial project E. ADMINISTRATIVE SERVICES 1. Recommendation to approve and execute a Lease Agreement with State Representative Mike Davis for use of office space at the Government Center for $10 annually. 2. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts 3. Recommendation to approve an addendum to the existing Sprint regulated services master agreement (initial estimated annual value $51,900). F. COUNTY MANAGER 1. Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. Per Resolution Number 2000-149, "Approval of this Agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification of that Board," (20 items) 2. Recommendation to approve First Amendment to the 2004/2005 Tourism Agreement Between Collier County and the City of Naples Extending Agreement to September 30, 2006 for the Naples Preserve Project for $50,000. 3. Recommendation to approve an Agreement between the Florida Department of Community Affairs and Collier County accepting $8,113 for the preparation of Hazards Analysis Reports for facilities storing extremely hazardous substances within the County and approve the Budget Amendment necessary to recognize and appropriate $8,113 as revenue. 4. Recommendation to approve and execute License Agreements with Wal-Mart Stores, Inc., for use of its four Naples store' parking lots for distribution of disaster relief supplies to the public. 5. Recommendation to Approve Resolution Requesting that the Trustees of the Internal Improvement Fund Establish an Erosion Control Line on the Gulf of Mexico Shoreline along Pelican Bay and Northern Park Shore; Setting Forth Findings; and Providing for an Effective Date Page 11 of 15 6. Recommendation to approve an Agreement between Collier County and the City of Marco Island to provide fire protection and rescue services to the unincorporated area of the County known as Goodland at an annual cost of $102,415. 7. Authorize the Chairman to sign an Interlocal Agreement with the Southwest Florida Workforce Development Board for continuation of the Southwest Florida Job Training Consortium. 8. Recommendation to approve and transmit Senate Bill 444 Glitch Amendments as provided by Collier County government staff to the Collier County Legislative Delegation, the Florida Senate Committee on Community Affairs and the Florida House Committee on Growth Management, and the Florida Association of Counties. 9. Recommendation to approve an application for the 2005 Emergency Notification Grant Program offered by Dialogic Communications Corporation. 10. Recommendation to approve Tigertail Beach Boardwalk Category A Grant Application Amendment and Expenditure of $158,800.00 11. Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2006 at a cost of $831,520. 12. Recommend Approval of an Inlet Management Policy and Funding Guidelines for Category A Tourist Development Taxes. 13. Recommendation to approve two (2) Contractual Service Agreements between Collier County and the East Naples and Golden Gate Fire & Rescue Districts to provide fire protection and rescue services within the Collier County Fire Control District at a cost of $213,400. 14. Recommendation to approve and execute a License Agreement with Wal-Mart Stores, Inc. for County employee parking. 15. That the Board of County Commissioners adopt a debt management policy for Collier County Government. 16. Recommendation to approve Modification #1 to Homeland Security Grant Agreement #05DS-2N-09-21-01-022 between Collier County and the Florida Department of Community Affairs. (time extension) G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation that the Collier County Community Redevelopment Agency approve award of contract 05-3801 Consulting Services for Preparation of a Revised Immokalee Area Master Plan and Rural LDC (Land Development Code) (Companion to Board of County Commissioners approval of contract under 16A 35) 2. Recommend the Board approve that Fleet Management Dispose of a 1988 Plymouth Reliant LE four-door sedan owned by the Collier County Airport Authority. 3. Recommendation to approve the surplus sale bid S05-3620R of the Collier County Airport Authoritys County owned Cessna 182 Aircraft to the highest bidder, Rex Air LLC of Naples, for the amount of $87,500. Page 12 of 15 H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Immokalee Chamber of Commerce BBQ Dinner on October 1, 2005 and is requesting reimbursement in the amount of $25.00, to be paid from his travel budget. 2. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose: to attend the NAACP Freedom Fund Banquet on October 15, 2005 in the amount of $55.00, to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Approve a budget amendment transferring $300,000 from reserves to the Sheriffs in lieu of transfer account. (Facility expenses) 2. Request approval for the purchase of a 24 passenger secured confinement prisoner transport vehicle for the Sheriffs Office from available impact fee funds in the amount of $83,320. K. COUNTY ATTORNEY 1. Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 111 in the Lawsuit Styled Collier County v. Norma E. Banas, et aI., Case No. 02-5137-CA (Immokalee Road Project #60018). (Fiscal Impact: $11,000.00) 2. Recommendation to Approve a Release of Temporary Driveway Restoration Easements for Parcels 703A and 703B in the Pine Ridge Road Improvement Project #60111. (Fiscal Impact: $27.00) 3. Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 187 in the Lawsuit Styled Collier County v. Patrick J. Murphy, et al., Case No. 03-5270-CA (Vanderbilt Beach Road Project #63051). (Fiscal Impact: $17,950.00) 4. Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 134 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et aI., Case No. 03-2273-CA (Golden Gate Parkway Project #60027). (Fiscal Impact: $2,800.00) 5. Recommendation to approve an Agreed Recommended Order of the General Master on Respondents' amended motion to tax expert witness fees in the lawsuit styled CC v. Jeffrey Richardson, et aI., Case No. 02-2188CA (Immokalee Rd Project #60018). (Fiscal Impact $6,700) 6. Recommendation to approve Agreed Order Awarding Planning Expert Fees & Costs in amount of $2,000 for Parcels 142, 742A, 7428, & 942 in the lawsuit styled CC v. Parkway Community Church of God, Case No. 03-2374-CA (Golden Gate Pkwy Project 60027). 7. Recommendation to approve the Agreed Order Awarding Planning Expert Fees & Costs in the amount of $2,000 for Parcels 141, 841, & 143 in the lawsuit styled Collier County v. Primera Iglesia Cristiana Manantial De Vida, Inc., Case No. 03- 2372-CA (Golden Gate Parkway Project 60027). Page 13 of 15 8. Recommend that the Board Authorize the Extension of the Tax Roll Before Completion of the Value Adjustment Board Hearings Pursuant to Section 197.323, F.S., and Tax Collector's Request. 9. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $750,000.00 for the Acquisition of Parcels 106 and 806 in the Lawsuit Styled Collier County v. Tree Plateau Co., Inc., et al., Case No. 03-0519-CA (Immokalee Road Project #60018) (Fiscal Impact: $335,575.00.) 10. Recommendation that the Board of County Commissioners Approve the Stipulated Final Judgment Relative to the Acquisition of Parcel 125 in the Lawsuit Styled Collier County v. G. Herbst, et aI., Immokalee Road, Project #60018. (Fiscal Impact: $10,206.00) 11. Recommendation to Approve a Stipulated Final Judgment as to Parcels 178A and 178B in the Amount of $258,000.00 in the Lawsuit Styled Collier County v. Roberto Bollt, Successor Trustee of the Land Trust Agreement dated 1/26/86, et aI., Case No. 02-2217-CA (Immokalee Road Project No. 60018). (Fiscal Impact: $93,550.00) 12. Recommendation to approve the Mediated Settlement Agreement in the amount of $115,000 for Respondent, Louise V. Taylor, Trustee, Parcel No. 156 in the lawsuit styled Collier County v. Andy Morgan, et aI., Case No. 02-5169-CA (Immokalee Rd Project 60018). (Fiscal Impact $45,246.20) 13. Request that the Board of County Commissioners Authorize Collier County to Execute a "Partial Termination of Easement" and a "Release of Easement Rights" that are of no use to the County or to the Collier County Water-Sewer District, but encumber partnership property to the East and Southeast. 14. Recommendation to award RFP 05-3847 to Marianne Kantor to provide Attorney Special Magistrate services to the Collier County Value Adjustment Board. Cost is anticipated not to exceed $5,000 per annual hearing session. 15. Recommendation to award RFP 05-3848 and approve contracts with Stephen A. Cunningham, South Florida Services, Inc., Cecil L. Neff & Associates, Inc., and Machinery Capital Assets to provide Appraiser Special Magistrate services to the Collier County Value Adjustment Board. Aggregate cost anticipated not to exceed $15,000 per the 2005 VAB season. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. An ordinance which regulates and controls litter, weeds, and exotics within the unincorporated area of Collier County. B. To obtain Board of County Commissioner approval to repeal and replace the Ordinance establishing the Code Enforcement Board and the Nuisance Abatement Board. Page 14 of 15 C. Recommendation to adopt a Resolution revising the Collier County Water-Sewer District Utilities Standards Manual. D. Recommendation to approve the first amendment to the cable franchise agreement that retroactively approves the renewal of a cable television franchise for Marco Island Cable, Incorporated. E. Recommendation to adopt resolutions approving the preliminary assessment as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Districts No.1 and No.2, Municipal Service Benefit Units Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. Revenues are anticipated to be $14,051,400. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 15 of 15 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING September 13. 2005 Add Item 4D: Proclamation to welcome those displaced because of Hurricane Katrina to our Community. (Staff's request.) Withdraw Item 6B: Public Petition request by James Bryant to discuss traffic light timing in Collier County. (Petitioner's request.) Item 7 A should have included in the title: "This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members." (Staff's request.) Item 8C should read: "A request that the Collier County Board of County Commissioners (Board) adopt an ordinance amending Ordinance No. 04-41, as amended. .." (rather than Ordinance No. 91-102, as amended. . .). (Staff's request.) Item 10B: The date in the fourth paragraph of the Executive Summary should be April 30, 2006 (rather than April 30, 2005.) Also note that there is a Route Selection Criteria Supplement Report available to the public outside the Board room in conjunction with this project. (Staff's request.) Item 16A1: Note that the correct spelling in this item is "Whippoorwill" (rather than "Whipporwill".) (Staff's request.) Move Item 16A35 to 10P. This item will be heard after 4:00 p.m.: Recommendation that the Board of County Commissioners approve award of contract 05-3801 Consulting Services for Preparation of a Revised Immokalee Area Master Plan and Rural LDC (Land Development Code). Companion to Community Redevelopment Agency (CRA) approval of contract under 16G1). (Commissioner Halas' request.) Move 16A40 to 1 ON: Recommendation to approve two budget amendments transferring funds from the Affordable Housing Trust Fund to the Marco Affordable Housing Fund for the purpose of separating SHIP Funds and Inter-local Agreement Funds; recognizing additional carry-forward in the Affordable Housing Trust Fund; and recognizing FY-05 Affordable Housing revenue within Fund. (Commissioner Coletta's request.) Item 16C9: The line under Considerations in the Executive Summary should read: "The PUED has contracted Camp Dresser & McKee, Inc., (CDM) to submit applications for 18 (rather than 17) of the County's projects under the Alternative Water Supply Program. (Staff's request.) Move Item 16D9 to 10Q as a companion item to Item 5D: Recommendation to accept a donation in the amount of $3,833.52 from the Veterans Council of Collier County, Inc., and establish a separate trust fund to account for all donations and expenses associated with the Freedom Memorial project. (Commissioner Coletta's request.) Move Item 16E2 to 10R: Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. There are questions regarding Item #4 and #11. (Commissioner Henning's request.) Move Item 16F1K to 10S: To provide funding for restoration and exhibit development at the Naples Depot. (Commissioner Henning's request.) Move Item 16F12 to 10(0): Recommend approval of an Inlet Management Policy and Funding Guidelines for Category A Tourist Development Taxes. (Commissioner Halas' request.) Move 16G1 to 10T (This item to be heard after 4:00 p.m.):Recommendation that the Collier County Community Redevelopment Agency approve award of contract 05- 3801 Consulting Services for Preparation of a Revised Immokalee Area Master Plan and Rural LDC (Land Development Code). (Companion to Board of County Commissioners approval of contract under 16A 35). (Commissioner Halas' request.) Continue Item 17B to September 27.2005 BCC Meetina: To obtain Board of County Commissioner approval to repeal and replace the Ordinance establishing the Code Enforcement Board and the Nuisance Abatement Board. (Staffs request.) Time Certain Items: Item 8C to be heard at 11 :00 a.m.: A request that the Collier County Board of County Commissioners adopt an ordinance amending Ordinance No. 910192, as amended, the Collier County Land Development Code (LDC) to add the amendments of LDC Special Cycle 2a, authorized by the Board for the following purposes. Amendment of Section 2.03.07 Overlay Zoning Districts adds implementing provisions for three (3) new Transfer of Development Rights (TDR) Bonuses outlined in the Growth Management Plan (GMP) amendment CP-2004-4. Amendment of Section 2.03.08 is required to implement the "glitch" amendment CPSP-2003-11 to the GMP, as well as further implementing the TDR Bonus Credits and Rural Village Standards as adopted in the GMP. Amendment of Section 10.02.13 Planned Unit Development (PUD) Procedures to add provisions for PUD expiration and retirement of excess numbers of dwelling units. Item 10D to be heard at 10:00 a.m.: Board to consider redistricting ofthe County Commission District boundaries and, if so directed, to approve criteria for establishing those boundaries. (Commissioner Henning's request.) Good News Items: Item 16F4: Recommendation to approve and execute License Agreements with Wal-Mart Stores, Inc., for use of its four Naples store's parking lots for distribution of disaster relief supplies to the public. Item 16F9: Recommendation to approve an application for the 2005 Emergency Notification Grant Program offered by Dialogic Communications Corporation. Item 16F14: Recommendation to approve and execute a License Agreement with Wal-Mart Stores, Inc., for County employee parking. --- '-' Agenda Item No. 3A 1 September 13, 2005 Page 1 of 2 Board of County Commissioners Meeting Tuesday, September 13, 2005 Advisory Awards Participation Listing Name Years of Service Advisory Committee Lake Trafford Restoration Task Force 5 Committee 10 10 COLLIER COlINTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 3A1 Ad\'isory Committe<:: Servl(;(;? Awards 9113120059:00:00 AM PrClllIred By Pmll<l Springs Exm:;utj...{~ Aide to the [lee Date Board of County Commissioners Bce Office 8/23/20052:14:19 PM AllprO\;cd B~: Sue Filson becutive Man;lger to the Bee Date Board of County Commissioners Bce Office U/23f.l005 2:24 PM Approved B)-' James V. Mudd County Manilgcr D.:lte Board of County Cornmif>sioners County Manager's Office 812412005 2:5J PM Agenda Item No 4A September 13. 2005 Page 1 of 2 --. PROCLAMATION WHEREAS, industry in Collier Canty is vital to the cotmUlity's ec:onorric healt h; and, WHEREAS, Collier Ccu1ty's existing industries are the key to a prosperous futile; and, WHEREAS, Collier Ccu1ty~ industries help Sl.8tain cxr quality of life, exelfJ'/ify high standards of excellence and a positive, responsible approach to econonic diversification and cotmUlity enhancement; and, WHEREAS, ptiJlic kncwrAedge of the contributions made by industry is essential to maintenance of good comrr.nity- industry relat ionships. NOW THEREFORE, be it proclaimed by the Board of Cocnty CormIssioners of Collier CoIIfty, Florida that the week of Septerrber 19- 23, 2005 be designated as INDUSTRY APPREOATION WEEK .--- and llge all residents to salute cxr industries and their elfJ'/oyees for their contribution to cxr eotmU1ity. DONE AND ORDERED THI S 13th of Septerrber 2005. BOARD OF COUNTY COMMI SSI ONERS COW ER COUNTY, FLORI DA FRED W. COYLE, CHAI RMAN ATTEST: DWI GHT E. BROQ(, aJ:RK --- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4A Meeting Date: Prodam(~U()n de~iynalIrl9Ih(: weel< 01 Seplelllber 19.23,2005 as 111{illstry Appreci{llion Week 9113,/20059:00:00 AM Prepared By Sam Tw::ker b:ecutivo Aide to the Bee Date Board of County Cornmlllsioncrs Bce Office 7/6/20052:45:17 PM ApllrOycd By Sue Filson Board of County Comml5sioners Ex(!'cutivc Manager to the BCe Date Bee Office 7m2005 7:50 AM Apprll\'cd 8)' James V, Mudd county Manager Dale Board of County Commissioners County Manager's Of/ice 613/2005 1 :29 PM Agenda Item No. 4B September 13. 2005 Page 1 of 2 PROCLAMATION - WHEREAS, Drowning Impact Awareness Day will raise awareness that the number of child drownings in Collier County affects everyone,' and, WHEREAS, a child drowning can happen to any family regardless of education, race, or socio-economic background: and, WHEREAS, diligence in protecting children in the many beaches, swimming pools and parks in Collier County can help prevent the tragedy of drowning: and, WHEREAS, families can follow safety measures to protect children around the water, such as installing child safety nets around existing pools to avoid unnecessary loss of life: and, WHEREAS, water safety remains a priority for Florida families, communities, government, and public educators: and, WHEREAS, keeping Collier County children healthy and safe is the goal of swim instructors at the YMCA of Naples and Marco Island, the North Naples Fire Control and Rescue District Public Education Program, and other prevention programs within Collier County: and, ,-. WHEREAS, raising awareness will increase understanding of education classes and encourage families to participate in swim lessons to prevent drownings. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that September 13, 2005 be designated as Orowning Impact Awareness Oay DONE AND ORDERED THIS 13th of September. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT IE. BROCK, CLERK ,-. Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 46 PlodalllaliOll desigllatil19 Seplember 1:::.2005, as Drowning Irnp<lCl Awmeness Day. To be accepled by M<HY Beth Ballter, Aquf'lllu; Oiret::lol, YMCA (If Naples: MoUldy Carpellter Swim Instructor, YMCA of Nnpl!:'s: Fran DN~ks. Swim Illstwctor YMCA 01 Niiples: Commissioner "JA" Rautio Nodh Naple~; Fire Control ,md Resclle Disllict: LWl'<1 PRetel, P,E 0, Norlh N<lples Fino Conlrol and Rescue Disllict: and Dottie Murray Weinel ,Director of Aquatics and Lead Swim Instructor. YMCA of Marc(. Island 9113/2005900:00 AM Date PrCIJlIrcd B)' Melanic Rodrigucz- Board of County Cornmission...rs AdmlOistr<'ltive Aide to the BCe Bee Office 8!24fZ005 12:25:22 PM Sue Filson Dme Approved B~' Board of County Commissione'l"S EKecutive Manager to the- Bee BGe Office 8/25/20059:37 AM James V. Mudd Date Approved By Bo.-.rd of County Commissioners Cmlnl.y Manager County Manager's Office 8f26!2005 11 :59 AM Agenda Item No. 4C September 13. 2005 Page 1 of 2 ,- PROCLAMATION WHEREAS, the Comprehensive Rehabilitation Center of Naples Community Hospital is observing and celebrating National Rehabilitation Week beginning September 18th; and, WHEREAS, Collier County recognizes and values the education, social and humanitarian contribution of its many citizens with disabilities: and, WHEREAS, those citizens have found hope, spirit, and dignity through the services of rehabilitative medicine: and, WHEREAS, rehabilitation services throughout the nation help to restore people with disabilities to independent, productive, and fulfilling lives: and, WHEREAS, Collier County is proud and honored to have rehabilitation facilities in Collier County. ,,-.. NOW THEREFORE, be it proclaimed by the 80ard of County Commissioners of Collier County, Florida that the week of September 18-24, 2005 be designated as National Rehabilitation Week And encourages all citizens to renew their commitment to people with disabilities and to the efforts of rehabilitative medicine in improving the quality of life. DONE AND ORDERED THIS 13th of September. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK ,,-.. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4C Meeting Date: Prodarn<ltion de~iqniltiflg September 18.24, 2005, a~> National Rehabilitation Week To I)e dccepttd by He<'lther Bak.er, Director of Reh<lbilitative Services, N<lples Community H(I~)plt(~1 9li 312005900:00 AM Item Summary: Prepared B)"' Mf:lanie RodrigUo'.!l Administrative Aide tn the BCe Date Board of County Commu;sioners Bce Office 8!25f2005 9:15:53 AM AIJpr()'\"cd By Sue Filson EXecutlvl'J Manager to the BCe Dilte Board of County Commissioners Bce OffIce 8/25/Z005 9:35 AM Approl-'cd By J.arnes V. MlJdd County M.1n<lger Date Board of County Commissioners County MOlonger's Office 0/2:5120055:25 PM +\~~O ll:)-j,tCy)" ~~ /~ .:9~Si?~emNO.5A ~SSl()~ ':..,1115: : I1sen8te.gOV ~ 0.... -+tSl ~ rt L.. ~~Pte~~~f~~ an.cJ L.f'Y) r. c..S ki 0 1 e.s 1 2 ,- 3 4 5 6 7 the .....-.', Home Session Commtttees Senators Information Center Statutes a Constitution Lobbyist Information ,-' . . CODING: Words Jtl"idtcPl are deletions; words underlined are additions. . . . . Sll 1'1orida StlDat:. - 2005 (..) B.r Senator Saunders 37-59B-OS Senate Resolution No. _ A resolution recognizing the contributions of Ann Olesky to the restoration of Lake Trafford in Collier County, Florida. WHEREAS, campaigns to preserve the vigor and beauty state's natural heritage are often inspired and led by 8 aware and dedicated state residents, and 9 WHEREAS, an outstanding example of environmental 10 activism was demonstrated through the leadership of Ann Ole 11 in establishing and sustaining the effort to save Lake 12 Trafford, the largest natural lake south of Lake Okeechobee 13 and 14 WHEREAS, Lake Trafford sustained massive environment 15 damage in 1996 as a result of oxygen-depletion in the lake 16 caused by algae blooms from years of die-off of the exotic 17 hydrilla plant that thrived there, and 18 WHEREAS, living and working on the shore of Lake http://www.f1senate.gov/cgi-binlview-page.pl?fab--session&Sub.menu=l&Ff=D&File=sb... 7125noo~ ~ Session :Bills: : flsenate.gov Agenda Item No. 5A sePte~~~~J~~ 19 Trafford, Ann Olesky was dismayed by the destruction of the ,,--. 10 Florida Water Management District, and 20 lake's ecosystem and, with her husband, Edward Olesky, at h 21 side, undertook an 8-year grassroots campaign to save the 22 lake, and 23 WHEREAS, faced with muck-removal estimates that 24 escalated to $20 million, Ann began coordinating local 25 fundraising projects in the community of Immokalee which 26 raised $32,000 for the lake's dredging, and 17 WHEREAS, Ann Olesky realized that ongoing involvemen 28 by the community would be imperative to bring the necessary 29 governmental resources to the cleanup of the lake, therefor 30 she formed -Friends of Lake Trafford- in order to raise the 31 necessary support in Congress and in state government, and 1 CODx.G1 Words Qtrj9K9~ are deletions; words underlined are addi Plorlda SeDate - 2005 37-598-05 <JIll) SJ\ 1 WHEREAS, Ann Olesky's tireless efforts led Congress 2 1998 to include the lake in an authorization for critical 3 restoration projects by the U.S. Army Corps of Engineers, b 4 the funding for those projects was depleted before Lake 5 Trafford's restoration could be begun, and 6 WHEREAS, refusing to give up the campaign to save th 7 lake, Ann continued her lobbying efforts to reach out to 8 officials at every level of government and ultimately achie r-. 9 the conunitment of funds needed from the state and the South hUp:J/www.tlsenate.gov/cgi-binlview--PA~e.pl7fab=session&Submenu=l&FT=D&Filt".=.c;h- -. 7 n'inOO'i ~b~lUI; ;,Olllt; : : nsenme.gov Agenda Item No. 5A SepterPtlw;.1j~5 .. i"age j"014 WHEREAS, a contract for the dredging of Lake Traffor was finally signed just 2 days before the unanticipated dea of Ann Olesky on June 13, 2004, and WHEREAS, the loss of this vibrant and outstanding community leader is deeply felt by thousands of Florida residents and officials who witnessed her inspired efforts save Lake Trafford, and WHEREAS, her community has recognized and memorializ Ann Olesky's service and leadership by renaming Lake Traffo Park in Immokalee in her memory, NOW, THEREFORE, Be It Resolved by the Senate of the State of Florida: That this body does pause in its deliberations to pa its respects to the dedicated efforts and example of Ann Olesky in her successful campaign to restore the environmen health of Lake Trafford for present and future generations Floridians and to recognize the exemplary value of her work preserve Florida's ecosystem. 2 deletions; words underlined are addi - http://www.flsenate.gov/cgi-binlview-page.pl.n.ab=session&Submenu=l&Ff=D&FiIe=sb... 7/25/2005 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 5A Presenl<llion by SefHllol Burt Saunders I(::cognizing the con!nbu11011S of Ann Olesky to the rE~st()r('ltion of Lak~ II afford Meeting Date: 911JJ2005 SOGOO Ar.,.1 Appro\'ed B) .lame\'; V. Mudd County Manugcr Date BO<lrd ot County Commissioners County M~n.ager's Office 813/20051:31 PM .- ,- Agenda Item No. 5B September 13, 2005 Page 1 of 6 EXECUTrvESU~Y PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER A WARD TO STEPHEN A. HARRISON, COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE, FOR THE MONTH OF AUGUST, 2005. OBJECTIVE: To recognize and reward an advisory committee member for their outstanding and dedicated service to Collier County. CONSIDERATIONS: On September 21,2004, the Board of County Commissioners adopted Resolution No. 2004-280 to recognize and reward outstanding Advisory Committee members for their significant contributions to the organization and/or community. The respective committees nominate the outstanding Advisory Committee members and the Awards Committee (same committee that currently selects the Employee of the Month) evaluates and selects volunteers from the nomination forms. AWARD COMMITTEE RECOMMENDATION: August, 2005, Stephen A. Harrison, County Government Productivity Committee. ~SCALI~ACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners present the Outstanding Advisory Committee Volunteer Award to Stephen A. Harrison for the month of August, 2005, for his work on the County Government Productivity Committee. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 13, 2005 COLLIER COllNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 58 Presentation of the August 2005 Advisory CI)mmltlee Outstanding Member Aw,m! to Stephen A. Hnrrison, County Governmt-:nl Productivity Committee Meeting Date: 911 :}12005 900:00 AI'.1 Prepared By Sue Filson ElIccutivc Manager to the Bee Date Board of County Commissioners Bce OfficI.!' 711120053:11:26 PM Apllroved By James V, Mudd County Manager Date Board of County Commissioner!> County M<ln.:ager's Office B/3i2005 2:19 PM Agenda Item No. 58 September 13, 2005 Page 3 of 6 MEMORANDUM DATE: July 07, 2005 TO: Sue Filson, Executive Manager, BCC Sandra Arnold-Lawson, Public Information Coordinator Office of Communications and Customer Relations John Torre, Director Office of Communications and Customer Relations Mary Jo Brock, Executive Secretary County Manager's Office FROM: Dawn Ragone, Administrative Assistant Human Resources Department At their monthly meeting the EOM Committee members selected Steve Harrison, Productivity Committee Member as Advisory Committee "Outstanding Member" for August 2005. '. ~, JUN 2 0 20ns Co~T County """,,~~~-"""""""'.z -- o. 5lW'<J er13,2005 Page 4 of 6 ADVISORY COMMIITEE OUTSTANDING MEMBER NOMINA nON FORM The objective of this program is to recognize significant contributions to the organ17.ation and/or community by members of the many advisory boards and committees formed to assist the Board of County Commissioners in carrying out their elected duties. All committee members who have completed at least one year volunteer service on an advisory committee are eligible for nomination. A committee may nominate one of their members if they satisfy one or more of the criteria listed below. The specific reasons for the nomination should be documented on this form,under the specific criteria Attach additional pages if necessary. Nominee's Name: Steve Harrison Advisory Committee: Productivity Date of Appointment: February 4, 2004 Nominator's Name: Joe Swaja-Chairman r ~~ Liaison Phone: 239-774-8383 Liaison: Wmona Stone .. 1) Does the member strictly follow the Ordinance creating the committee? 2) Does the member have an excellent attendance record? (At least 90% attendance or no more than one absence in the last 12 months.) 3) Give specific examples of exemplary volunteer service. 4) Describe a uniquely innovative solution to a problem. 5) Detail an implementation of a recommendation that resulted in cost savings or increased productivity. k-L... ~ , 1{~1b~ 6/ u'io~ ~. D~ r-1.. Adviso ommittee C . an's Signature Date lJ~~ Staff Liaison's Signature Date ~, (.5,0 5' On May 18, 2005 (enter date of Advisory Committee meeting), the above referenced Advisory Committee voted 7 to 0 to nominate the above referenced member as Outstanding Advisory Committee Member. Staff Liaisons are to submit the completed form to the Human Resources Department no later than the first of the month preceding the award month. I: Forms! County Forms! BCC Forms! Advisory Committee Outstanding Member Nomination Form WWS 9.22.04 Agenda Item No. 58 September 13, 2005 Page 5 of 6 TO: The Board of County Commissioners FROM: Janet Vasey, Productivity Committee Member DATE: June 20, 2005 SUBJECT: Advisory Member Outstanding Member Nomination Steve Harrison brings a wealth of knowledge, strong analytical skills, an independent point of view and the power of persuasion to his work on Productivity Committee studies and projects. He frequently provides the Committee his detailed analyses, prompting discussion and well-documented conclusions and recommendations. Steve's organizational abilities are excellent. He is directing the efforts of the Productivity Committee's most aggressive project - the consolidation of functions across local government agencies. This project, when implemented, will result in significant cost savings to taxpayers. Steve's contributions to the Productivity Committee have been truly significant and deserving of recognition. Agenda Item No. 58 September 13, 2005 Page 6 of 6 TO: The Board of County Commissioners FROM: Joe Swaja, Productivity Committee Chair DATE: June 15,2005 SUBJECT: Advisory Member Outstanding Member Nomination Steve Harrison is an aggressive "can do" member of the Productivity Committee. He has not missed any meetings and can be counted upon to volunteer whatever time is necessary to accomplish the team's goals. Steve has been the driver behind a number of key initiatives for the Productivity Team. For example, the Operation Effectiveness and Efficiency Project was conceived, planned, organized and implemented by Steve Harrison. He has knowledge in the financial field and his business acumen are vital to the diverse talents on our committee. All the members of the Productivity Committee look to Steve's guidance and expertise on complex financial and business issues. I feel privileged to work with Steve and look forward to continuing to make a positive impact on improving the operation of our county. - Agenda Item No. 5C September 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER AWARD TO WALTER JASKIEWICZ, COLLIER COUNTY CITIZEN CORPS OBJECTIVE: To recognize and reward an advisory committee member for their outstanding and dedicated service to Collier County. CONSIDERATIONS: On September 21,2004, the Board of County Commissioners adopted Resolution No. 2004-280 to recognize and reward outstanding Advisory Committee members for their significant contributions to the organization and/or community. The respective committees nominate the outstanding Advisory Committee members and the Awards Committee (same committee that currently selects the Employee of the Month) evaluates and selects volunteers from the nomination forms. A WARD COMMITTEE RECOMMENDATION: Walter Jaskiewicz, Collier County Citizens Corps FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners present the Outstanding Advisory Committee Volunteer Award to Walter Jaskiewicz for his work on the Collier County Citizens Corps. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 13, 2005 Item Number: Item Summary: MeeUng Date: COLLIER COlJlliTY BOARD OF COUNTY COMMISSIONERS 5C Presentation of the September 200G Advisory Committee Outstanding Member Award 10 Walter R. Ja;::~iewi(~! Collier County Citilen:o Corps 9113/20059.00:00 M." EXecutivf~ MarMger to lilt' Bee Date Prepared 8)0' SUf' f i!son Board of County Commissioners Bee Office 8/113/20054:02:04 PM James V. Mudd County Manager Dot. Allllro\'cd By Board of County Commissioners County Manager's Office 8/31/20052:59 PM .' S.,e,.f}' Agenda Item No. 5C '=--~ffl""""'h;o13 2005 ;H'M}-'"l~{i'!ti.'.t~'''im .~ ~ .'.=a,." ;:"'" Page 3 of 4 ,/ ~, COrn:.,. County AUG t 8 _ ADVISORY COMMIITEE OUTSTANDING MEMBER NOMINATION FORM -t&-'~1)::" ~'~)5f;t~{jF:fc The objective of this program is to recognize significant contributions to the organization and/or community by members of the many advisory boards and committees formed to assist the Board of County Commissioners in carrying out their elected duties. All committee members who have completed at least one year volunteer service on an advisory committee are eligible for nomination. A committee may nominate one of their members if they satisfy one or more of the criteria listed below. The specific reasons for the nomination should be documented on this form under the specific criteria. Attach additional pages if necessary. Nominee's Name: Advisory Committee: Mr. Walter Jaskiewicz Citizen Corps Advisorv Board Date of Appointment: Nominat.or's Name: November 5, 2002 Liaison: Liaison Phone: Jim von Rinteln 774-8911 1) Does the member strictly follow the Ordinance creating the committee? 2) Does the member have an excellent attendance record? (At least 90% attendance or no more than one absence in the last 12 months.) 3) Give specific examples of exemplary volunteer service. 4) Describe a uniquely innovative solution to a problem. 5) Detail an implementation of a recommendation that resulted in cost savings or increased productivity. / 7 A/<c/c~ s- ./ Date fJhu:,~ &'h'b Q ee ~ Signature Date v~~~~ StMfLiaison's Signature Date Jt- Acr ;<.GnS ~/fl! 0 ~ On ~ 17..1.A (enter date of Advisory Committee meeting), the above. referenced Advisory Committee voted , c to 0 to nomln~te the above re:ferenced member as Outstanding Advisory Committee Member. Staff Liaisons are to submit the completed form to the Human Resources Department no later than the first of the month preceding the award month. Page 6 -._~ County Forms! Bee Fonns/ Advisory Commitu:e Outstanding Mc:mbc:r Nomination Form WWS 9.22.04 Agenda Item No. 5C September 13, 2005 Page 4 of 4 Narrative Walter J. Jaskiewctz has been an outstanding member of the Citizen Corps Advisory Committee since its inception in October of 2002 through County Ordinance 02-56. He has superior attendance record only missing one meeting in three years, and that was due to training which was related to Advisory Committee responsibilities. Due to his recognized leadership, Mr. Jaskiewicz was nominated and elected to serve as Chairman of the Citizen Corps Advisory Committee in 2004. During this tenure he has established several new initiatives aimed at improving emergency preparedness in Collier County, including the establishment of a Speakers Bureau, increased participation of members in seminars and informational forums and greater exposure to media opportunities in the community. He has donated generously of his time toward these projects always leading by example to others by being the first to participate or volunteer to help. Under his leadership the Collier County Citizen Corps Advisory Committee was recently recognized by Collier County residents through the "Honoring the Community 2005 A ward Series". In recognition of the many valuable contributions to the community - ". . . for protecting Collier County through education, training, and volunteer service". Walter Jaskiewicz has generously given of his personal time, energies and home towards the Advisory Committee mission. A recent example was his volunteering to participate in a Collier County Public Safety television spot aimed at helping boaters prepare for the threat of a hurricane. Mr. Jaskiewicz offered his home and personal boat for the project, coordinated the participation of the Coast Guard Auxiliary and spent the better part ofa full day preparing for and making sure the project was done professionally. Since there are more than 23,000 registered boats in the county, securing them during the threat of severe weather such as a hurricane is imperative to minimize both property and environmental damage. Because of his participation in this project and others like it, he has truly gone above and beyond what is normally expected of an Advisory Committee member, and is therefore nominated for consideration as the Advisory Committee Outstanding Member designation. - Auc 24 05 01:39p 239-593-6738 Agenda I~m. No. 50 September 13, 2005 Page 1 of 1 THE AMERICAN FOUNDATION FOR HUNGARIAN YOUTH AND CULTURE, INC. n_ WIIo ))oa't 561(C)(3)C1aaritable Corp. AId A M6hat Vat. TIle Put N_1IectIIII, SbaD AIIlIae AuaII Without. 'lIare JlIvtIje Sl_ 1919 Princess Ct., Naples FL. 3411 0 - Phone" 239-593-9513 Cell # 586-484-5444 E-mail-ASEVVA@AOL.COM 8/2412005 Time Reprintins - US. The contact information of our organization is contained in the above letterhead. We would like to request your approval for the use of the Ian. 7, 1957 Time Magazine cover depicting "The Man of the Year - The Hungarian Freedom Fighter". It would be used as a laser graphic on a 5 ft. granite base supporting a Sft. sculpture depicting a young lad. on one knee. holding between o\dstretched arms the Hungarian National Flag. The sculpture is intended to be placed in "Collier County's, soon to be completed, "Freedom Park" located in Naples Florida to commemorate, next year, the 50lh anniversazy of the Hungarian revolt of 1956. Other sites in the US are also being considered based on local interest, permits and approval. We would also like to obtain a graphic/picture (min 500 pixel) of the cover to use for the laser graphic. Gratefully yours, ~~ AndrewS. Evva President Cc Mr. James V. Mudd - Collier County Manager Mr. Frank Halas - Collier County Commissioner Agenda Item No. 6A September 13, 2005 Page 1 of 2 ~ COIllER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 June 28, 2005 Andrew S. Ewa, President The American Foundation for Hungarian Youth and Culture, Inc. 1919 PrIncess Court Naples, FL 34110 Re: Public Petition Request to Discuss the Placement of a Sculpture Commemorating the 50th Anniversary of Hungary's 1956 Revolt Dear Mr. Ewa: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 13, 2005, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Boarcl's Chambers on the Thl~ Floor of the W. Hannon Turner Building (Building "P) of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. JVM/jb cc: David Weigel, County Attorney - c . I~. . c ill . " t 1 :;. ~~~:Z-/ MAY Z 5 2005 ACTION ;;;r-~ /. - ~/~ FU .~ . Agenda Item No. 6A September 13, 2005 Page 2 of 2 ThOle Who Don't Vallie TIle Pat SbalI AlID Be WltIlout . Future THE AMERICAN FOUNDATION FOR HUNGARIAN YOUTH AND CULTURE, INC. 501(C)(3)Charitable Corp. Aid A M6Itat Nea BeaIIi, A.uk JlIvllJe SIDeI .....~ ...~ ~ ~ 1919 Princess Ct., Naples FL. 34110 - Phone # 239-593-9513 Cell # 586-484-5444 E-mail -ASEVVA@AOL.COM May 23, 2005 Mr. James V. Mudd County Manager Collier County, FL 3301 Tamiami Trail E. Naples, FL. 34112 Dear Mr. Mudd, This is a request to petition the Collier County Commissioners at their first September Board Meeting (Sept. 13, 2005); to allow the placement of a sculpture, commemorating in 2006 the 50th anniversary of Hungary's 1956 Revolt, in an appropriate place on the Collier County compound. This placement, obviously, at no cost to the taxpayers. Sincerely, ~~~ ~~ Andrew S. Evva President Cc Mr. Frank Dobos - President (Naples Hungarian! American Club) Agenda Item No. 68 September 13, 2005 Page 1 of 2 ~ COlliER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 August 15, 2005 Mr. James D. Bryant 2173 Pinewood Circle Naples, FL 34105 Re: Public Petition Request to Discuss Traffic Light Timing in Collier County Dear Mr. Bryant: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 13, 2005, regarding the above referenced subject. .',......- Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further infonnation or assistance, please do not hesitate to contact this office. Sincerely, ~ ~~ County Manager JVM/jb cc: David Weigel, County Attorney Nonnan Feder, Administrator, Transportation Services -- c o l~ . J' c /) I<< " t , R~uest to Sceak under Public Petition Agenda Item No. 68 ~~SA,CRfCE RECE~ _ }t!J ~Xlfl ?r? ~( I to = AUli 1 2 2005 Please print Name: ~;"G.s~. BA!!Y;9,J / ~ ACTION FILE - ;;:T~I ~v~,../.L.... tJl'c:;.'-"7 ~~~ ~-<. c;;?" Address: _ , \ . 01 / ?...7 ..j),,,..I.i: AId IJ-A ~,1~ "7 ddP p-s: ~L' J y)td..5 , ,. Phone: ..:?.7?-J'6lJ - 6?.9;7 Date of the Board Meeting YOU wish to sDesk: ~/...?-d~ Ple~se explain in ~~ilthe reason YOU are reQuesting to SDesk (attach additional page if necessary): ~/prn~ ,</,~;r ~/~.c: /~ CdLkdf-,e dd~,.J;r~ ;;::#e- /&/,aU /i1~ /9 /v~~ #AI?"e- 4"",J /#6- .s-7ie€er- t"'jJ/tIII/cfi:E p, r# ~T#"eJA!/7~ ~~ ~4~e;- ~~6S ~t.#~L/( /P~ re..2Jc"", ~ JL- /1/~ ;;:;:-~?is"./ A'.4d-- ,,;r ~d'"",,e, II ..s. --T C;4~c. - .s: ~ ""z/4~,.A ~ ~t.f"~ Please explain in datai/the action you are askinca the Commission to take (attach additional Daoe if necessary): . . ~ . N~? ~E #A'~ a." #~",/~ ./cA'Je"/, .% tJ J.Jd vk~ A./. -r AlFe:iJ d;4~/!."",..r.re S /~ Td"e ~';9.....s/";-..s A/€~cr e.,~~e e;?"e-.2J ?:P ~v..r# '~,.~S'" 9<' ..:r"/~~..4Ie~. .J Wd"~~ A'.1 ~~ /0 ..sEe T /}eY . - _~ ~c /2"c" /'1 Y 5~pj;;".r77t1,.)....s = C:\Documenta "'1d Settings\lim BryanN.ocal SlIttln\JG\Temponary Internet Files\COntent.IE5\54CN1XS9\Publlc_Petltlon_R-.uetCForm[11.doc Agenda Item No. 6e September 13, 2005 Page 1 of 11 ,;.- ;'\ COWER COUNlY MANAGER'S OFFICE 3301 East Tamiami Trail - Naples, FL 34112 - 239-774-8383 - Fax 239-774-4010 August 15,2005 Mr. and Mrs. Matthew Nolton 104 Flame Vine Drive Naples, Fl 34110 Re: Public Petition Request to Discuss Fence Permit and Code Violation Dear Mr. and Mrs. Nolton: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 13, 2005, regarding the above referenced subject. - Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. ~reIY, ~v:~~ James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, Administrator, C.D.&E.S. Norman Feder, Administrator, Transportation Services Michelle Arnold, Director, Code Enforcement -- c .. L~ . - " C I> ... I't t ," - - Reauest to Soeak under Public Petition RE Agenda Item No. 6C ceIVED~~ciR~ Paae 2 oTir- ,'''-~'' AUt; 1 5 2005 Please print ACTlON Name: r1~~~h{W tt -l KO'lCOYlYi ~. N~o~ Address: 104 ~1a.Vhe.. V/;'~ J') e ~ "e...., ~C~~~S, ~ ~ll 0 /'Yl4* (..)k 6"-/- YloO Phone: Ho~'l'f.., LJ~s - 19D5" · cell O1~Cj, 300 S- Date of the Board Meetinavou wish to soeak; S'€f+e rrt.b~ 13. ~ODS- Please explain in detail the reason YOU are reauestino to sDeak (attach additional paoe if necessary): Sf~ a H-Ctc he J Please explain in detail the action YOU are askino the Commission to take (attach additional paoe if necessary): ~ee- Ct Yo. c h p d. C:\Documents and Setlinga\moIton.FORGaocal Settings'Temporary Intomet FIIes\OlK170\Public Petition Request Form.doc Agenda Item No. 6C September 13, 2005 Page 3 of 11 Collier County Board of County Commissioners My older sister and my Wife and I purchased a single-family residence located at 104 Flame Vine Drive. We purchased the residence just over a year ago to move our aging parents into from Denver Colorado so that they would be closer to care for as they age. The home is located at the northeast corner of the intersection of Flame Vine Drive and Piper Street off of Immokalee Road in Collier County. Piper Street is a relatively busy street and runs parallel to the south side of the residence. The rear of the residence was enclosed with a chain link fence and a row of ficus trees when we purchased the residence. My Wife and I have four children with the youngest being a small girl that is only eleven years old. Once while over visiting their Grandparents our youngest daughter was approached by a strange man who was walking along Piper Street. In this day and age of kids being abducted or sexually assaulted we were nervous to have our kids in the backyard. Therefore, shortly after this event my Wife and I decided to have a wood privacy fence installed to replace the chain link fence for safety of our children when they are visiting their Grandparents. We hired what we thought was a reputable fence company to install the fence. They provided us a proposal (copy attached) to remove the chain link fence and install a six foot tall wood fence. After the fence was installed we were notified by Collier County Code Enforcement that we were installing a fence without a permit. We immediately contacted the fence company and questioned them concerning the issue about the permit which they were contractually obligated to obtain. They reported to us that there had been an oversight on their part and that they would apply for and get a permit for the fence. They attempted to get a permit and then reported to us that they could not get a permit for the fence as it was built and that they would have to cut off approximately the top two feet of the fence because of a Collier County Ordinance. We told them not to cut the fence and told them that we would look into the issue with Code Enforcement. My Wife and I have spent over 100 hours speaking with anyone and everyone we can about the fence from the Code Enforcement Officers to County Zoning and Permit personnel. Everyone we have spOken to has told us that we shouldn't have to cut the fence because it does not offer any impediment to sight along either of the roadways and it does not create an eye soar. In fact it improves on the overall appearance of the property. However, no one was willing to sign off on the fence. After spending an extreme amount of time trying to put some reason to the problem we were told that our only recourse was to petition the Board of County Commissioners about this issue. Therefore, we offer this narrative for your review and the attached documents and pictures of the property showing the fence and ask for your help. We are law abiding residence of Collier County. I graduated form Lely High School, own two active businesses, have four wonderful children that are attending Collier County Schools. I have never asked for any special treatment from any governmental agency and believe in doing what is right. In this case it just doesn't seem logical or right that the fence in questions should be altered. It is there for the safety of my children, it adds to the beauty of the neighborhood and does not impact vision of traffic on the two streets. I do not see how this fence is anything different then any privacy wall that is around many of the other developments that are constructed or are being constructed in the County. Please help us bring closure to this very small item. FROM GULFSTREAM FENCE CO. (THU) APR 14 2005 11: 23/ST. 11: 19/No. 6660047000 P I Agenda Item No. 6e September 13, 2005 CJ~~:~~:f11 25270 Benawooc:l DELft! Suite 3 3Ct>1 (p 2384..,410 .. nY::i:: ~ ;:(:" ,:"~',: ,: :;. !::.';' ~ . : ,':- -: :>:~'::..:':": :'r~: :':: ..... '., ',..'. I., ., .. " :':::'::,:,,: '. .' ~ .:: '~'::: : '.:: ': ' .".. . -: i .' . :. : : ,.: :. ::" ::'" : GULl'I'I'IIl.I\\aM I"IBC& CO. BOIIJ:TA IfttmCJ., I'L 34135 PROPOSAL/CONTRACT 1500.00&~,lJJP "'~.'.CIZ',Z-, n '.nwa 1715.00" ' 1'_ c~ ~"'.s:.kl-f'f" ':50 to ~ lll"p I 514 7/a~ CU.t~r Info~tion: Roxann Nolton 104 flame View Dr Naples, FL 34110 Rote. : Gulfstream fence Co. will be responsible - to:...th~-!ollowi.n~___".,_.___.____ ,..--- .-............. ,.- .. rerm1ts .nd call1ng Locator service. . * Rip out and Removal of pre-existing wood .fence. .Installinq WOOD, Pressure-Treated Pine, BOARD ON BOARD fence. 6ft. in Height. Job will take appx. 3 days to complete. License '011011, AFA member, ASCF member. GIUL".'I\Il.UlM nncc::lI CO. atJ.._a to 91Iarantee iIIbav1t I'enoe w tie 1'1:.. I'&:Cla ...-ee_. ~ft ut:cC's..u and _r:laaaNlha,p Co.c OM yea.l.'. ClULl"SftIIIIIH nIIc::1, CO. llhall aclri_ the ~r ill. '=0 .oc:al ZOI\lnq I:et'Il.au.ona we ~ibi.Ht:y for COIII'1.:r~ vUJ'I aUd "f\l:l.aUOlUJ ancl Clbt.a:Lftinq any ",..1.AId peJ.Wi t. abii:1.l r_t w1 th t.be CI\I.~. 0ULPlI'rIlDM ftIICS eo. will _aiat t.be aua'=-r. upall. a:eq\lut;, s.n ~1IoS.A9 Wba1!e tNI f..,. i. to be .1IwC1:ed, tNt __... PO ej,r_t.lu&ae dl-. ~ .... CO. .._ anr n~1.i.tlt CllIt'ICllICIlinv ~ ).~..... 0'" :1.1\ ..ny way ..uan,*- their ao~acv. If Sl'~~ty pioa. cannot be 1ocat:.8d it U :r:~l\ ldlId t:h.at tbot ao.tOllltI' h_ tM p~rty ~. GULI'S'l'DIIM ftllC& CO. w11,1, ..._ ~ reapona1:bUlty Lor ha.v1ng \lhdlerpound pllb110 UUu..UU locaUd aM. 1IoU1DId. ~,lIlUftIlD.N I'lIoIlCB CO. ".\IM. DO r:ellPOlUlUl:LU\:.y :for,-..:ked .p:a.nJc:l.o~ 11no., 01' any otbee' ,.-..I&CId bud.. li_ 01' Clb,ecU. The C\l.~ "111 ..__ all lUbUUoy fop: any CIDllIe CllnaMd by dl~ CIIOLI'S'fIUIIM ftIIea CO. CO 419 U\ ~ a....u.-. V2.cs.m.~ ot' ID\OWD \lUiS. uea . 'l'ftlt flNl bUUft9 1I1U bo b.... on the a.owal footqllt of f.-cing built and t:2Ia WOn ..do~. paC1:laJ. DJ,U.lnt fOI: __&,U18 cSilIli_J:eCI to t.be ;ab contract amount: $ Down ~a~nt.: ~ ~ . Jlalana. D1le: $ 3275.00 ~'11~ pJ- 41 '1 S'O pa. ~ cl:- I 5~S- ~. .0 It ::J <::;'(') 2/21/2005 ..7tob l:nfo&llRllUon: te) 239-289-3034 (1') 239-593-0226 (FJ' 1Js-Jt1t,i .t~. ,I --1 _c:.oo__ t :I ""... -- a"toe aJICl _1:11: OCIIlPleted -r be _t. at ....'131' intoerval.. ~_t.onu fOll: __rial "..es on th1. ,. aIl4 a4'\I._~ Coe lUo'" w1.11 be ctun:qea 0% cftldu:_ ._ eM CNr:nfttJ.~ _~lldM1d 1:'&"'. AddiUonal ClhlU:9n Co!: any -.tra work not GlMlncl 11\ \ki.. OOIlVaft Qat. vaa ~t8d br the C1U.~ wUl al_ _ 1KIdiad. 'l1w ~11. ~~ 0& t:l\U _~ alOftlJ ..~~ -1f addit:1Ofta1 ........ V1.11 beaOlIIt pay_l. apclA COIIlPl.t:ion ot iIlll won: ~I' 0.. not n. bY .... .t.mroiClllCl. A ~J.1IoUOII ....". oC l \/Zt 1*11:' _t:l\ uu: a aiu- 0<< p. 00). 111\I.6 1. lIIlo I&IIIl1Ul1 pe~~ n-. oC ".'. lthaU. .. appU.s to aaacmna ttIa~ IIn not. paid w1.th1" to day. .e-te.. OOIlIpl.t:.iOll ot allY wol:k i.nvo:i.u.cl. .IIl.l. _l;<U':t.ala wl11 r_n tlhe ~qo oW ~ nIICIl ClO. UAt:U a11 tAvO:I._ put,alni.ng .. au.. ,. are piUd b ~11. on.. CIUlItOlIItC ~ to pq aU. lftttl1'eat: and any _"- lngacl'OCl Ion ale 0011eo.uon of tlU.. clllbt.. 'K~ 7I:PI-=--CwlW-C: tf J'SJO~ C\l.tUlMt tMt. CO. : ~f PROM GULPSTREAM FENCE CO. (TUE)JUL 26 2005 9:57/8T. 9:53/~Jo. 6660047623 P 2 Agenda Item No. 6C COLLIER COUNTY September 13, 2005 BOARD OF COUNTY COMMISSIONERS Page 5 of 11 PERMIT ~~ .: 2005072774 rSSUED: 07-26-05 9.STER f: COA i: PEBMI'l' TYPE; met: APPLIED DATE: 07-26-05 VALm I: 774 APPROVAL DATE: 07-26-05 JOB ADDRESS: 104 FLAME VINE DR JOB OI!:SCR.IPTION: 4' WOODEN FENCE ALONG FRONT &: SIDE JOB PHONE: SUBDIVISION t: 1346 - palm River EState Unit 1 BLOCK: 1 naco HAP: 0191 ZONE: X ELEVATION: E'OLIO I: 0000065222640005 SECTION-TOWNSHIP-P.A.NGE 23 48 2' !:2!.:. 66 JWNF.R INFORMATION: ~OLTON. MATTHEW H=& ROXANN F KAREN B NOLTON-NOVAK 2425 PINE WOODS eIR ~APLES, FLROB80 341050000 CONTRACTOR INFORMATION: GULFSTREAM FENC& co. 25270 BERNWOOD DR., STE. t 3 BONITA SPRINGS,FL 34135- CERTIFICATE t: 23267 PHONE: (2391498-6410 FCC COOE: 329 - STRUCT OTB THAN BLDG-POOL/SEAWALL/DOCK/F :::ONSTRUCTION CODE: 10 I OTHER ,JOB VAlot1R: 1.800.00 TOTII.L sQFT': SETBACKS FRONT: SEWER: CONTACT NAME: CONTACT PHONE: REAR: SEPTIC ARTHUR. ANDY t23914.9B-6410 LEFT: WATER: RIGHT: WELL Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply wi1h an applicable laws, codes, ordinanoes, and my additional stipulstions or conditions of1hispennit. This pennit expires if work au1.hon.d by the permit is not commenced within six (6) months from the dale of issuance ofthe permit. Additional fees for failing to obtain permits prior to the oommenament of consuuct1on may be imposed. Pcnniuce(s) further umlerlltlll1Us lhall1.ny wnlrlJClur lhlJl. mil)' be cmpluya.l mwt be Ii liccnsc::d wnlra."1ur lII1d IhlJl. Ihll structure m ust not be Ulled or tK:cupied until a Certificate of Oa:upaney is issued. NonCE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR mE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMIITEE (ErrHER THE OWNER OR CONTRACI'OR) TO SUBMlT A NonCE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE lNFORMATION, CONTACT DEP AT (139) 331-6975. In addition to the conditions ofthis permit, there may be additional restrictions applicable to tJail property that may beloalld iD the public reeords of this eounty, and there may be additiooal permits required from other governmental entities sucb as water DlIDagemeat districts, sate ageD des, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PA YING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT . FROM. GULFSTREAM FENCE CO. a~, la-znos \11: , hI! F rCIII-FOIGi ENGINEERI"' (FRI)JUN 10 2005 .U8S144161 9: 16/ST. 8: 50/No. 666004730C P 2 T-1Z6 ,.~~. o. Be C~~ber 2.0 " LAND " .. .... ~N~" SUDVIiV S\,RWY. ~ i ilrlV ADDIII!!I!I: h_'LAME VINE DltlVl .NAJII.H A. -"110 I.&GAL. bESCAfI"nON: &.0, ... UNIT NO. 1 ....... IWIR IITA8t ....nanc. t. the ....t ....ot, _ Nt.........,. ....t -.oIe.~ ..... 9D OC "IIM'-- 1'8OCIf_ of ColI_ Ceuftty, ....... CD~N~1"'7~ Ptuwt llD1'l167 .,..-......: PI tnGeX CIaIG: 9114/1919 fl."""". """6/WIt16 1=IaotI &onec AI ...... w.k: '1/1JfU'1J111JA Or:,ulIPl.f&d: 7~ ~o \-""n:>~ \0"'\ -r;:\-~ V\'1i:v...I "'"...."'!? \.-~S J ~\..- , U:&. ~ \ Cr\ ~ I 7:"\"'. --:y \ ...:rt:" ~\ VA-Co. t · CER:TlJII1&D TO: . .MATlMlWNOL'I'ON: IIOXANN Ner.tONl.1(AMN HAYNe; IDCIO&mVI. 'IIIU.....'WOI.~ INO.; I'I'I!WAafTdUI ~...v ~"NICUNIIID ...........G:. I L'" ,.,./OR ,....... ~. 3t.;.\ \<> slnMRSE ....,.......... "".. . " " . I ..'- --:....- ~~ .~~ ~~. :.., """~ .. . f",...* "". ... ..:. ..' ;, :: ::,p'~ ;..'~ ST ....Itr f!! II ...... ..... ~ J__IUI __....,... . ..................... ...".,_.. ....,..... "-.....-............ ... ~~.. ............................ ......... IIIIIIfIfJI . .. ~~..... .......... ...- 1WI#'i:&I t....,. =r~w ~.. ~ t::/III4UII' ~M""" - - - - - ,"""'"., ,.......~ Agenda Item No. 6D September 13, 2005 Page 1 of 22 ~ 1Ii:~ COUlER COUN1Y MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax. 239-774-4010 August16,2005 Mr. John Gursoy 4290 Avalon Drive Naples, FL 34112 Re: Public Petition Request to Discuss Gulf Coast Skimmers Lease Termination Dear Mr. Gursoy: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 13, 2005, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, ~...4 ~# Q 1/ ;r/~ James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Marla Ramsey, Public Services Administrator Wayne Boyer, Parks and Recreation Director ,-.. c {~ . p c tt t ." o M o Agenda Item No. 6D REa:IVED~~3~ Reauest to SDeak under Public Petition Please print AUG 1 6 2005 ACllON Name: :fohn C!u.rsot~ Gulf 1'..<\st SK'Mfl\OO; \.Me, ~~i ~...r Address: A \ {'\.-' L\ 2.. q (j "0..\0(\ vnvQ. t-1 ~~~ .. ~L. 3'-\'11.- Phone: (2..3q)"13~-05'10 o{lt ('115) 4i'i- bCO07 {w;SUl(\$i~ Date of the Board Meetinc YOU wish to soeak: ~13-0 5 Please exolain in detail the reason YOU are reauestina to soeak (attach additional Daoe if necessarv); lhP. e..~ad l"'eI\S \ eASe Ult.\S ""'''''0''3 k..\\{ -\-erm;f\~-\e.c\. The (\A~lc\~.J'\ Wflr\\- -\-0 t'\I\eJ.\~.\e v.i&~ +ke B.(?,e. b\bl,w\1 stnetJ-H-e .}Jl'~~ ~~~ -I-he..i... M~e:(,~~~ ,On p"",ye.c- Q.nd 1~C: ,t :I:.h ~we ....:fru~ to o..'bt:lUP~;- ,,~s: in +k 6 e<: ~~,~ in +hc. hQ,\\WQ.Y.s o.nJ on ~\\ ~ s:~ * -+k. ~1 pc:l\.~\ CoAr3. 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Agenda Item No. 6D September 13, 2005 Page 3 of 22 "I' C...t S...... ..1eI' S.. S.... I.c. .... ...... ..... ........ F...... 1411. RECEIVED COUNTY MANAGER OFFICE August 15, 2005 AUt; 1 6 2005 Board of County Commissioners Fred w. Coyle, Chairman Frank Halas, Vice Chairman Donna Fiala, Tom Henning Jim Coletta CoUier County Government Center 3301 East Tamiami Trail Naples, FL 34112 ACTION FILE Dear Chairman Coyle, Vice Chairman Halas and Commissionen, Fiala, Henning and Coletta: Marla Ramsey, at the March 8, 2005 commission meeting, presented an outline concerning the Gulf Coast Skimmers operations at Lake Avalon and Sugden Regional Park. Her aDegations lead you to wrongfully terminate the children's lease. Miss truths and incorrect statements prepared by Marla Rasmey have been damaging to the children. Each incident and lor document given to you by Marla Ramsey can be refuted with evidence, witness and testimony. The children want to present their case to the Commissioners. The Gulf Coast Skimmers Water Ski Show belongs to the children ofCoUier County. The children have always been in attendance at every commission meeting in which the Gulf Coast Skimmers have been the subject. Marla Ramsey denied the children and parents the right to attend by not giving proper notice to the Skimmers that they were to be on the agenda. On March 8, 2005 Commissioner CoDeta was right to question why no Skimmers were present in the room. (See exhibit B). It was Larry Hannon of the Naples Daily News who alerted the Skimmers, at 4 PM on March 8, 2005, that the children's lease had been voted with intent to terminate with 180 days notice that morning. Back in 1999 Marla Ramsey tried to terminate the children's lease without foDowing the proper method as defined by the lease, which includes due process. On June 1, 1999 Tom OUiff recognized the elTOr that Marla Ramsey was about to make. In a weU-documented memo, copied to County Attorney David Weigel, Tom ODitTstrongly warned Marla Ramsey not to come before the Commissioners without the children having a due process hearing through P ARAB (See exhibit C). Tom OUiff recognized the children were entitled to defend the aDegations being made by Marla Ramsey. Tom OUifl' bad great concern about the validity of Marla Ramsey's allegations against tbe Skimmers. Tom ODiffwas very concerned Marla Ramsey was going to diminisb the credibility of PARAB and expose the BCC to unnec:essary JoIMI 'W. .~_.,. f_.'. . "... 0..... ....... ...7.-8178 Agenda Item No. 60 September 13, 2005 Page 4 of 22 ..., eo.t "...n ........ liability of wrong termination and breach of contract. In 1999 Marla Ramsey yielded to Tom ODift"s wisdom and puDed the executive summary calling for the children's lease to be terminated. In addition she did not continue to pursue termination through PARAB. Tom OUilT is gone and Marla Ramsey no longer has accountability to a seasoned Public Service Administrator for wise council. On March 8, 2005 she came before the BCC in a renegade and maverick fashion and summarily used the BCC's power to terminate the children's lease. On behalf of the children of the Gulf Coast Skimmers Water Ski Show and Youth Outreach Program I am formally requesting that Biblical Judeo-Christian mediation begin immediately. As a faith based organization in which the Holy Bible is the comer stone, it is requested that the mediation be held according to the Biblical principles found in the book of Mathew, chapter 18, and verses 15-18. (See exhibit A) A local Pastor and two professional Biblical mediators stand ready to give their time. "1" God We Trust" is the motto, which hangs in the haUs of your building, on the side of every Sheriff's car, and behind your seats in the Commission chambers. In addition, you open every BCC meeting in prayer honoring God and His principles and infinite wisdom as to how you conduct county business. Nothing less than Biblical mediation would be appropriate for the children and the community that raised the money to build Sugden Regional Park. Let this letter serve as a formal request to be placed on the September 13, 2005 agenda to discuss the mediation process with a Pastor and professional mediators. The reason why the Church needs to mediate is to help heal the hearts and feelings of the children who have been hurt. The healing of hearts will not occur unless aU issues are discussed and the truth about the parks department is brought forth. With Biblical principles and the Church's help the children believe Marla Ramsey and the Skimmers can get back onto a Biblical foundation seeking reconciliation, repair and restoration with each other and God. Once the Skimmers and Marla Ramsey's relationship is restored, both can move forward to serve more at risk children of CoUier County. Biblical mediation will be a powerful testimony to the children and the community as to how to handle disputes. RespectfuDy, ~~~ HoDy M. Gursoy President HMG/jng Enclosures ..... w. ..... _." ,....... ...... 0"'...... ........ ...-7.....78 . Agenda Item No. 60 September 13. 2005 Page 5 of 22 .. c...e ....... ......... Exhibit A In the book of Matthew, chapter 18 verses 15-18 clearly outlines how believers are to handle disputes and resolve differences: "If any of you should have a dispute amongst you go and meet with them one on one. If you resolve your differences you have won your brother over. If your brother does not see his ways then take two or more with you to establish that you seek to reconcile your differences and if your brother see his ways then you have won him over. If he still does not see his wavs to be wrone then brine the whole matter before the church to be mediated and your brother still does not see his ways as being wrong then treat him as you would the pagans and dishonest tax collectors. " ...... w. e.._o,,, "...r II ....... 0....... ....._ "'-7."178 Agenda Item No. 6D September 13, 2005 Page 6 of 22 .... C.... S...... ...... SId S.... 'M. .......... ... ....... ......... ..11. September 1, 2005 R~ COUNTY ~GER OFFICE ,...- ~ - /' ~ SEP 0 7 2005 James Mudd, County Manager % Michael Dowling Real Property Management Department 3301 Tarniarni Trail East Naples, Florida 34112 ACl10N FILE Dear Mr. Mudd: Upon checking to confirm that Collier County Government was in receipt the Gulf Coast Skimmers Board of Directors letter dated August 26, 2005 covering the lessor defauh and damages caused by Collier County, Judy Bodine shared with John Gursoy that you are not recognizing the letter. Judy Bodine said that you would not allow the letter to be included with the back up documentation associated with item 6.D for the 9/13/05 Commission agenda. She shared with John that even though it arrived in time to be included as back up documentation you denied the inclusion of the defaultJdamages letter since it was sent by the Board of Directors of the Gulf Coast Skimmers Water Ski Show Inc. and not by me in my capacity as President of the corporation. According to Florida State Statute 617, the Florida Department of State Division of Corporations (See Exhibit A) and David Weigel's legal opinion given to the Sheriffs Department (See Exhibit D) the signature as the "GulfCout Skimmen Water Ski Show. IDe. Board of Directon" is valid and possesses full authority. I am aware of several County Commissioner correspondences items that are sent out signed "Board of County Commissionen". However if it will give you peace of mind I have signed the same letter you received in your office on August 30,2005 at 11:05 am via Fed-X signed for by Jerrie Sheppard. (See exhibit B & C). This information in the letter, dated August 26, 2005, is crucial for the County Attorney and Commissioners to consider before Marla Ramsey pursues any further steps to tenninate the children's lease. Without such information you would be denying the Gulf Coast Skimmers due process for the second time as was denied by Marla Ramsey's last minute covert placement of the Gulf Coast Skimmers lease tennination on the BCC agenda at the March 8, 2006 Commissioners meeting. The BCC needs to hear all of the information from both sides in order to make a legally binding decision associated with the Gulf Coast Skimmers Water Ski Show, Inc. Further more at the March 8,2005, BCC meeting, Commissioner Henning stated that "The Gulf Coast Skimmers always has the ability to petition the Board of Commissioners for relief and I think in this period, that is one option they can do besides trying to work it out with our Parks and Recreation staff" (See exhibits E,) Additionally, lack of notice to the public and not allowing amble time for the commissioners to study the enormous JeM W. ___." ,..... ...... 0..... Pr.... .. CMst "v-an .... I Aaenda Item No. 60 September 13, 2005 Page 7 of 22 packet that was handed to them, by Marla Ramey, was unprofessional and not representative of the Collier County government standards you have established during your tenure as County Manager. (See exhibit F and G) At the writing of this letter two messages have been left with Judy Bodine for you to call. As of this time the calls have not been returned. (715-479-6807). I am disappointed that you did not notifY me of your decision not to include my Board of Director's letter as part of the back up documentation for item 6.D. Further more it is once again being requested that item 10. E of the County Managers Report in which Marla Ramsey will pursue the issue of lease tennination be combined as a "comoanion item" and not be addressed as a separate item by the Board of County Commissioners. It would be prudent, customary, necessary and following the historical precedent set at previous Commission meetings for agenda items 6. D and 10. E to be combined as "eomoanion items" in order to help the Board of County Commissioners make a legally binding decision. Respectfully, :~eWoU'~j Holly M. Gursoy President HMGljng Enclosures Cc: David WeigeL County Attorney Wayne Boyer, Parks and Recreation Collier County Commissioners ...... w. ___,. ..__ . ".... 0_.... .....- " f\ Agenda Item No. 60 September 13, 2005 III III PI~ 8 of 22 .... C.... S ___ ..aer s S......c. .... ...... Drhre ....... ........ 14111 August 26, 2005 Board of Collier County Commissioners James Mudd County Manager % Real Property Management Department 3301 Tamiami Trail East Naples, Florida 34112 Dear Commissioners and Mr. Mudd: This is a letter to confinn that the children of Gulf Coast Skimmers Water Ski Show and Youth Outreach Program have been placed on the September 13, 2005 BCC agenda item 6. D. Please enter this letter for the record and part of the agenda discussion for item 6. D. If any other items are place on the September 13, 2005 agenda by any staff member, department or division concerning the Gulf Coast Skimmers Water Ski Show, Inc., it would be prudent, customary and necessary for that agenda item to become a "comDanion item" and not be addressed by the BCC separate from item 6. D. The Gulf Coast Skimmers Water Ski Show, Inc. is in receipt of a letter dated March 17, 2005 sent by Murdo Smith indicating that the BCC on March 8, 2005 voted on intent to terminate the children's lease in 180 days. The letter sent by Murdo Smith did not define the cause for termination. No documentation was included therefore the termination notice is incomplete nor valid. Since the children of the Gulf Coast Skimmers have been scheduled as item 6. D the corporation considers that any matter surrounding the termination of the children's water ski program is moot until the wrongful termination and breach of contract of the children's lease can be addressed at the 9/13/05 BCC meeting in a public forum, with proper public notice allowing public comment which was denied at the March 8, 2005 BCC meeting. Article 13. of the children's lease requires the corporation to notify the Lessor when in default. The departments of concern are the Public Services Division under the direction of Marla Ramsey and the Parks and Recreation Department during Marla Ramsey's tenure as Director. For the purpose of this notice the use of her name will also represent her employees, agents, and representatives in which she is directly responsible and accountable for willful misconduct and! or negligence. Because of Marla Ramsey's actions and those which she supervises, Collier County is in default for the following but not limited to: ...... v. ....... ....... A ,..... 0uIr..c11 ........ .. c...e "-"II.n ..... I of 7 Agenda Item No. 60 September 13, 2005 Page 9 of 22 I) Per Article 8. Marla Ramsey by her willful misconduct summarily locked the children out of the demised premise thus causing the children loss of income. Marla Ramsey provided no notice as required by Article 13. of such action of not allowing the children access to the demised premise. Notice to the Gulf Coast Skimmers Water Ski Show Inc., per Article 13. has not occurred. Because of Marla Ramsey's actions Collier County is in default and damages are due to the children for lost ski show income and revenues associated with the operation of the corporation from February 6,2005 to present date. 2) Marla Ramsey has summarily terminated TruGreen Landscape Company for the service of maintaining the demised premise. The landscape donated by the Sugden family has deteriorated. The sand spurs make many areas of the demised premise impassable and a safety hazard. 3) Per Article 16. Marla. Ramsey has failed to provide the sand to restore the skier's beach landing area thus exposing sharp rocks, promoting weed growth. In addition this condition has caused damages to water ski equipment and injury to the children's feet. 4) Per Article 15. the Gulf Coast Skimmers can take their own additional security measures in order to secure the demised premise. After repeated requests Marla Ramsey has refused to repair electrical damage done by county subcontractor EB Simmons thus not allowing the Gulf Coast Skimmers to illuminate the demise premise in order to protect it assets. Theft and vandalism has occurred and financial damages are due to the children. 5) Per Articlel. and Article 6. Marla. Ramsey has denied the children access to the demised premise as required in the lease. Marla Ramsey has prevented the children from using their own personal skis and will not allow access to the children to get into their personal lockers. This caused children to miss state and regional competitions thus creating damages per Article 8. due to Marla Ramsey's willful misconduct. 6) Per Article 4. Marla Ramsey has not allowed the children access to maintain certain areas of the demised premise thus causing financial loss and damage to food concession supplies. Per Article 8. damages are due to the children because of Marla Ramsey's willful misconduct. 7) Per Article 3. Marla Ramsey has denied the children the opportunity to operate their concession stand thus causing severe financial loss and per Article 8 is financially responsible for her willful misconduct. ...... v. a..... fo."., A ..... GuIre.. .....,.. Agenda Item No. 60 September 13, 2005 Page 10 of 22 .. c...e 1III...n ..... I of 7 8) Per Article 1. Marla Ramsey has denied the children access to the lake for shows and practices. Her actions has caused children to fall behind in the development of skiing skills thus, causing some of the children to fall behind as candidates for water ski scholarships to colleges and university across the United States. Financial Aid for higher education is to be provided due to Marla Ramsey's willful misconduct. 9) Per Article 10. Marla Ramsey has not allowed the Skimmers to utilize the security lighting that was approved by the Lessor. Vandalism and theft has occurred. Per Article 8. Marla Ramsey's willful misconduct has caused the Gulf Coast Skimmers financial loss and damages are due. 10) Per Article 10. Marla Ramsey has denied the Gulf Coast Skimmers and General Contractor DeAngelis Diamond Construction Inc., to complete the construction of the children's sound booth within the allotted permit requirements. Per Article 8. Marla Ramsey's willful misconduct has created damages involving the Gulf Coast Skimmers and General Contractor DeAngelis Diamond Construction Inc. 11) Per Article 12. Marla Ramsey has failed to provide adequate fire protection for the demised premises and has refused to bring the south end of the Sugden Regional Park into compliance with the East Naples Fire District. 12) Per Article 16. Marla. Ramsey has failed to provide signage for the children's water ski show on US 41. Marla Ramsey's gross negligence has caused a loss of revenue to the children and financial damages are due. 13) Per Article 16. Marla Ramsey has failed to prevent public motorized watercraft to access the lake during the Skimmers hours of access to the demised premise. Marla Ramsey's gross negligence has caused safety problems for the children. 14) Per Article 16. Marla Ramsey has repeatedly allowed fishing by the public to take place in the demised premise thus causing injury to the children from fishing hooks. 15) Per Article 16. Marla Ramsey has supported and covered up ground crew leader and staff members Anne Marie and Jason's illegal actions of vandalism and disposal of the sponsor signs, directional signs and water ski equipment. Marla Ramsey's willful misconduct requires financial damages to be made to the children. 16) Per Article 1. Marla Ramsey has denied the Skimmers the opportunity to utilize the entire 3 acres ofland provided in the lease thus restricting the Skimmers' building campaign and expansion. Because of Marla Ramsey's willful misconduct financial damages are due for lost donations. J.... w. ....." ..... . 'HIlI 0uIreecII ".... Agenda Item No. 60 September 13, 2005 Page 11 of 22 .... Cout ...... p-. 4 of 7 17) Per Article 1. Marla Ramsey has denied the children access to the demised premise. Marla Ramsey's willful misconduct has caused psychological damages to the children. 18) Marla Ramsey has claimed there was "cause" for tenninating the children's lease. Marla Ramsey has not provided "cause" to the Gulf Coast Skimmers Water Ski Show Inc., as to why the children's lease is being terminated. Per Article 8. Marla Ramsey's willful misconduct has caused financial hardship to the children of the Gulf Coast Skimmers and financial damages are due. 19) Per Article 12. Marla Ramsey has caused Collier County to be in default for not replacing the shade roof structure donated by the Sugden family damaged by the 2004 storm season. She has been in possession of $39,000 of insurance money since October of 2004 and will not allow Risk Management to release the funds in order to have Disney and Associates complete the project. Lack of the shade structure caused the children loss of income due to not providing sun protection for the geriatric community. Per Article 8. Marla Ramsey's willful misconduct to encumber funds has caused loss of crowd attendance and damages are due. 20) Per Article 4. Marla Ramsey has continued to rent out the children's demised premises to the public collecting rental fees for electrical usage and has never reimbursed the Skimmers for the electric usage after repeated requests. In addition Marla Ramsey has rented out the demised premises to the public charging the event sponsors fees for Park Ranger services and never scheduled the Park Rangers therefore leaving the burden to Skimmers officers to provide Park Ranger services and janitorial service after the events. After several requests Marla Ramsey has refused to refund monies due to the children and continues to rent the demised premise for profit at the Skimmers' expense. Per Article 8. Marla Ramsey has created financial hardship by her willful misconduct and financial damages are due. 21) Per Article 15. Marla Ramsey's gross negligence ofaUowing two intoxicated drunk county lifeguards to bask and dance semi-naked on Gulf Coast Skimmer docks in front of minor children. Marla Ramsey did not provide adequate security to prevent the incident. Gulf Coast Skimmers officers and directors had to intervene by seeking the Collier County Sheriff's department for help. Marla Ramsey has appeared to have sanitized and expunged any report or record of the incident occumng. 22) Per Article 6. Marla Ramsey has instructed Park Rangers not to yield to the covenants provide in paragraph 1. thus forcing minor children to be placed outside the ...... w. ....., fouocIar II ,..... O....HCh .......... Agenda Item No. 60 September 13, 2005 Page 12 of 22 .... CoMt SId"..n ..... I of 7 gate while waiting for parents or guardians to pick them up. This caused minor children to wait in the dark outside of the safety of a public park with a Park Ranger providing a cover of safety. Marla Ramsey's willful misconduct has caused psychological impact to the children and emotional anxiety for the parents. 23) Per Article 6. Marla Ramsey on several occasions has not provided duly authorized agents, representatives, and employees to provide janitorial services on the weekends to the demised premises or after special events held in the demised premise scheduled by Marla Ramsey. Marla Ramsey has overlooked the fact that the minor children of crew leader Anne Marie routinely perfonn janitorial services including the operation of park maintenance vehicles and tractors. 24) Per Article 16. Marla Ramsey knowingly allowed over 20 public motorized watercraft boats associated with the 2003 Southern Water Ski Show Tournament to operate on Lake Avalon with no proof of insurance indemnifying the Collier County Commissioners and/or the Gulf Coast Skimmers Water Ski Show Inc. In addition she did not require any of the boat owners of these public motorized watercraft to provide pollution coverage thus through her gross negligence exposing Collier County Commissioners and the Gulf Coast Skimmers to financial liability . 25) Per Article 1. Marla Ramsey has denied film crews from the "Discovery Jones Expeditions" TV show to film a 60 minute news documentary about the Gulf Coast Skimmers Youth Outreach Program to be televised world wide. Per Article 8. Marla Ramsey's willful misconduct has financially damaged the Skimmers and the TV show "Discovery Jones Expeditions" for summarily shutting down the film shoot. 26) Per Article 1. Marla Ramsey has continually allowed sailboats, paddleboats and canoes to operate in the Skimmers' half of the lake as defined by Article 1. and exhibit A. found in the lease. Per Article 8. Marla Ramsey's gross negligence and willful misconduct has caused near accidents and injuries. In addition the Skimmers have been put in the position of having to educate public boaters as to the borders since Park Rangers are not on site regularly nor have the resources to handle this situation. 27) Marla Ramsey has refused to meet with President Holly M. Gursoy and Treasurer Neida Johnson in regard to insurance issues. Per Article 9. Marla Ramsey has exceeded the insurance requirements for "like events". Marla Ramsey refuses to discuss amending the insurance per the covenants in the lease found in Article 9. ''to reflect like events conducted within the United States of America". J..... v. ...." ........r . 'ICMIIh 0*... ,........ Agenda Item No. 60 September 13, 2005 Page 13 of 22 ChI. CMsI: ....an ..... 6 01 7 28) Due to Marla Ramsey's gross negligence and willful misconduct the children of the Gulf Coast Skimmers have sustained legal fees which are substantial and have caused financial hardship in which damages are due. 29) Per Article 9. Sherre in Risk Management has refused to meet with the Gulf Coast Skimmers and the Skimmers' underwriter in order to provide Collier County updated insurance information with regard to the Gulf Coast Skimmers Water Ski Show Inc., operation per the lease requirements. 30) Per Article 1. Marla Ramsey's willful misconduct of illegally locking the demised premise has not allowed the Gulf Coast Skimmer to secure two of the corporation's boats. One of the boats has been reported to have sunk causing unknown damage until it can be assessed by a marina. 31) Per Article 1. Marla Ramsey's willful misconduct ofillega1ly locking the Gulf Coast Skimmers out of the demised premises has not allowed the officers the right to secure equipment, props, storage containers and other Skimmer infrastructure prior to the various tropical stonns. Storm damage has occurred to Skimmer property yet the corporation cannot access the demised premise to tally damage costs and make repatrs. 32) Per Article 1., Article 13., and page 8 of the lease Marla Ramsey through her willful misconduct summarily refuses to acknowledge the leadership of the Gulf Coast Skimmers Water Ski Show Inc. As an agent of Collier County she is negligent in not yielding to the Florida Statutes Chapter 617 concerning the recognition of Florida Not-for-Profit Corporation officers and agents. Marla Ramsey's failure to not acknowledge the officers as filed with the State of Florida is an action which has created a liability to the Collier County Commissioners beyond her understanding of the law and Marla Ramsey's ability to interpret the Florida State Statutes. In 1999 in a rogue fashion Marla Ramsey tried not to recognize the officers of the corporation. Tom Olliff and David Weigel had to guide her to follow the law. Enclosed you will find exhibit B which is a legal opinion given by Tom Olliff and David Weigel. Today Marla Ramsey is operating outside of the interpretations of past case history used by Collier County. The BCC needs to immediately instruct Marla Ramsey to acknowledge the current leadership of the Gulf Coast Skimmers Water Ski Show Inc., as filed with the State of Florida and not enlarge the breach of contract any further. It is asked that the Collier County Commissioners address these items of default and take immediate action to remedy the concerns expressed in this notice. It is also asked the BCC be prepared to discuss the remedies and damages due to the children at the September 13, 2005 Commission meeting as part of agenda item 6.D. The items identified as defaults caused by Marla Ramsey and/or her employees, representatives, agents gross negligence and/or willful ...... V........ ......... It ,... Oulrncll ......... Agenda Item No. 60 September 13, 2005 Page 14 of 22 .... c...a SIIf-..n ,... 7 of 7 misconduct can be backed up with evidence, witnesses, testimony and affidavits. In order to maintain a reasonable amount of brevity in this notice of default, the Gulf Coast Skimmers corporation is prepared to further verify the defaults if necessary. Respectfully on behalf of the Board of Directors, Hon?!~:!:1 HMG/jng cc Office of the County Attorney cc Parks and Recreation Department ...... v. ...... f..,I.r . ..... GuIre" ........ Division of Corporations rj,t"l';,.l,~ ,r )";":I.JI11,.;~" ..r~; ,f.l !' 1; .:l:i,""r /.((-....\;.~.,.~,.,..r;,n.l: Page 1 of2 Agenda Item No. 60 September 13. 2005 Page 15 of 22 . .'.: . :. '" ~: I ; 1 II'. ;. ," I " ~ .Il!:. ~';J.' ~ A'~' '~r~,_ J.( ~ ~; .,. ."i~, <~ "_,;"",":' .....;" Public Inquiry Florida Non Profit GULF COAST SKIMMERS WATER SKI SHOW, INC. PRINCIPAL ADDRESS 4290 AVALON DRIVE - LAKE AVALON SUGDEN REGIONAL PARK EAST NAPLES FL 34112 US Changed 03/02/2004 MAILING ADDRESS 4290 AVALON DRIVE SUGDEN REGIONAL PARK NAPLES FL 34112 US Changed 04/21/2005 Document Number N94000000872 FEI Number 650372444 Date FRed 02/21/1994 State FL Status ACTIVE Effective Date NONE Registered A~ent I Name & Address I I GURSOY, ROLLY M PRES I 133 PALMEITO DUNES CIRCLE NAPLES FL 34113 I I N_e Changed: 0412112005 I I Addrcu Changed: 0412112005 I OfficerlDirector Detail NAPLES FL 34104 US II Tide I D 18 Name & Address GURSOY.HOLLYM 133 PALMETIO DUNES CIRCLE NAPLES FL 34113 US GURSOY, KEMAL A 280-2 W. NAOMI DRIVE http://www.sunbiz.orglscripts/cordet.exe?a1=DETFIL&n 1 =N94000000872&n2=NAMFWD&n3=0000&n... 9/1/2005 Division of Corporations Page 2 of2 If:?'''.:b ; +.A . "p.~S~ ~.( ~~~~ed~~~~~ 3~~'O~~ Page 16 of 22 GURSOY,10AN N 103S PETI1T COURT MARCO ISLAND FL 3414S US JOHNSON, NEIDA IS10 LOGAN COURT NAPLES FL 34116 US D D Annual Re orts Re rtYear 2004 200S 200S I II 1\ Filed Date 03!02/2004 01/2812005 04121/2005 ,',~:.~r~~~.~.us Fil!.~~.~." Retum to List No Events No Name History Information Next Filing Document Images Listed below are the images available for this filing. 04/21/2005 -- ANNUAL REPORT 01/28/2005 -- ANN REPIUNIFORM BUS REP 03/0212004 - ANNUAL REPORT 04128/2003 -- ANNUAL REPORT 01129/2002 - ANNUAL REPORT 01116/2001 -- Annual Re.port 02/07/2000 ANN REPIUNIFORM BUS REP 04/29/1999 -- ANNUAL REPORT 07/0211998 - ANNUAL REPORT 05107/1997 - ANNUAL REPORT 04130/1997 - ANNUAL REPORT 0510 /1996 1996 REPOR THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT Corporations Inquiry Corporations Help http://www.sunbiz.orglscriptslcordet.exe?al =DETFIL&n 1 =N94000000872&n2=NAMFWD&n3=OOOO&n... 9/1/2005 -. '," ., .', ,....,. '- '-"'''''' '-.-. -- -'. - . " ~ ". IMPORTANT! For information on Hurricane Katrina, please Tracking number Signed for by ShIp dId8 Delivery date St8tus Aut 30, ZOOI 11:05 10. 9:30 9:11 AM 7:33 AM 5:04 AM 1:05 /JIM 7:24 PM 5:24 PM AlIa 21, ZOOS Your Name: ErnaH address Select formllt: HTML Add personal message: Not available for Wrelees or non-English characters. ~'AM i ReceptionlstlFront Desi' Priority Box 1.01be, i I I Delivered to ServIce type Weight Delivered DeUvered . ~,._..<'"~ ft whictIt torct:sv.ij':<.' . ~ . '. At local FedEx f8c:l1ity NAPLES, FL At deet 110ft faciIily FORT MYERS, FL Departed FedEx location MEMPHIS, TN Arrived at FedEx location MEMPHIS, TN Left origin RHINELANOER, WI Picked up RHINELANOER, 1M Incorrect addren _~~~I1:'~~.P':~_. -."0 _" .. Email results :: . ",_.-."- "._.-..~ . !~~. .'!l~~ ~iP!!'_~~. . Your e...... Address: Language English English English English Exception updates Delivery updates Text Wrelees httpJ/www.fedex.com/I.racking?ascend_header=l&clienttype=dotcom&cntIy_ Agenda Item No. 6D September 13, 2005 Page 17 of 22 Search ::"c! . . . . Reduce future mistakes by UIling FedEx has . , and language=englis... 9/1/200~ alii UJi1J 1'1 il o rn U1 cO ::r ru ['- t:J cO t:J .-=I U1 cO jJl .', \..-.. II, I I r t i a ~ \~ II ~ J 0 S. I i ~ ~ r II I . J 0 II I II 'I... J ~ I fJ .. I o 0 . 0 J!O! J . ., ii 10 J 1 11 .. I.. i 0 I J I' B n Ill. J4I, - sI - .1 ~ ! ~ ~1I1ll r I U I BI 110' 1101 II \ t l 0 hq'lljqlo In Ii !J! ~ I !e !IJll~ 1!!t lil- I ~ ~.. ...._..i",...T.',".:.., ,.' ,',-' . .... .'.' .' ~ - IETAUllHIICO" FOI yOUR IEClIROS. ."-', ._'. .0'-'.. ::::: :e ~ ~ .a-i 1 I ,j I rh I' V I 41M F · o ' - (J 11 ~ \Z I Agenda Item No. 60 September 13, 2005 Page 18 of 22 I ~ I .. . . , , . . -. :: I, i Ir i II I it I .1 , I' t1 I II j d , HEALTH AND COM'- NI1Y SERVICES .BLDG, ;'01 E. 1': IJ.{l 'IRAlI. NAPLes, fL 341112 (941) 77~-a.a68 PAX (941) r32.252, ~ ........'" .....r...'.......lT I I ! ~ v~.... ~ Agenda Item No, 60 September 13, 2005 Page 19 of 22 Thank you and you sraff (oc all o( your as,i,r.ance Ie the Councy's' Pac" and R"te200n Department. In pam lar, we appreciate youe substation's ~cnt help m ~ Ie maintain the pqce, at .Sugden ~e8'~' Park during the ~n-soing issues P!!::red ro the Gulf Coa$t Skimmers Ocgan'Z3aon. . . [ Dunng Q RCerlt con~ aOon.}'Ou il1quin:d iibour Mr. Guaoy', auchocicy wirhin the k bound.ricJ, ' Theil$ue has bcm re' cd bJ d1&'! Couml"Artomey's OfGa: and (rom the II!CO s mar we have --30 bem ,able -:o...;prhcr 'rE .ihe .~n:cuy. "'Of ~ :Snare's 'O(f,cc. :Mt.. Gu~oy ..~s ;tiJl. the~ffsc i:aI ~ -, 'P",",",,(' Dr.... G.I CoO,. -..... ,_ ^'.....~ "" uoOl ..... II chon,po. M<. ev..o,. .. <<<qp>iz os .... ~.... rho ~'"'JlOnSil>lt P"><7 ., rho '- . '......... County ""' 4 .... (;oAr = SIrO_ IIecouoO- ef - -. JIi. Guaor ;, RsponsiOIc foe Ihe Yicies chat <<cut. wi1bin cia&. fll ..,,~ ~~, . ~{ -5uoIoa. . PodO.~""'"-lbwu,' tl'tiif... ~ 10 t:aKe SlepS includ' COntlCting tOUr off"x:e to maintain a ~. safc en . t. The lioWi... .~ w; .... GSc whil. they ... ......,;.;.g belong to .... GSC ond .... County. We hope that th~ helps to Avoid any CClIlfUsion unriJ the issues, \Wiich seem ro be .'---:l head. Should you n d My addirionaJ infOGJ18tion R8'lcding chis or :any ochet County &ovemment. pi c do rwc hesitate CO cali. c LER COUNlY GOVERNMENT ... .. -------- ------ ------- -- ------ D!vrsloN OF PUBLIC kERVI<:~~ r\DMIN.lSTM"fl N May 17. 1m Lr. Scott -^nderson Collier Cooney Shed s Off," 11121 Tamiami Trail Sf Naples. F1. 34113 Oar Lt. Ande&son: Very crull' :routs, ~tJ. 1 .,"~ ~"'1V.Qiff .:.=. Public ~ Adminis TWO/jb Q;: Mm~ R:a.'~1i 2 Don D;~ ------- ----------- r ttm\W1E Agenda Item No. 60 September 13, 2005 Page 20 of 22 March 8, 2005 -:. lease, for In the no this lease, th~ . ~eJ:e.certafu el their ~ are not _... ....... - But all tlte that notice of. if they go and get that eveiything's lessot-Ilessee re Correct, MS. RAMS 01) to oCCUr at 180 days. context of their general rights, whi h are ~ under continue to. operate, and they may in ~ operate . ems of the lease are not being - mremen1:s'on' . ~ are not being met. . all we're..~. aU tbe staff is.. . , rigkt now is. . to tenT.inHte. But this does not however, that eir insurance certificates and. of that nflture, ~Iy. It is an intent to e.. . this . nship to be effective .180'days in . future. ? . . : 'That's correct.. COYLE: Commi~ioi1er Henning NER. HENNlNG: The Gulf Skimmers . .oritheBoaJ:dof~o .forre~andI J( that's one option they can do to wolk and . , COYLE: Yeah., ~ canal. ~ back to us. ~ rtant that the public ooderstand little about y . on. You've ta1ked about insuran issues and oJ I think ifs . we're taking this safety ~~. I think it's . r police reports in intimidation and members oftbis young people would cancel . They have what they're su We've had no · attitudes 'and co going to make . t that all of the board . read these · packet. This is absolutely'o us. The ical confrontations that are between . on that are supposed to be orking with setting examples is intolerable. An I, quite ftanIdy, ntract in a heartbeat bec81Jse of alone. yen themselves to-be an unfit 0 . on to do sed to be doing there~ And I - fm ed up with it but trouble over the years because fthese kinds of .lion between the adultS tbe.ri1sef . about who's isions and who's going to take own hip of the boats Page 1St case somebody - ybody wanted to interject their opinion, how they'd be able to do it? Did we have just something MS. RAMS m~ tbat.l've_ y~y aftem and a representati my office for abo We . point in time that meeting, so we aI I then had a evening about it, and recreation, So we've gi ubIic bas heard p ~ I COMMISSI ,NER COLETIA:! ADd.,tbats wIleae I have a I , problem. I do . that we're justified in probably going ahead with 1he information s here, but lack oftbe. public ~ -- I look out here, and I don't I see anybody in the audience from the Skimmers "* or anyone conn to it, you know, plus or minus, aadtbathothels ~.. That's the 0 . e concans about. - And I, myse I wonder if we shouldn't make this an agenda item ~. for the following ieeting, or is that something that's going to.~~ off .~ ' Y~!!f_~hedule in me way or fonn? -...- Maybe we d direct staff to do something that will preserve the ~; integrity of th~ ~ as fur ;;)S insuran~g<>. or something in the meantime so we .. ght be able to hold this off until a following meeting. ! MS. RAMS I r : Well, there are some other options. I mean, if I I 'II Agenda Item No. 60 -..' September 13, 2005 March ~9!O~ 22 me sort of formal notice that went out, or is this came on our agenda and that's it? : ~ no~~ 1hat we have given was through the ld .~ !!te. Gulf Coast Skimrners~~mselves. ADd was one of those where I had three boatd'ii1embers of the membership of the Gulf Coast Skimmers in atwo-hourmeeting. a number of these issues, and we told them at that e were looking to bring this forward at this board them there. nversation wi1h one of the board members in the did Murdo Smith, who's interim director for parks with the president of the association. notice to the Gulf Coast Skimmers. Wltetblrthe * or it's if i!lZtM1ilHl tIiis Page 149 !! I '1*&hiaiT(7 ~ r Agenda Item No. 60 September 13, 2005 March 8':~Sf 22 and what they're jng to do with them and who's going to run the shows. There's n ~lace for that sort of conduct in this community, and particularly when hildren are involved4 So for me it fur beyond the issue of liability and insurance. This is not a fit 0 . on to be doing what they're doing, and we ought to get them of the business as quickly as we request. But anyway. I CO:MMISSI! R HENNING: I make a motion to approve. C I COYLE: You're going to make a motion to approve the stafl:'s reco dation to give notice of termination? And is there second?--=--'~-~~"" .~ ." CO:MMISSI NER HALAS: fn second it. C COYLE: Okay. A second by Commissioner Halas. Any further I ussion? Commissio : Coletta? CO:MMISSI i NER COLETIA: No, just comments. rm not .. ~1hatyou'Ie ng. You'Ietotallyright. .Y9'!-obvio~~ .lJ(, Jfc the time..!Cl ~.~t to read the ~tbat was b&dedto us !1l~ etimetoIead~lprobablywou1d vefelt differently at the beginning. I think it's the appropriate action to take. C . COYLE: Okay. Thank you very much. All in favor, . lease signify by saying aye. CO:MMISS I NER HALAS: Aye. CO:MMISS I NERCOLETfA: Aye. C , COYLE: Aye. COMMISS . iNER HENNING: Aye. C COYLE: Any opposed? (No respo .) C COYLE: Okay. I think it was unanimous. Thank you much. Page 152 Agenda Item No. 7 A September 13, 2005 Page 1 of 74 EXECUTIVE SUMMARY ADA-2005-AR-7658, Joseph C. Fuller, P.A., representing John and Teri Purvis and other affected property owners requesting an appeal to Official Interpretation INTP-2005-AR- 7442 related to an internal official interpretation regarding the definition and operative provisions of certain LDC terms pertaining to "Boat Canopies." OBJECTIVE: The objective ofthis appeal by the appellants is to seek a reversal of the interpretation issued by the Director of the Department of Zoning and Land Development Review (previously known as Planning Services Director), by the Collier County Board of Zoning Appeals (BZA). The appeal is related to the issuance of an internal official interpretation requested by Michelle Arnold, the Director of the Collier County Code Enforcement Department. The objective of the Board of County Commissioners, sitting as the BZA, is to review the current Director's interpretation of the existing facts and law and to determine if any part of the Director's interpretation was inconsistent with the existing Land Development Code regulations and the Growth Management Plan (See LDC Sec. 10.02.02. F.). The appeal process is focused specifically on the questions raised by the applicant (Michelle Arnold) and the decisions rendered by the Director. Specifically, as to this appeal, the issues are whether the interpretation, as rendered by the Director, regarding the definition of a structure as it relates to a canopy attached to a dock erected over a boat and boatlift/dock facility, as depicted in a provided photograph, is consistent with the Land Development Code (as there are no provisions of the Growth Management Plan (GMP) which appear to be pertinent, "inconsistency" with the GMP is not a part of this appeal), and then if so, whether the Director correctly opined on how such structures are to be properly authorized as a permissible use, or not, by the Land Development Code. Should the BZA determine that the official interpretation is not supported by substantial competent evidence or that the interpretation is contrary to the Land Development Code, the Board may modify or reject the Director's interpretation. Should the Board find none of the above, the Board shall accept the Director's interpretation. If the Board, in reliance on its findings based on substantial competent evidence, rules to not accept the interpretation as rendered, such a ruling may significantly affect previous administrative decisions regarding the application of the code on other boathouses within the County and similarly regulated projects throughout the County. .- Agenda Item No. 7 A September 13, 2005 Page 2 of 74 CONSIDERATIONS: On April 8, 2005, an official interpretation, INTP-2005-AR-7442, was rendered to Michelle Arnold, Director of the Collier County Code Enforcement Department. The interpretation followed an application made by Michelle Arnold to have the Zoning Director issue a formal opinion concerning the definition of a structure as it relates to a photograph of a canopy attached to a dock erected over a boat and boatlift/dock facility and furthermore asked how are such structures authorized as a permissible use, or not, by the Land Development Code (LDC) (see exhibit A). The Zoning Director's opinion determined that the canopy fixture depicted in the photograph meets the elements of the defined term of "structure" and was further defined by the LDC as a boathouse. The Zoning Director further opined that in order to lawfully be able to obtain a building permit to construct a boathouse, LDC section 5.03.06. requires that boathouses, including any roofed structure built on a dock such as a boat canopy, must first be reviewed and approved by the Planning Commission under the proper "use" procedures and applicable criteria described therein. The Director's opinion also notes that sub-section F. of the specific LDC provisions governing boathouses set forth development standards as additional criteria that apply solely to boathouses. These additional criteria specifically include setback requirements, regulations regarding the structure's location, a maximum length of protrusion into the waterway, a maximum height limitation, the maximum number of boathouses per site, and aesthetic regulations. The aesthetic regulations include the requirement that all boathouses and covered structures on docks shall be completely open on all four sides and that the roofing material and roof color shall be the same as materials and colors used in the principal structure, unless the structure is a palm frond "chickee" (see exhibits B,C, and D). -" To summarize the proper "use" approval process, in order for the Planning Commission to approve the request for a boathouse which was in the Director's opinion, depicted in the attached photograph, a Boathouse petition application and the facts presented therein must meet the procedural and development requirements for approval as outlined in the aforementioned sections and subsections of the LDC. Once a boathouse application has been submitted to the County for review and has been approved by the Planning Commission, the applicant may only then apply to the County for a building permit. Stated another way, in order for the building permit application to be reviewed and issued by the County in order to permit construction of a boathouse, the Planning Commission must have first approved the boathouse petition request as noted above and the structure shown as part of the building permit application must reflect the proper development regulations as outlined in the Land Development Code and approved by the Planning Commission. As to the subject photograph submitted with the interpretation request, the roofing material (canvas/plastic), as shown in the photograph, did not appear to meet the development standards required by the LDC, because the roofing material on the principal structure is made of a distinctly different material, appearing to be grayish colored asphalt/shingles. Specifically, the LDC requires the roofing material of a boathouse to be the same color and materials as that which is used on the principal structure, thus, even if applied for, a structure with this roof type could not be approved as a permissible "use" by the Planning 2 Agenda Item NO.7 A September 13, 2005 Page 3 of 74 Commission, because it appears to conflict with the expressly stated LDC performance standard requirement. Basis of Appeal The appeal first claims that the Zoning Director has incorrectly relied on a "new" definition of "boathouse," which first became effective on October 18, 2004, and that "new" definition does not address what the definition of a boathouse may have been under the Land Development Code when the canopy depicted in the photograph was first installed or erected. Further, the appellants submit that without the factual history pertaining to the canopy depicted in the photograph, the interpretation was rendered without any competent substantial evidence to support it. The appellants assert that the interpretation is not supported by the Land Development Code in that they claim that a more accurate definition of a boat canopy as a type of structure is actually contained in the LDC provision entitled "Canopy and Shades," Section 5.03.01 (A)(6) which applies to the permitting of canopies for the storage of vehicles (see attached exhibit D-l). The appellants further assert that Collier County has not previously attempted to clearly define and regulate boat canopies, and as a result, has not defined any legitimate public purpose for a total ban or prohibition on boat canopies or covers. In response to the appellants' first claims that their boat canopies or covers were all installed and erected prior to the issuance and publication of the Zoning Director's interpretation and the appellant's boat canopies were all installed prior to the adoption of the "new" provisions and definitions contained in the LDC, which did not become effective until October 18, 2004, staff initially simply notes that appellants' arguments erroneously refer to the development standards governing boathouses as "new provisions" and continuously and erroneously refer to an effective date of these development standards as being October 18, 2004. In fact, prior to June 4, 1997, any boathouse proposed on any residentially zoned properties (as defined by that code) could only be approved as a conditional use which was required to be approved by the Board of County Commissioners pursuant to the procedures set forth in the then numbered Section 2.7.4., of the first codified LDC (i.e., the conditional use approval process) and other development criteria for approval in effect at that time. Thereafter, on June 4, 1997, the Board of County Commissioners approved Ordinance No. 97- 26, which removed the requirement for Conditional Use approval for boathouses and replaced that with the current approval process. That process was described in (former) section 2.6.21. of the LDC, specifically (former) section 2.6.21.3 Dock Facility Exten,~ion; Boathouse Establishment Criteria. (see attached exhibit E). Similar to the previous provisions governing the Conditional Use approval of boathouses, the 1997 amendments to the LDC set forth a defined process but also added a specific set of development criteria governing the approval of a boathouse as a "use." Specifically, all boathouses, regardless of the extent of the protrusion into the waterway or the width of the waterway, shall require public notice and a hearing by the Collier County Planning Commission ,,""-" To summarize, the 1997 LDC amendment resulted in the Planning Commission having final approval authority over a Boathouse as a permissible "use," rather than the Board of County 3 Agenda Item No. 7 A September 13, 2005 Page 4 of 74 ,,,....-~. Commissioners, by removing the Conditional Use process requirement and established enhanced requirements for review and approval of boathouses. The ordinance set forth and summarized the required development standards for boathouses, including additional development criteria regarding roofing material, as follows: 2.6.21.4.5. RoofinJ! material and roof color shall be the same as materials and colors used on the principal structure or mav be of a palm frond "chickee' stvle. The 1997 amendment changed the process from one of review of a conditional use petition with ultimate approval by the Board of County Commissioners, to one of review of a Boathouse petition coupled with specific development standards (including roof type and color) ,with final approval of a Boathouse petition by the Collier County Planning Commission. The 1997 amendment also clarified the definitions of "Boathouse, private" and "Dock facility." (see attached exhibit F) - Factually, the appellant's assert that their boat canopies were all installed and erected prior to the issuance and publication of the interpretation and prior to the adoption of the "new" provisions and definitions contained in the LDC, which they claim did not become effective until October 18, 2004. Appellants ignore what was expressly stated in the simple re- codification of the Land Development Code by Ordinance No. 04-41, which was effective October 18, 2004, in Section four thereof, that the re-codification did not act as the legal creation of "new" regulations or definitions. Rather, the prior existing regulations were intended to remain in effect as originally codified. Although appellant's factual assertions of when their boat canopies were erected has some weight, it can't be exactly determined when the appellants' boathouses were erected because they did not receive the required approval to do so (regardless of whether it was a CCPC- or BCC-required approval depending on the time the canopy was erected relative to the then effective regulation). Thus, there is no County record evidence they did so, nor did they obtain the also required building permit for this type of structure. County records indicate a building permit was applied for the appellants' boat dock and lift only in February, 1998, which was after the 1997 amendment to the Land Development Code referenced above. Therefore, the appellants' argument that the interpretation is not supported by competent substantial evidence is itself not supported by the County's records, as there appears to be just such evidence of when the underlying dock and lift structure were permitted, but nothing supporting a similar request or approval as to a boathouse "use" or corresponding building permit for their boat canopy, which must have been erected then or thereafter and not before. ,..-- The appellants next contend that the interpretation is not supported by the Land Development Code, claiming that the use of the terms "structure" and "building" is vague and overly broad and could include the inclusion of structures such as docks and boatlifts to be included within the same definition. The appellants here simply fail to realize that the Land Development Code clearly identifies the differences between boathouses and docks by the simple inclusion of a distinct definition for docks and that, furthermore, the regulations clearly differentiate between required approval processes and development standards associated with a boat dock versus a boathouse. A fair reading of the LDC itself reflects that the County acted intentionally 4 Agenda Item NO.7 A September 13, 2005 Page 5 of 74 and purposefully in creating clear distinctions between boathouses and docks and the regulations attached thereto when it adopted its Land Development Code. The appellants also claim the "new" definition of "boathouse" is vague and overly broad as a result of utilizing the words "any building or structure" to describe a boat house and then reach a somewhat self-serving conclusion that the reason for the interpretation is not to correctly and un-biasedly find the most definitive answer for "boat canopies," but its purpose is to find a means to ban them all together. The appellants' claim is outside the scope of the interpretation specifically because the appellant sidesteps the Director's analysis of the photograph as it relates to the definition of a structure as follows: "Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. . . ." The Director's opinion clearly states that the boat dock structure and attached canopy fixture require a fixed location on or in the ground in order to provide permanent and fixed storage and support to the boat moored thereto. The canopy or roofed portion of the structure is attached to and supported by the dock facility. The appellants next claim the interpretation is attempting to stretch the current restrictions pertaining to boathouses to an area where Collier County has not previously attempted to clearly define and regulate boat canopies, and as a result, the County has not defined any legitimate public purpose for a total ban or prohibition on boat canopies or covers. Again, this claim is outside the scope of questions asked and response provided to the requested interpretation. The Land Development Code clearly defines the elements of a boathouse and regulations applicable to their "use" approval and establishment, including identifying specific development standards of permissible style and roofing materials. Whether the specific effect of these regulations would be to preclude appellants or others from obtaining the County required approvals and permits or not is speculative at best, as no such applications or approvals are of record either before or after the Interpretation was rendered. Numerous boat canopies are found throughout the unincorporated County, thus this assertion is without any basis in fact, and there is no such prohibitive County regulation as a matter of law. Lastly, absent an express intent to ban or prohibit all boat canopies, there would, of course, be no such statement of a public purpose, and appellants' claim in this regard is self-fulfilling and without merit. The appellants broadly claim the LDC is devoid of any standards, guidelines or qualifications specifically referring to the installation of boat canopies or covers and that the LDC does not provide landowner with notice that boat canopies are prohibited in any manner whatsoever. In response to these claims, the LDC definition of a boathouse or structure is not dependent on the type of roofing materials that mayor may not be permissible by the Land Development Code or for that matter the Florida Building Code. The LDC clearly defines development standards for boathouse structures, including a specific requirement for permissible roof material types and colors. Although the appellants boat canopies may not be approvable under the provisions that are part of the subject interpretation, there is no factual evidence that they 5 Agenda Item NO.7 A September 13, 2005 Page 6 of 74 have sought or been denied any such approvals, thus, their claims would not appear to be within the proper scope of an intetpretation or an appeal there from. In summary, in response to the two questions asked in the request for official intetpretation, the Zoning Director opined that the canopy fixture depicted in the photograph meets the elements of the defined term of "structure" and was further defined and regulated by the LDC as a boathouse. The Zoning Director further opined that in order to lawfully be able to obtain a building permit to construct a boathouse, LDC Section 5.03.06. requires that boathouses, including any roofed structure built on a dock such as the depicted "boat canopy," must first be reviewed and approved by the Planning Commission under the procedures and applicable criteria described therein. Prior similar Board Actions: On September 9, 2003, petitioners Robert Davy and Mark Allen brought a land use petition before the Board of County Commissioners requesting a IS-foot variance from the required boathouse side yard setbacks of IS feet to 0 feet and a 30-foot variance from the 20-foot maximum protrusion for a boathouse on non-conforming lots. This request was accompanied with a request for a variance in order for the applicant to have the ability to have a boathouse without a principal structure and a variance from the code requirement that the roof match the roof on the principal structure. The Land Development Code at that time, as it does now, requires that in order to construct a boathouse or dock, a principal structure (residence) must be constructed before or simultaneously with a boathouse or dock. Furthermore, the code at that time, as it does now, requires that the roof material of the boathouse must match the roof material and the color of the roof of the principal structure, or be of the palm frond chickee style. The applicants had an existing boathouse with a plastic canopy roof. The Board of County Commissioners denied the variance request by a vote of 4- I. The Board of County Commissioners denied the request citing among several reasons an expansion of rights beyond what the code presently allows for conforming lots through the granting of variances to development standards on non-conforming lots, including the roofing material ofboathouses. (see attached minutes - exhibit G) Additionally, the Board of County Commissioners held a workshop on March 16, 2004, the topic of which was to discuss the possibility of prohibiting boathouses. This workshop was initiated in response to concerns raised by property owners in the VanderbiIt area. Their concerns related to boathouses and their impact on view, impact on property values caused by perceived degradation of view and aesthetics. Concerns were raised by public speakers about existing code violations in neighborhoods (illegal canvas boathouse roofs). Others spoke on the impact of the boathouse structure on their view. Michelle Arnold, Code Enforcement Director, gave an update on the illegal canvas boathouse covers and pending code enforcement action. No specific direction was given to staff regarding any potential changes to the Land Development Code to either ban boathouses or to change any existing development regulations. .- 6 Agenda Item NO.7 A September 13, 2005 Page 7 of 74 FISCAL IMPACT: None LEGAL CONSIDERATIONS: Pursuant to Section 10.02.02.(5) of the LDC, the Board of Zoning Appeals (BZA) shall hold an advertised public hearing on the appeal and shall consider the interpretation of the Zoning Director, and public testimony in light of the Growth Management Plan, the Future Land Use Map and the Land Development Code. The BZA shall adopt the Director's official interpretation, with or without modifications or conditions, or reject the interpretation. The BZA shall not be authorized to modify or reject the Director's interpretation unless the Board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the Growth Management Plan, the Future Land Use Map, or the Land Development Code. GROWTH MANAGEMENT PLAN IMPACT: It is staff's opinion that the official interpretation, as rendered by the Director, is not applicable to and therefore is not inconsistent with, the Growth Management Plan. RECOMMENDATION: That the official interpretation, INTP-2005-AR-7442, by the Director of the Department of Zoning and Land Development Review concerning the definition of a structure as it relates to a photograph of a canopy attached to a dock over a boat and boatlift/dock facility and how such structures are authorized as a permissible use or not by the Land Development Code, be found by motion, second and super-majority vote, consistent with the LDC as rendered, and thereby, be upheld by the BZA. Prepared by: Susan Murray - 7 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A ADA.2005-AR-7658, Joseph C Fuller, P A..lepre:-;enlirlfl John and Teri PurVIS and other affected property oWl1er~ r",qtle~tll1g an tlppeal to OthCICl! Interpretation INTp.2005-AR-7442 related to an mternal officiallfltctpletation regarding the definitton and operative provi$iotls of cl'!rlaltl LDC terms rertaimng 10 "Boat Crlllopies 9112./20059:00:00 AM Date PrCIUU"t:d B~' Susan Murmy. totep Community De\l~lopnwJnt & Environmental ServiceS Zoning & Land Development Director Zoning 8. Land Oeveloprm,nt Review 8122.'20059:59:13 AM D<lte Apprll\'cd B)' Susan MUfr<lY, A1CP Community Development & EnVlronmenlal Services Zomng & Land Development Director ZOl1in~ & Land Development Review 8122/20059:59 AM Date Apprfl"\"cd B): Sandra Lea E)[8cutJVe Secretary 8/2212005 3:31 PM A PJu'll\'cd BJ Community Development & Community Development & Environmental S&rvices Environmental Ser\,'i~:cfi Admin Constance A. Johnson Operations Analyst Date APllto"'cd B~' Community Development & Community Developrllent & Environmental Services Environmental Servicos Admin 8.'23i2005 5:50 AM Joseph K. Schmitt Community Development & Environment",1 Services Community Development & Environmental Services Adminstrator Date Community [}e"~~lopment & [nvjronrnental SerYICCS Admin 6f25i2005 Ui4 PM o.ate Approvcd By Patrick G. White County Attorney Assistant County Attomey County Attorooy OffIce 8129120053:59 PM Date Apllro,'cd B~' OMS Coordinator Coul1T.y Milna8er'~ Office Admlnistr;\tivf;' ARsislant Office of Mal1ayerm~nt & Budget 8/30i2005 1{J;51 AM M.ark Isa(;ksof1 DaW Allllro\'cd 8~' Counl.y Managcl"s Office Bm:l~Jet An:JlYllt OffiGC of Mllnt~gement & Budget 8/30.'2005 l' 52 PM APllnwcd B)' MI(;h<1l,~1 Smyijowskl County Man<l90f'S Offtce Management 8. Budget Director Date Office of Mallll{/emlmt & Budget 8/31/200510:32 AM Dale Approvcd By James V. Mudd Bo.lrd of County COlnmlSsiol1erS County Mani'lger County Manager's Office {l/31f2005 12:51 PM Agenda Item No. 7 A September 13, 2005 Page 9 of 74 Memorandum TO: Susan Murray, AICP, Director Zoning and Land Development Review Department FROM: Michelle Edwards Arnold, Director Code Enforcement Department DATE: SUBJECT: Joseph K. Schmitt, CD&ES Division Administrator Jennifer A. Belpedio, Assistant County Attorney Patrick G. White, Assistant County Attorney December 3, 2004 CC: Request for internal interpretation - Boat Canopy The Code Enforcement Department is investigating the existence of canopy fixtures erected over boat docks and boatlifts within unincorporated Collier County. The Building Official has confirmed that these fixtures are "structures" under his interpretation of the Florida Building Code, but I ask that you confirm this opinion with your interpretation of the definition of that tenn under the Land Development Code (LDC) (See LDC Section 1.08.02). Assuming that these fixtures are in fact structures, our Department needs to determine how such structures may be authorized as a permissible use, or not, under the LDC. I have attached a photograph depicting a typical structure for your review. Please advise as to your interpretation of how the LDC applies to these structures as a "use." Should you need any further clarification of this request, or need any additional information before you are able to render your interpretation, please advise. Your prompt attention to this request is greatly appreciated so that we may timely conclude our investigations. CDPR0002 - Image Print Agenda Item NO.7 A September 13, 2005 Page10of74 CD-Plus Report - Code Case Image }DE CASE NUMBER IMAGE DESCRIPTION .::004041445 IMAGE DATE 12/3/2004 Collier County CD-Plus for Windows 95/9B/NT Printed on 8/24/2005 6:45:56 PM Page 1 Agenda Item No.7 A September 13, 2005 Page 11 of 74 BOATHOUSE MEETING CURRENT CODE: ROOF MATCHES ROOF OF HOUSE (VANDERBILT BEACH AREA) Agenda Item No. 7 A September 13, 2005 Page 12of74 ,..)&.. ...-.,.... ,-~, ILLEGAL CANVAS ROOF BOATHOUSE; NO BUILDING PERMIT, NO PLANNING APPROV AL (V ANDERBIL T) Agenda Item No. 7A September 13, 2005 Page 13 of 74 BOATHOUSE MEETING CURRENT CODE: ROOF MATCHES ROOF OF HOUSE (V ANDERBIL T BEACH AREA) CHAPTER 5 SUPPLEMENTAL STANDARDS 5.01.00 Generally 5.02.00 Home Occupations 5.02.01 Applicability 5.02.02 Allowable Home Occupation Uses 5.02.03 Standards 5.03.00 Accessory Uses and Structures 5.03.01 Canopy Tents and Shades 5.03.02 Fences and Walls 5.03.03 Guesthouses 5.03.04 Dumpsters 5.03.05 Caretaker Residences 5.03.06 Dock Facilities 5.04.00 Temporary Uses and Structures 5.04.01 Generally (To Be Provided) 5.04.02 Interim Agricultural Uses 5.04.03 Temporary Uses during Construction 5.04.04 Model Homes and Model Sales Centers 5.04.05 Temporary Events 5.04.06 Annual Beach Events Permit 5.05.00 Supplemental Standards for Specific Uses 5.05.01 Businesses Serving Alcoholic Beverages 5.05.02 Marinas 5.05.03 Farm Labor Housing 5.05.04 Group Housing 5.05.05 Automobile Service Stations 5.05.06 Private Airports 5.05.07 Townhouse Development 5.05.08 Architectural Standards for Commercial Buildings and Projects 5.05.09 Communications Towers 5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards 5.05.11 Carwashes Abutting Residential Zoning Districts 5.06.00 Signs 5.06.01 Generally 5.06.02 Signs Exempt from These Regulations 5.06.03 Prohibited Signs 5.06.04 Permitted Signs 5.06.05 Development Standards for Signs 5.06.06 Sign Standards for Specific Situations 5.01.00 GENERALL Y[Reserved] Agenda Item NO.7 A September 13, 2005 Page 14 of 74 Agenda Item NO.7 A September 13, 2005 Page 15 of 74 ACCESSORY USES AND STRUCTURES 5.03.01 Canopy Tents and Shades A. Canopy tents and shades shall be permitted in all areas zoned for residential and estates use, subject to the following standards. 1. The canopy tent shall meet the side and rear setbacks for the applicable zoning district. 2. These structures are expressly prohibited on the street side of the front wall of any structure or building. 3. A building permit shall be obtained for these structures and shall be accompanied by a plot plan. 4. Only one (1) structure shall be permitted per residential lot. 5. A principal structure shall be in place on the lot prior to permitting a canopy tent. 6. These structures shall consist of metal pole supports with canopy tops and no sides. 7. The maximum size of these structures shall be 300 square feet 8. The canopy structure shall not exceed fifteen (15) feet in height. 9. The use of these structures shall be for the storage or parking of recreational vehicles, vehicles authorized in residential areas, or as a sun shade for outdoor recreating. At no time shall these structures be used for any other type of storage. 10. The canopy tent shall not be permitted with electrical or other utility connections. Exhibit D-I 2.6.11.2.2. 2.6.11.2.3. 2.6.11.2.4. 2.6.11.2.5. 2.6.11.3. Sec. 2.6.11. 2.6.21.1. ORD. Nc. q9.-4b Ju. Y\ E.) \ Io} \ 3"'3 Agenda Item No. 7 A September 13, 2005 Page 16of74 F.MeS ef walll ,1MlIi ';JHhiR the ..... ... ytIId If '.vate.'8Ilt lete 8M .... er.. in lilll BhaIl...I.... te few feI& ill...... For oon-watmftont interior lots one acre or less in area. fences or wall. ~ reach a maximum height of 6 feet for side and rear yards. but are limited to 4 feet within the reQJlired front vard. Rartt_ wil'l. r&i!8r wife, spiN .1 ... 8hjl", er IINtfi..ly eIIiIPs- reMI. shell "I p1'8lHite41 IKI. diet tile h8ard 8f II8IIiB& BpJI" may allew the lI8II sf...,.1I ..vift ift e8tljW8e88R vlitll _Blink -iRs: vAt... it IiBde a se8Yl'M}' er I..___...a Mi_ M188 as a 'oIQlitiy MM', ......... 1IeII&MIBl ,laBt, er .imilar '011'. For waterfront lots one acre or less in area. heipt limits are as for non-waterfront lots. but with the additional restriction that fences or walls within the reauired rear yard are limited to 4 feet. For comer lots one acre or less in area. which by definition have onIv front vards and side vards. anv portion of a front vard fence within the safe siaht trian~e described in section 3.2.8.3.22 of this code is restricted to 3 feet in heieht. (Two sides of this triqle extend 30 feet alq the orooertv lines from the point where the ri~t-of-wav lines meet. and the third side is a lin,e connectin~ the other two.) Barbed wire. razor wire. spire tips. shaq) o~. or elec:trically charJed fences shall be prohibited. exCC!)t that the board of zonin, umeals IJlllV allow the use of barbed wire in coni unction with chainlink fencinv for facilities where a securi~ hazard ~y ~ist. such 811 a utility substation. sewage treatment plant. or similar use! Agricultural districts. For the purposes oflhi, section. agricultural districts shall include: A agricultural; E estates; and CON c:ooservation districts. Fences and walls within agricultural districts shall be exempt from height and type of construction req\lirem~PtllX8ept that lll'ieWtwally il8RN prellEy 1891 than ii.... 88I'M iR siR an8 le81leli '.vithiB 1II4!I1R _pltfll IIftI8 eR the futuN 1lHl41H11Mp 8filte Bf8.'~ IBIRaglllMllt ,Ian ehall h. Mjeet te the lllUBI (eneiRS p1'8\'isi8f1S as fer _1I_aI lIiIIfi.... Dock facUlti. "* Individual or multiple private docks. including mooring pilings, davits, lifts and the like are pennitted to serve the residents of a development on canal or waterway lots, provided they do not protrude more than the respective distances specified in sections 2.6.21.2, and 2.6.21.3, for such canal or waterway. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access by users for routine maintenance and use while minimally impacting the navigability of the waterway, the native marine habitat, manatees, and the use and view of the waterway by sUITOunding property owners. Permitted dock facility protrusions 811 well 811 extension of dock facilities are measured from the property line, bulkhead line, shoreline, seawall, rip-rap line, or Mean High Waw line. whichever is more restrictive, On unbridged barricr islands, a boat dock shall be considered a pennitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, 1Dd/0r provides for any acccssoty uses and/or structlU'es. Boathouses and dock facilities proposed on residentially zoned properties as defined in section 2.1.4 of this Code, shall be considered an accessory use or struc::twc. Boathouses shall be required to be approved through the procedure and criteria in section 2.6.21.3 and 2.6.21.4. In addition. anv covered structure erec:ttJd on a orivate boat dock shall also be considered ID ""CC8sorv use. and shan also be realdred to b9 aDDrOved throUjh the procedures and criteria of section 2.6.2].3 and 2.6.21.4. of this code. R-,...UI. ef thl II. 8f pre....ielt; "81&ke'olll. )11'8'._ 8R l'IIlilleMielly I18Red )ll'8pell'tie. as lIeliME! in .eedeR ~.I.] ~ 8f Otis "dl, shall Words lIlNlIk lhrellsh Ire deleted, words underllnecj are added. 61 Agenda Item No.7 A September 13, 2005 Page 17 of 74 N leu_II B eeMiti8Ml1lfll and aW lie ..,,...,. 8y 1M lie_ sf .lMIBly eeR1IBitIeieMIB pWWMt te \Be prneNee IIIIl f8" ia eeeUlft 1.M M. shall N reviewed "8111111 88 \Be appli_"le 8IMria ..(1118... tBeIeiR, 88 '/fllI 881M applieHl. 8fiteFia fewtd ia Bllti8M 2.6.21.1.1 .tIIk 2.6.2.1.19 8f daB eelle. See. 2.6.18. Automobile Service StatioDl. SipallC: As rcauired bv Division 2.5. So.pure _ 1M reue'Mag Ngulati8115: a: ABeIAt lighliAg aBCl Ilaek lightiBg is pNhi"H" 9B IMSpy &tnietwes. ... Pele M8ftII are prehillited. A MAgie gJ"B_d sip shall 11. permitted per SKe, 81t ts "111111 sHtty ('~ 811..... r.. ia 8I"8ll. OM_d Ii.. ehell lie IiIBitell te . IIIIIIIIIimlIBt sf.iPt (8) feet iB heipt lIII IIlIIllnftll hill the 1eweet 8I81..iM pede If the al8NBt JMl8li. Ir pfivele R.Q.W. er .._Ill er \Be padiiBg let, \vhiehever is higher, Ie the 1iJlJlllftftlBt peltilR If the sip stf'ltehlN. 1M MgR shall he p_elI withiB I 290 IIfIU8I'I feet IBlUlllll&Jl86 area. eo Ulum_ell liBfJ88e, Isge&, w.'nsiBg and iRfol'lllMi18 8N . pf8hilliled eeve J8ll ]III1RJl11. .. The BYRlIl.r ef 88 premiees ilireetieneI Mps shall 11. li.Hell te t'.ve (2) siRgll plr 18lIy1eKit. .. Sigeege ideRtifyiag . i.wter aBCl VlIllUWB apperetYII ehell he liIBiteQ te 8 t8telsffew (i) 8If'I8I'8 feet in..... See. 1,6.33. Temponry DIe permits. 2.6.33.3. Temporary construction and development permits. During the construction of any devclopment for which at least a preliminary development order has been granted. as required below, the developer may request a temporary use permit for the below-listed activities. The temporary use pcnnit shall be granted initially for a period DOt to exceed 24 months in length and may be renewed annually based upon demonstration of need. A n:qucst for renewal sball be submitted to the site development review director in writing 30 days prior to the expiration of the temporary use permit. Temporary construction and development pennits shall be allowed for the following uses: 1. Temporary offices to be used for COnstructiOD, and administrative functions within the development. ~ TIIftII8I8I'Y eilt.. Ie he lIIIad fer .11 iIIletieBll. iBII_1II .11 1m." all..'.... fer .. ..... ....... [spJ ___.. If 1I,..lIiBte, .......1, er prsp.ftr .JfIithia she il8'l'8lsplll88t Ie whi.il it 11 lee..., Sf _jaelllt Illl'Velspmea181Hl1ler tM .... 8e..l. 2. TcmDOrarv administrative offices to be used in conjunction with a bona fide B2ricultmal use in the BlZricultural mniml district when located in the area dCllillDatcd uricultural on the future land use mao of the future land WlC element of the Collier County Inowth manallement Dlan. 3. On-site storage of equipment and construction materials for use on the development site only. Words ""'111 ........ II'e deleted, words underlined II'e added. 62 See. 2.6.21. ,Ph-.............. I.. ...... Dof1r: r.mltls o~\). No <1l - 2. 6 JU,Y'E:.) 4 ) \CfC)7 1M .,InIIlI." .t1M .1... .1......... .......... ....t ..... nth v_II. IIM.I '- ... rer NIl..... .........". 2.6.21.'. Individual or multiple private doclel, Includlnl moon... pilinp. davits, liRa. and the like 11'I pennltted 10 ICM the residents ot I development on canal or waterway loti, provided they do not protrude more ChIn the rapcctiw d1lt1ftces specified in leCtione 2.6.21.2,. and 2.6.21.3. for aucb anal or waterway. Oftelr. .NI tho like 'n! primm1y il'llftlded la ad...e1y 1Il!!Un! I'IHIftft!d _I. Iftd provide ure .ceen ~ UII!!I'I for routine mailll_ and use while milllm.1ly ""'.~lnl the IIavlphlli~ orlhe ...~ the native m.nne hell.. III....~ .M II,! Ole .nlt vtf!W ftrdte w.t~ ~ IQrnmMIIII PftlPer1y ~ Permitled dock facility protruaiOI1l u wen u extension of dock f1cililllllll'l meuunxl from tho property line, bulkhead line, shoreline, .......11, rip-rap linll, or Mean Hilb Water line. whichever i. more restrictive. On unbrid,ed hurler i.IUld... I Mat ~ Ih.llhe lCOIIadered . permitted prinelp.' use: tt-. . dnek .h.n Dftt. ill "'1 MOr, lCOIIStitute I U!Il!I or muetunI whleh pennlllL ftlCPIlreL IIldJor pmvidel for IIJl)' ---amy U!Il!I md or atnIetun!!t A...ill._ 1.1'hI,..t.....J "~.IIi. ,..,.....'-.... ..i...... ....IIi... iII....i... 2.'.21.2 .. :1.6.21.2 tIIIf'" ........... ..... thlll ...i.. ,HI I. _Ii.. .. , h'M"I")' Ih. C.IIi... e......, PI_III c:.......I.I.... I.. t. ., M'I ....II .1I1....i." ,..111," "'." wbi.. th. ,I...i... .1fI1Ifti.... ,.... ..i.", ,..,.....,.. ....1... J.:U I .fllll. ....., . .JII'lev" ,lIili.II..- "':...&y IA'..,.. '''r'''Y ...... tHy ."", ... Ii... .Iie. t. 1M "... .h.MIII........ 'RI. "...... '("111..,..1, -1Wf .1111II, .... wi'" 1I..ltl'llII 1'1\....,11' 1MWIl. with ..".I1i..iM aMi_ .tthe '1IIftlIlill...IIIRIiI.I.... E..h .".. ......... AI" willi th, ..._.~ity ......IIp...IIII. 1M iNMI...llWli.. ..'Ii.I......' with!" I. ...,.. .t Ih. ..... .f tII. ...181' ~y III. ,1_"1 ..........1... an. Ihall ". "...... rer h_... with tIl...... .f.... ...... ,lIf1U" I. lit. ,....~_ IIl4 .".i...l. re. .It f.Jd\ iR ...ai." U.,. .fllIi. ..... R.......I_ .t th.I." .f......i.'" "Bollhoules and dnek raelliti. pl'OpOlOCl on residentially aonecI propertilll U defined In 1ICICIi0ll 2.1.14 of thi. code. .haJI be mMfd~ III .....--Valll or atnx!Imw_ Aftllthmttl~ IMII be ft!QJIired to M ~ Ihmnrh the pn-I._ U111 eriteria ill ~OII ~ I; 11.J 'rid ~ Ii 21 .. ......... . .....iti.".. .e and ...Jt. _n ". .".. '''''1 th. .._ .f M1IIlty .._IIi.... ,__ .. ~t.yY1I1'Ved 71\ the ,...... IIl"'~ iII._...2.7.1_ "I'" ..wl\....... req\p.i ~ ...dI. ..,li...I. ...1Ift1 ..(................ .. 'nU.... for corO\-no\"\a 1 .,'liIllltJ....'.......... ill ,..1... :a '.21.1.111lN'" :u.:a.l.IG .r use thi...... 2.6.21.2. D-t FIIt!lIlIy ".1_81'. IIfttlllftfrllorl_". The fnn"';"1 ~reri. ~ty 1ft dnelr faenllil!llftll ~ . 2 I; ~ 1 2 I, Por loti 011 I eusaI or waterway that II 100 feet or pater in width. no hMthnu., dock f1cl1ityJboliI combination .11 protrade 1DOI'I1Ml20 feet bdo the wat.-way (i,.. tho total protnWOIl otthe clock fecl1ity ,_ tho total proIruIiOll oflho moored WIICI). :U.2U. 2 Ii 2122 For Iota on I.... orWIterWIJ IhIt II lea.... 100 feet hl width" clock f'adHti. may e:xtendIprotrud not .... tbIn AWl teet bdo ..w anal or waterway. No line\! II!Ktt!nlllnn ",.n he ptlld to .nn. I dnck Wanll..... *'-Ik ......... .... ......,...... .. ..... rap 54 05129197 e . Agenda Item September 13 Page 1 f'.enitvAlotd mm~ In~_thm 20 fflII!l mm die waterww.dlM MtIM 1... th.. . ...1M"". ftrm ~ ftrdHt pi.... _lwidth~d_~_I(.\ftllthe~ ..d8 "rtt.lI! I!MHI' 1ft he ........"18... whl..Jtt!WP RIItftI'I) ft!drit!tiWL :U.~1.4. 26.21.2 :J. ForJoll on. CIftIl orwll04ft)' chat itlell1hlll70 leet in wield!. the docVlCUIty CltCllllon ~ idlllllrJOCl in lOCtion a.6.a-M 1.UU. it not lvallable (i....1UCh 1otI..limited 10 a five-loot dock llICility). u,ay.. 2 6 21.2 4. All clock llICilitia on 1011 with water hntap of 60 leet or JZ'CIICr Iball haw a skIc ICIbIct reqairanent of 15 reet, acepla provided in !;t!ldi__ 2 6 21.2 tV 2 6 21 4 Dr _ acmpted below. AD dock r.cnitla (lI!l!~ '-"'-) 011101I with... duaa 60 lee! olwater fiontaae Iha11 haw a.cIa IetbIck Ie4Ubemcat on ~ feeL All dodt faci1itia (p/'41 ho~ 011 loti at the CI'I4 or Iic1e en4 or. carIII or waterway IhaII have .licle 1db8Clt requinanent or 7 ~ fed II meuured fi'om the aide lot line or riparilD line. whichever iJ lppfOpriate. For purpoIa olt1dalCCtion, riplriln lillC 1haJ11le defined II a line ex1CIldinl front the comer or _ end lot and aido end lot into the canal or waterway biaectinl equidiltantly the _ale created by the two interlecting lOlL (See exbibit A.) a.6ftII.,6, , 2 6.21 2 5. , An dock faciliti-. ,....n. oC~ tIIaI1 haw ref1ecton . m4 house ftUIIIbcn f'oar ~ mIniIIIaaIllze 1nataI1ecI. the outermoIt cad, on boCh tIdeL Por IIlUItir.mDy cIaveIopments. the boule number requirement iJ WIived. ;U.~1.1. 2. 6 21.2.6. All dock f8Cilitia ..subject to.- IbaII comply with, all locIenIlIIlI state RqURmc:atl md permttr. iDdudiDI but IIGllimltell to Iho requirementslftd permits olthe Florida dcpll'bnent or eavironmental .....IMi." protection. 1M Fl..... ...... .1....... ........ the u.s. Amy Corpa orEn&ineen. m4the U.s. Environmental Protection Agency. ~ 2 6 21.2 7. PrDl<<tlMI of ItItIpID b<<k Where nn .....11.... II... ......... . cfoctinl fiIcilltia .." propoIOd or boat clock CItcIIIionI. tho locaticm md praeuc:c or tcapUI or ICIpII bedI within 200 feet or Illy propoIClI dock flCiUty er 1I.1Ih.... tba1I be icIcnIifled 0Il1D .w photoanph haviD.alCl!e of one inch to 200 feet when 1V111eble &om the county. or lacale oreme IDCh to 400 feet wbeIIllICb photoJnIphI.. not Iftilablo from the county. The Joc8Iioa 01 IeIJl'III hedlIhaI111e verified by . lite Wit by Cbo lito dcYeIopment .mew direc:tIor or hiI deli.... prior to iauInce of IIJJY project IIpproYII orpermit. 2.6.21.8.1. 2621 27 1. All propoted .......~ .... ......_ ... dock fKlUd.1balI1le IocatecIIIftd atipocl to Itay alll111t tell feet &om any .latlna...... bods. .cept where . COIlIiauouI bed of 1CIIf." aiIta oll'tbe .... of the property and IdjlCellt to tbe praperty. and 10 1DiDl~1p nepdft impacta to ~ lIfl md olberutift thoro1iDe. ~,,'l md IUbmcrpd vcptJtion and bInS ...... ClODUDIIIIitia. w.. .... ....... ......... ..."........... .......... ....." 05129197 --.--- - ,- r 2.'.21.1.2. 2n'.2...'~ 1.6.:U.U. 2.621.2 7.1, U2U. 1.'-21.1.\, 21i 21.1.1 2.'.2 J.J .:1 '} 6 21 ~ 2 :1.1.21.1.2. 2621 ~n CI6'OW7 Agenda Item NO.7 A September 13, Page 20 Where. ClOIItimaoua boll of ........... off die abont of 1M propett)' IIId IdjllCl!lll to the property die 1pp1icMl 1M" be .11owed to build a dodt 1CI'OII1he........ or a ....... .....11.. dockin, &dill)' wllbfD. ,. or.... LiI u Such .........__ .... IIMII", . docklnl racillllalhatl comply with Iht f'otlowlnl conditions: 1. The .....be... .... III. If doc:It ...... be lla1lciJht or It Icut 3.5 I'CIClC NOVD. 2. 1botcrmlnaJplatbmofdtedocklballnotcxcood J601CJ1IIftl k 3. Tbc lCCeII deck shatl not ncced a width offoar feet. 4. The ICCOII dock and terminal platform thall be lilCcl to irnpICI the Ill'llllat IRa or ICIpUICI JIOAI'b1o. n, petitioner lball be requirId 10 demonIInc. how nep1fve impccs to leaJI'UIII and other nadv.lhonlliDa YCptIIiOllIlld hII'd bonam communities., been minimfzecl prior to Illy projocc IppI'OVaI or pennlt luuance Dntoi Fad.11ty ~&Ul_' IlIJllIAntu_ ~_IJ&It",_, r.rll-'tL Adlli~ 1~..;,.", ~ uitf ....,.....'-11I.-- ....Iftl!!d III ~ I 2 Iii 11 1 1 -' 2 /I 21 2 '} 1M dnt* t)el1ttIM' .1..1.1 ""-"-- ~ ; n:prdll!llll ftrtMaf8It ft,the ~ hdD the ~trrtbe WI~ af'dJe W1d~ thalll'l!lQJliN pnhlW! IWW and . ~ ~ die ntm. (".oun~ Planlll". CmnmlmMl A.tI 1ft IIQ' -. &w.lt~....~ ..,- whim the I'I-'"I~im_ tak.. ~ ---ID ~qJ .5.2 t 1 ftft'hla ~ an.rew.d petiliftnl!rpr __ty df-"'4 ~- m~ weallbeh h.t ~ 1ft die hMrd ftfmnhll _l!Il'l T1Ht hMnf 9rMflI.".,.... ~ aIIIrm am"" wj~ mnditlnnt -- fJIl_ with MIIfII"- the ~_ ftrtbe P'-nw mnmdni_ ~h WM' than he filed with die _mi~ dew!!1qpMl!ftt -' flIIVIrnnmf!llta' -w- ..tnmn......... wltWn ,. .. al f~ dill! ftrthe ~ftII ~ the pl-m"f _'-'- -'.un he~ fiv "-;lIf wid! the hMnI ftt-"lr ~..~...., 1ft 1M ~ md 1IIlP1I~le teeM rMdt illllI!ICfI_ I j; j; atthl. ___ The p~ eDIIlmlui_ ahall hIM It. dlll!W_ Itr "'-"r ......1 with mndhlDllI tft deftl.1 ftII the fbllowln, erlletJa: Whl'!t..... tft ~ t:Rlo munbcrr or dock 1tciUtl- ~ .liD! to be IocIIed OIl the subject propaty ;a ~q"~" iatt iD ftIIIioa to the IeD&th or..6uJd pNpeI1)' avai1adIl, (orlhe location or1ha pr., ...t dock IiciHcica. Whether -1IQf t AI water depth wIIero the pro f ..... " "'-1. IlcI1Ity" to be IocIItlld fI aunw-t ll'Ia'lnw Itr..,. ~ at..... ~ ~ n~tatl... the ntl!!Mlftft ~ .. .......... II III. ...11II.. .t the .."'..... ........ De__" ..... "WIM .l~.-A ........ *-'. ww- tft MI d.e p.~ _II ~ r.elH\)' -' m-' _100 Ig ~~ ~havellft ~ ~ID ~ptf-wltltlft IA .,U-tnavlphle ~1 w....... ................ ..... _' LA........ ...." I . 2 15 21 I t 2621 :U. 1,6.11.1.1. 1621 B. 2.6.11.1.6. 26213.6. 2-'.21.1.'7. 162137. 2 1.1 I 1 I 26213.8. .U.::U.I,9 2621 19 2.&.21.t.10. 2621310. Agenda Item NO.7 A September 1 Page 2 n. I.' ....... ~.tt.... ,..file) ,r... ...,..., III wi_ iI. .... ..lilY i. Ie lI. I..d.'. ~ '" IIlIlllle "''1-.-1 dnelr desfp mill mNmd veaeI pmtmde 8I'P.III1lI' t1Ill11 2~ rw-t ert1le wid'" erthl! n.vipble e_1 M .,-ter tMft 20 reel rMbnll!loU!l1!lL Bftd ~ at' not. minimuM tit ~ ~ ert1le p'blnl'llll_1 wldtll h!IweM "-k ....""'~ _If.\ MI the..,-.le aide erlhe _III f"lIint....m In MIler ta --.....amah)e .....~ widtb for Mvirahilily ~..A'eIl \M f.. fIleR", wiR..... the.r.ey .("'.... .r\M liMP"" .11...1. 1M .;...... .... )Yhet1ler '" not tb_ _ ~.I enlllllitfOM relatr.d to tbe ml1ject ~ nrw.terway whieh jPdI~ 1M ~ dlml!ntdftM and lneatimt orlbe 1II1Vflt:t cIoc:k. 'Rw ...." 1"~Wli... .. .....r ....k ......1... III .dj..... ,..,...i... Wllether fJ/r Mlthl! ~ dfta ill ttf ",ini",.1 dilftf'!Mi~ nee~ hi ftI'lfll!r' tft ...~ltIIely ~ IIN! ",oored -- while pmvidin,reutY .'\hlll ...~ 10 the boat for matine m.inlerl~ wilhoutlhll Wle or e1!ef!I!!llvl! deek III'elL 111. iMP- the __I.R wilt hll'l" lip.... .JiM\" .r.... ~..,. I . .J..... .........IU...., 1't11I'" Whl!lhl!r '" not thI! ~ lItnII!tIlrI! h tit "","",.1 d"1tIM!IIlIlomI ta minimift! the m,p.1!t ,,(the vi~ ftr 1M ..~ '" mrrttIIftdn" p~lIwnen. 'At. .1....... I' ....~t. ",. 'epdl (4hN. ..... .1 "'1M II. .....ar) II ..",,.,,,. the ~ _...- ...... Whl!l1ler t1r not t1Iel'ftMr'llll-1 hi I.. -- or fifty {so\ pen:enI er the '-fl" tit till! _1!I"finntHe meh diet tIN! addiliM et. dnek ftrueIure will me-tlN! ""pad M,. ~Yl!\y I~ the view ptlhe....~ 1u' ..If'I'ftltftdillr prqperrv-. 1M Ii. .(\lI. '..11 iftI",." Ie" "'...... at 1M.... ,..m". )rVbl!thl!f or nnt the ~ IncatlM and drsl", orlbe dn.:!'k Iveal!I eomblnatlOll i. mcb that it mav Inf'rinp 'lPml1b1l WIll or neirhhnrinf ~eI.. inelndiftl any ~im;nl MeIr mueture!l Fer tIIMIII 'II.....ji. ,Illy. R-.miftl exiltiDJ beathic 0tpIIiImI in tho vicinity orthe prapoICllI fIlt1IlnIion: 00 WhI!IberOl'nnt II!llVO- ant ""'*'" within 100 ffll!l titthe ~~ and.. ()) Whether M fttIt the ~ dfte1r I. -1VfW!t tft thfil ftllltdtee I'rntfWimt ft!CIllIl'l!ll'lerlta orthl. r.nd~fll! 2 Ii 22\. 2 Ii 21 " 1 1. If deemed n.-..ry baed upon review ofdtelboYe rzitcri.. tho pllnnia, commIuioa may impose neb ccmdldonl upon tho IppIOYII or III extension requat It deems II ~y 10 WorcII... ...tJJk...........~ - adde4. O~n.9197 ....57 -- ICCOmpllah d1e purposes orahl. code and protect the .rcty and wcll'lre oC &be public. Such conditions may include. but thall not be limited to, pala lido 1CCbIct(1). pnwiIion Oflipt(I),lddltional ret1eetorI. or reflecIan I....1hIft four incheI.lnlI prohibitina or permiuinl moorinJ on the outIide orthe dock ClCility. 2621 .. RNlltllm8111t.I..-rllllU'In additWI tG the mten. In Hetlan * '16 '11 ~ the rallawb-r enteri. aliBI _If to ha.......-. . '1 6.21 .. 1 UhIi_ .we ~k ft!CIJ1ll1!1ftf!11t! J.lirlr.1 '1 (Ii 21 .. '1 Mulmum pmmman Iftta wat~ 2! pereenl or eanat width f1Ir 20 rft!!l. whl~hew:r iI.kII. '1..6 21 ,,:I. Ummum hel,ht: I J reet as _.00 hm tqp or _II at haftk wIt~ i. IIlftN leltrietiva. '1 621 .... UIlIlmum number nr halt1l_ per .it~ ODG.!U 2 6 21 .. 5 An '-thmBe m ~ _11 he ~'II!te1y qpen ftI'I atl (GIll' (.c\ Mds. :2 6 21 .c (Ii . RMrlt'lf mltma1 met I'Mr enw a11111 he the IlImIl .. lIIateria'. MId MIora ~ , DIed ftI'I the prinelpa11tn1etU1e at 11I'3' he IIlr. palm fhmd "ehill!1r:lI!III!" . IIX1a. 1.6.16. LeeMI.. ....1....... h, ...... ....... ~ CI'MlP ...... d"f!lqpmellt .tand.nlL G~f!fYJ1 R.'--lIIIu All poup boulmlllnlctUr'Cl aha" meet Ibe ColJowiIll requiremcnll specified for ach IJpe of ItructIIrc: 1. Sit' development pllft (SDP) IppIOY8lln conformlnc:c with dMlion 3.3 (with the exception or a Camily en Cacility). 1. All applicable It&te IIld county buildmlllld fire cod,lItIIIdIIrd.. 3. All app1icable Itatc IIId county Iic:enaina requirements. 1.6.26.1.1. Family CtlNfGdlity. A family care &dUty Ihall be treated....1e clwctllnl unit ror the purpose of delennininl I:pplicable dewlopment ItIndardI and. therefore, lball conf'orm to che ItIIICIInIIldentified fbr alinalo-fimily dwcllin& unit or mobile home inb -Ill diJlrict auiped to the property, . well u other applicable IIIIIIdIrda round in the mnilll code. Howevw, a new rllfti17 care racility IhaJllIOt be located within a rldlUt or 1,000 Ceet oC another cxlltllll family cara facility. 2.6.26.1. . 2.6.26.1.2. GrorIp t:tUW fGdIlly (QIfcJOI7lad tJIII6IfII'7/1). A poup CInIllIcUilylhall be pamod by tho dcwlopment ItIndardI kSndfted in tho 1Oftin. cIillrice _ped to the property and lb. rollowln.1tIIIdardI: I. MI,,"'""" "ablttlbl. floor ,.reo. 'II.. ....11........ 1ft...... .... """"""-' nlllllecl. 1'1.. '1 06III2J97 Agenda Item No.7 A September 13, Page 23 Divllion 6.3. Definitions. ofOrdinanc:e 91-101. almelldcd, the Collier County LIncI Development Code, II heRby llIlended to ... u follows: DMSION U. DEFlNJTIONS . MNIt CMfIHP/.1./vlftrfeeUi",,. f,fC:!FJ- AnlJtH lJv#", Ftldll~ (ALFJ. Any buildlna(l). section of a building, distinct put of a bulldina. raidcacc, private home, boIrding home, ar other place, whether opc:rated for profit or Dot, wtIich undcrtaka duvu&h icI OWftCI"Ihip ar man.gement 10 provide for . period exceedinl 24 boan, housina. food ICI'Yic:e, and one ar more pc:rson.llCI'Yic:c:a ror four or more: 1du1ts, not related to the owner or administrator by blood or marri.ge:, who require IUCh seMc:c:a and to pnMde limited nursin,lClYic:c:s- when specifically licensed to do 10 pursuant to F. S. i 400.407. The: flci1ity .....11 be 1ic:c:nscd and .pproved IS such by Florida department of hc:aJth and rchIbilitatiw 1CIYicca. A flCi1ity offering pc:rscmallc:rvic:c:s or limited nuraiftllCl"Vic:c:a for fewer than bar adults il withhl the meaning of thil definition if it fonnally or Infonnally Idvertl_ to or solicits the public Cor residents or referrals and holdl itself out to the: public to be an atablishmcnt which regularly providalUch 1CrVica. Bed' MeI_: I. reeC" ......... _jl."" II I ~l "Ift ... II .... ... ~.i... 18\..... "......i." I. . ".It. + Boatltou.u, privatI: -Alt-A mafed, tr.".eao:y _to. residealialllnlchlre(l), adjacent 10 a W.tCfW.y, cpen lHl III sides and pravidmr emered p""'f'JI'I~ hi . bolt ,f8e.Ii.i"..,a.. reF .. helllli"l,e. "... and lICCCIIOria CUItOme:y therdo. A private boathoule may net be used Cor the: purpose of human habitation. (See: section 2.6.21.) Care lIlIil: A rc:sictential treltment ficility, ""... . -iIla he., whc:rc:, Cor cornJMllSlticm (if applicable), pc:nOna under CInl receive: food, lodainl and 101M fonn of orHite Ihcnpeutic c.re on a d.ily basis. This type or can: may imo1vc psycbiatric. psychofosical, medical, physiological thenpics, behavior modification and other such services. This type or rlCility .hall contlin 15 or more pcrIOIlI ander care:, plus resident supc:rviIors II requlrc:d by subsection IOA-S.Ot9, Florid. Adminiltrative Code, Ind .hall permit all oftbe lilt ofUlelIS pcrmiUc:d by group CItCl (acilitia (Category I and Category m. (i.e., ..It .."..... IM"I r..ilili", mided livi!lf 'adlities' fOlter care {acillties; rlCilitia for: IIcd pc:nona, dcvclopmc:nlllly dinblc:d perlOnl (u defined m F. s. S 393.063(11). .. amcndc:d). phylicall)' disabled or IwIdiclpped pcrIOnI (II defined in F. S. i 760.22(7)(.), u llIleaclecS); c:riail md attention care; diapllccd adult care; bocneleu mellen; mental and CIIIOticmaI heahh care; ofrendcr halfway houses; spouse: abuse care; subltu1ce abuse care; and youth ahehen). (See sectiOll2.6.26). . CtJ7IlilJuill, t!tIn ntinllf#!Jtt t!tllflllfrndty fCCRQ' A Imn, I!IIVimnmenl pnwidilll.heh~ rtwvl IJId eilher "ursinr i:ln! or ptnnnllllervil'.l! u defimlll in I 4M.cm (16\ pg wherJ!~ _h "ursinI eRn! or 1)eI'SOnlllel'Viees In! provided in the r.cllity or 1ft InOlher letti"t delipllteelto' the arn:ement for mnlhtuinr em!.. to ." indiYidl1ll1lOt ft!Iated 10' .une--illily or .mnity to the pmYider fumiKhinf 5Ilch CII'e.. IlPD" ~t of 1ft entnnI'.e ree whic:h it lieensed by the dqllrtment DriMUnIIIeP- of the StlI.te orF1oridl purmmt to s.6!1 If S -t Dock /tJdllty: Juty ItI'Uc:tIn conItnJc:tcd m or CYCl' a waterway {or tho ~ ormoorins a boa&. Thil inehlda cIocb. ~ pl~ meenn. pilinp, hoatMuseIlftd the b'b. 'Rail ..11.... i",au.. ........ e, Ile.. ahal'", Group lIou.ri"ll JUJU: A room or rooma ccmnectc:d togc:cher, COIlItitutinlalCplrate. indepc:ndc:nt houIcIteepln. CltlbJilbmlllll and physically 1ClplIrItc:d 10m any other IOOma or puup hoatinl until, which may be ill the 11IIIO 11nICtIIre, wi1II or without complete 1dtchcn facf1itie1, and c:ontaInin, "eepin, facilitia and .-diary rlllCi6tiea. A IftMIP hoaaiq unit il wI_lo to tho fo1lowinl types of ItnIcturcs: limny care facilitia, poap QI'II f'ac:l1itia (c:alcJory I and wonk_II.... at dIIcIId, wwdtlllda:lilral.. ....... Pap 6S 06I0V97 Agenda Item No. 7 A September 1 Page 2 fol1owinl typeI of IInICt1nI: flml" CII'CI lIcI1ida, poap CII'CI f.nltieI (CIItFIJ I .. catc:aorY 11), care units, mclllU1'lln. ham.. _ _.ted ~ -.t __i~ .... t.!IIttf__ (Sc:c section 2.6.26). HIM'. hOlll.. ra' ,.... or ...-", .N /tJdllty: See "'" c.....,. lrlWw ~ ~ tmhltM IM"r (1II!I11fy (Al.F1. SICI10N 'OUR: CONFLIct' AND SEVEItABILITY . In the cvc:nt thil OrdiUftCO connic:ta with IIIJ ok Ordinlnc:c DC Collier County and odIcr IIppIicablt law, Ibe more rc:strictlve 1haI11pp1y. trlllJ phIw or portlan or die OnfiIllftC:e illtcId hmfid or unc:onstitutional by any court oC compctalt j1lri..r1ClioD.1IICb portiOllIball be deemed. tepmI8. distinct IIIlI independent provisicm and_ boldinl abaIl ftOIt aft'ect.... ftlicJlty ottlac nmainin& portion. SEmON FIVE: INCLUSION IN THE COLLIER COUNTY LAND DIVELOPMENTCOD& The provisloDl aClhi. OrdiftlDco ,hall bocomo and be m..ro a part of the Lmd Development Code of Collier County, FloridL Tho aectiona Or tho Ordinance may be rcmamberecl or rcIc:Itaed to accompUllhlllCh, and the word -onIiMncc" may be chln&cd to "aecdan", "lS1icle". or IIIJ other IppIOprilte word. SEmON SIX: EFFECI'IVI DATI 1bil OnIilWlCO 1ha1l bec:ome effective apoa fillq with che Dcpc1ment oCSIate. PASSED AND DULY ADOPTED by tho Boant ofCoanty CommIRiancn ofCoUier Couaty. Florida, lhil Ih:L day or ~. 1m. ,...... . . ...',....,u.Q,. ...,.......~:~: ~.....~~~..;:;~ \".... ~'."~Jo. .. .: : :.'. ,it .....~..~~ ATtESTt' '". . '..; . =.: fJ.,c, ~. 0"'... '. .' ". .. ~ .. . "1 . , . ~i~~~~ J.~ I" . ..,~~.. . . BOARD OF COUNTY COMMlSSlONERS ~H amY CHAIRMAN APPROVED AS TO fORM AND LBOAL SUFFICIENCY 1'h" ordll'lCl'lU flied with the 5tcrwtGry of E~~ ~dfl'/ of ~ and oclctlotr ~ of that filing Nee"," this aM: ., Of~_~~' _ ~ By _ ~ ~~'''1''~' RIB M. STUD ASSISTANT COtJNTY AnORNEY . Wardl.... ....... n..... -.lllIIldI:diDIlIn...... ....116 05129197 - GENERAL PROVISIONS Agenda Item No. 7 A September 13, 2005 Page 25 of 74 1.08.02 1.08.02 ~. Auxiliary facility: The spaces located at educational plants which are not designed for student occupation stations. Average daily trips: A weighted average of the number of vehicle trips or trip ends per unit of independent variable (e.g. trip ends per occupied dwelling unit or employee) using a site's driveway(s). The weighted average rate is calculated by summing all trips or trip ends and all independent trip variable units where paired data are available, and then dividing the sum of the trip ends by the sum of the independent variable units. Base flood elevation: A flood elevation having a one percent chance of being equaled or exceeded in any given year. Beach: The zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. Berm: A mound of earth to provide screening or buffering between uses. Bike lane: A portion of a roadway which has been designed, constructed, and designated by signing and pavement markings in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines. requirements. Block A parcel or parcels of land bounded by public streets (other than alleys), public land, a water body. or physical barrier. Also, the land fronting a street between intersecting streets. See Figure 2. ,.--... Boatet. A facility offering transient lodging accommodations normally on a daily rate for boat travelers. These accommodations include wet boat slips, where guests mayor may not sleep on their boat. ~ Boathouse: A building or structure used for the storage of boats, watercraft, or equipment that is accessory to boats or watercraft. Bonus credit: A unit representing the right to increase the density or intensity of development within a Rural Village to an extent equal to that achieved through TOR Credits, up to the minimum required density. [sec. 2.03.08 A.2.b.(3)(b)] Breakaway walt. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundations system. Buffer (also, landscape buffer): Land or a combination of land and vegetation for the separation of one (1) use from another and the alleviation of adverse effects of one (1) use to another. Building. Any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter, or protection of persons, animal, chattel, or property of any kind. Building, actual height of: The vertical distance from the average centerline elevation of the adjacent roadways to the highest structure or appurtenances without the exclusions of section 4.02.01 . .--... Building, zoned height of: The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 4.02.01, Exclusions from height limits, and off-street parking within a building.) Supp. No. 1 LOC1:13 Agenda Item No. 7 A September 13, 2005 Page 26 of 74 Div. 6.3 COLLIER COUNTY LAND DEVELOPMENT CODE ~ including, but not limited to, rental of covered or uncovered boat slips or dock space or enclosed dry storage space or marine railways or lifting or launching services, and for dredge or barge dockage and storage. Boatel: A facility offering transient lodging accommodations normally on a daily rate for boat travelers. These accommodations include wet boat slips, where guests mayor may not sleep on their boat, that are normally combined with a hotel/motel and itsacces80ry uses, such as a restaurant. Boathouse, commercial: A building where boats are housed, launched, hauled, repaired, serviced, maintained or stored. ..:I': Boathouse, private: A roofed, accessory use to a residential structure(s) adjacent to a waterway, open on all sides and providing covered protection to a boat and accessories customary thereto. A private boathouse may not be used for the purpose of human habitation. (See section 2.6.21.) Bottle club: A private establishment where patrons may purchase bottles of liquor or bring their own and keep them for consumption after legal closing hours. Buildable area: The portion of a lot or parcel remaining after required yards have been provided. Buildings may be placed in any part of the buildable area, but limitations on the percentage of the lot that may be covered by buildings may require open space within the buildable area. -----... Building: Any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This definition shall include tents, awnings, cabanas, or vehicles situated on private property and seIVing in any way the function of a building, but does not include screened enclosures not having a roof impervious to weather. Building facade: That portion of any exterior elevation of a building extending from finished grade to the top of the parapet wall or eaves and extends the entire width of the building elevation. Building, height of: The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 2.6.3, Exclusions from height limits, and off-street parking within a building [section 2.6.3.2].) Required minimum floor elevations shall be in conformance with the Collier County Building Construction --... Supp. No. 16 LDC6:10.2 Agenda Item No.7 A September 13, 2005 Page 27 of 74 September 9, 2003 MR. MACKEY: Commissioner, might I respond to the transportation part? CHAIRMAN HENNING: No, sir. We have a time certain at 10:00, or no later than 10:00? MR.. MUDD: No, it's after 10:00, Commissioner. And I figured that you'd get through 7(A) and 7(B) before we handled that item, but we'd get it finished before lunch. CHAIRMAN HENNING: You want to go to 7(A) and 7(B)? MR. MUDD: Yes, sir. Item #7 A PETITION V A-2002-AR-2525 ROBERT DA VY AND MARK ALLEN, REPRESENTING LITTLE HICKORY SHORES UNIT 3 RE-PLAT PROPERTY OWNERS, REQUESTING A 15FOOT VARIANCE FROM THE REQUIRED BOATHOUSE SIDE YARD SETBACKS OF 15 FEET TO 0 FEET AND A 30-FOOT V ARIANCE FROM THE 20-FOOT MAXIMUM PROTRUSION FOR A BOATHOUSE TO A MAXIMUM OF 50 FEET, FOR PROPERTY LOCATED IN THE HICKORY SHORES SUBDIVISION, LOTS 1,2,3,4,5,9,10,11,12,13,14,15,16,17,18,19,20 ANn 2'1 - UENlED CHAIRMAN HENNING: Okay. Anybody have a problem with that? 7(A) is the continuation of the July 22nd, BeC meeting. This item is -- requests all parties to be sworn in by the court reporter, and for the Commissioners to give any ex parte communication. This is the variance of2002-AR-2525, Robert Davy and Mark Allen, representing Little Hickory Shores, Unit 3, re-plat property owners, requesting a 15- foot variance from the required __ for the required boathouse side yard setbacks of 15 feet to zero, and a 30-foot variance from the 20-foot minimum protrusion oithe Page 32 -~--_._-----._-- Agenda Item No.7 A September 13, 2005 Page 28 of 74 September 9, 2003 boathouse and the maximum of 50 feet for the property located on Hickory Shores subdivision, And lots 1 through 20 and 22, Block G, lots through -- 3 through 9 and 10, Block H, Section 5, Township 48, Range 25 east, of Collier County. Any participants wishing to -- any people here wishing to participate in this exercise, please rise and the court reporter will swear you In. (All parties were duly sworn.) CHAIRMAN HENNING: Commissioner Coletta, do you have any ex parte communication in this matter? COMMISSIONER COLETTA: Yes, I do. I met with Tony Pires and also with Rich Yovanovich on 7/28 and 9/28 (sic). And I had correspondence from a Mrs. Walls and a Patricia Stark. CHAIRMAN HENNING: Okay. Commissioner Coyle? COMMISSIONER COYLE: I met with Mr. Yovanovich, a representative of the petitioners yesterday, and I have received correspondence from supporters and opponents of this particular petition, and that correspondence is included in my file. CHAIRMAN HENNING: I have correspondence, and they are in the file, if anybody would like to review it. Commissioner Fiala? COMMISSIONER FIALA: Yes, I've met with Mr. Yovanovich and I've also met with Mr. Pires and Mrs. Maggio. I have a great deal of correspondence that I have in my file. And also, I went out and took a look at the site and rode down the road completely and looked up all the addresses of the people that I found on my correspondence. CHAIRMAN HENNING: Commissioner Halas, you gave your correspondence ex parte communication. Is there any more? COMMISSIONER HALAS: Just the fact that I met with the -- Tony Pires and I met with people that live in that general area, and -- homeowners in that area, and I've had correspondence, e-mail, both Page 33 Agenda Item No. 7 A September 13, 2005 Page 29 of 74 September 9,2003 for and against, so that's where we stand on this. CHAIRMAN HENNING: Mr. Yovanovich, you're representing the petitioner for this variance? MR. YOV ANOVICH: Yes, sir.. May I start? CHAIRMAN HENNING: Go ahead. It's your time. MR. YOV ANOVICH: Good morning, Commissioners. Rich Y ovanovich, for the record, representing the petitioners in this matter. What you have before you today is a request for a variance for a number of lots to allow them to come through the process to request a boathouse. These lots, as your executive summary indicates, are in fact boat dock lots and were created that way back in the Sixties. None of the lots themselves are large enough to support a principal structure, they're all about 450 square feet and about 40 feet in width. Prior actions of the Board of County Commissioners was a conditional use and variance, and I think also what was called a provisional use, to allow boat docks to be constructed on those lots and allowing a zero-foot setback for the boats to be moored at the boat docks. So in effect, these lots have already been determined by a previous board to be boat dock lots. And essentially what happens is a fmger pier is built approximately at the center line of the lot and the lot owner has the right to put two boats on that lot. Now, there was a lot of -- there was a letter written prior to the planning commission that raised some issues that I would like to address that really are not related to the variance petition, but I wanted to address those anyway. The -- one of the concerns that was raised, what about the fact that these lots -- or these boat docks could be rented out? Well, that could happen anywhere. That's a code enforcement issue. A dock behind someone's house can be rented out. These lots are prohibited, from the prior legislative action taken by the Board of County Page 34 Agenda Item No. 7 A September 13, 2005 Page 30 of 74 September 9,2003 Commissioners, from being rented out. They're intended to serve the person who owns the lot. So that is the purpose of these -- the boat docks. Also, it is required that they not be commercial. One of the concerns was that this was now going to turn into a commercial marina. It's not going to be a commercial marina, it's going -- it's a boat dock lot that serves somebody who doesn't own a home on the water, It provides access for boaters of the community to have a boat dock. What we're simply asking for is the same right that any other property owner who owns property on the water has, is to request the ability to ask for a boathouse. If you have a principal -- if you have a house, a lot big enough to have a house on the water, you have the right to request a boathouse. We're asking for the same privileges. Now, in order to do that, there are -- we have to obtain some variances from the code provisions, because they just don't work for these lots. One of the provisions that we need a variance from is the fact that we cannot have a roof that meets the same -- can't be similar to the roof of the principal structure, because we can't have a principal structure. So we're asking for a variance from that requirement that the roof match the roof on the principal structure. Second we're asking for is the IS-foot side setback requirement. It won't work for the lots, they're only approximately 40 feet in width, and with that requirement we are already allowed to go up to the lot line for the boat anyway. So we're just simply asking for the ability to the house to go and cover the boat which is already allowed to go basically to a zero setback. And finally, we're asking for the ability for the boathouse to go out beyond 20 feet, because this is shallow water, and you basically can't build a dock and get your boat in the water at 20 feet. Now, keep in mind that we're not asking for an exemption from the criteria to go through a boat dock extension. We still have to go Page 35 Agenda Item No.7 A September 13, 2005 Page 31 of 74 September 9,2003 through a boat dock extension to extend out into the water. And when that happens, the planning commission analyzes impact on boater traffic, impact on view. All of those things are addressed at the time we go through a boat dock extension, and we would still be subject to those criteria when we come through with a boat dock extension. I'll briefly take you through where the lots are and a little history of how we got to where we are. This is -- these are the lots. This is Third Street West. This is from your property appraiser's GPS. Right here are the affected lots. Now, I don't represent every one of the lot owners, a few of them chose not to be part of the petition, but a vast majority of the lot owners have chosen to be part of this petition. How this started was Mr. Allen and Mr. Davy went to staff originally because they were approached by an installer of these boat covers. They went and they asked, do we need a building permit for these covers. And the response that they got was no, you don't need a building permit for these covers, so they installed the covers. Subsequently to that, staff has detennined that these are in fact a structure, therefore requiring a building permit. And since it's now a structure, it's technically a boathouse, and you go back and follow the circular logic, it comes back to well, you can't have a boathouse because you don't have a principal structure. So the mechanism to get in front of the Board of County Commissioners tp.at was arrived at with staff was to come forward with this variance petition to address all of the lots in a global situation, recognizing that we still needed to address the boat dock extension when each individual boat dock comes forward. So we went to the planning commission with the staff recommendation of approval on the variance. The recommendation was for hard covers versus soft covers, if you'll let me use that terminology. And we got to the planning commission, and the Page 36 Agenda Item No. 7 A September 13, 2005 Page 32 of 74 September 9, 2003 planning commission preferred and imposed a condition that instead of hard covers, they preferred soft covers in this location, because they felt it blended in better with their surroundings. And it was a recommendation just for this area to allow soft covers. And I'd like to point out again on this map that you can't even really see the soft covers. And this is -- I wish I could blow the ariel up and get a little tighter. But right where my finger is pointed, those are Mr. Allen's boat covers, and across the way right there are Mr. Davy's boat covers. So they are -- they do blend in nicely with the community . Now, when I first took this case, I was a little concerned about how those boat covers would look. I wasn't sure -- and my recommendation was let's just go with the hard covers, because I -- my personal preference was I thought that would look better. But I went out on the water with my clients to see what's around the community and what do these things really look like. And if I can, I'll show you some pictures. CHAIRMAN HENNING: You can just give that to the County Manager. MR. YOY ANOYICH: The first picture is -- I would have never gotten that right in lining that up. The first picture, those are Mr. Allen's boats, and that's from the water, obviously. You virtually cannot see them as you drive by on the road. The mangroves have grown over to block them. The next picture is across the way; that's Mr. Davy's two boats and covers. That picture is a picture looking in -- into the waterway, facing east. And that's basically the view coming back the same way. That's what you see going in. I mean, there's already a boat on a lift, so the cover or house, whatever is approved, will not block the view, because all these boats are on lifts already. Page 37 Agenda Item No.7 A September 13, 2005 Page 33 of 74 September 9,2003 That's another look of -- that's looking in east, and you'll see there's already an existing boathouse in the area. And that's what it looks like. And I don't -- this next picture is not the best -- oh, it's real fuzzy, let's not even take it. What that picture was is looking from the east to the west, and what you see is the hard cover -- the hard -- and before you see Mr. Allen's boat covers, you see that existing boathouse on a boat dock lot. And finally, one of the questions was what do these things look like when they're placed together side by side, so to speak. That is the Vanderbilt Towers boat basin. Now that's a mid-rise condominium. That's what these people look out from their windows and see in their boat basin. And I'm assuming, since the condo hasn't objected and those things are in place, it hasn't really been an issue for people in these mid-rise condos to look at these boat covers aesthetically. And you will also notice, by the way they're constructed, there's a natural separation from the boathouses, so they are not rooftop to rooftop to rooftop. They do line up nicely and provide, you know, a view, if you can, between the -- through the core. Also in the area, if you want, I've got pictures of other single-family homes that decided that these boat covers were for them, and they've gone ahead and constructed them as well. So I mean, the neighborhood on the single-family lots seems to like these covers as well. The planning commission wanted to make sure that the aluminum that holds up the canvas was in -- does in fact meet the hurricane standards, and it does, it's a requirement that the aluminum frame meet the hurricane standards. Now, obviously the canvas does not. They wanted a requirement that the owners come and remove the canvas cover if there's a storm coming, and we've agreed to that requirement. Mr. Davy and Mr. Allen live locally, and we would be fine with that Page 38 Agenda Item No.7 A September 13, 2005 Page 34 of 74 September 9, 2003 being a condition on any of that, if we went the boat cover route, as recommended by the planning commission. We're also okay with going with what staff recommends, the hard cover, if that's the preference of the Board of County Commissioners. We do believe that this is a unique situation, these are unique lots. We're only asking for the same rights that anybody else who owns property on the waterfront would have, is the right to ask for a boathouse, go through the process of getting a boat dock extension. And we fully intend to comply with the building code structural requirements. I don't have much more to add. Your staff report was thorough, you have all the backup material in your packet. I do -- would like to respond to any comments from the public as to why they mayor may not object. And with that, unless you have any questions of me, I'll -- CHAIRMAN HENNING: Questions by the members of the board? Commissioner Coletta? COMMISSIONER COLETTA: Yes. Mr. Yovanovich, up in the upper left-hand comer, there's a red line that intersects the boat docks, from best I can see. What is the significance of that line? MR. YOV ANOVICH: To be honest with you, I don't know. I just pulled the map up just for purposes of showing the location of the lots. COMMISSIONER COLETTA: I really would like to know what the significance is. Is it a property marker of some type? MR. YOV ANOVICH: I don't know. We are constructing -- we would be required to construct our boat docks within our riparian lines for our lots. So we'd still be required to be consistent with the riparian lines set forth in your code, and we'll address that at the time of permitting. COMMISSIONER COLETTA: Does it have anything to do Page 39 Agenda Item No.7 A September 13, 2005 Page 35 of 74 September 9,2003 with it about the state owning land under the water? MR. YOV ANOVICH: Commissioner, I don't know. COMMISSIONER COLETTA: The particular case, I mean, as far as applying for this. MR. YOV ANOVICH: We would be required to obtain whatever per -- if we needed to get a state permit to build a boat dock there we would get a state permit. If we don't have to, we wouldn't get one. MR. MUDD: Red lines on that overlay, Commissioner, normally designate lot lines, okay? That's the way the property appraiser has them laid on that sheet. You don't see them on the individual ones so well on the visualizer, but if you get close to that picture, you can see them, so that every lot is squared off with a red line. CHAIRMAN HENNING: And sometimes they're not correct. MR. YOV ANOVICH: Right. CHAIRMAN HENNING: It's just a line on the map. Because I can tell you that my neighbor's shed is on my property, but my survey says that it's not. MR. YOV ANOVICH: It's an approximation, it's clearly not a surveyed line. COMMISSIONER COYLE: You should bring that before the County Commissioners. CHAIRMAN HENNING: No thanks. I have some questions. MR. YOVANOVICH: Yes, sir. CHAIRMAN HENNING: The -- what's the lots platted -- the plat for the lots, they're platted for what use? MR. YOV ANOVICH: Well, actually, it was silent. And the determination has been through legislative history of granting of conditional uses. Since they never met the minimum size requirements for a single-family structure, I'm told through, you Page 40 Agenda Item No.7 A September 13, 2005 Page 36 of 74 September 9, 2003 know, verbal history that the intent always was that these were boat dock lots. And that's in fact what the Commission has said in the past, that these were going to be boat dock lots. CHAIRMAN HENNING: Was this a PUD or is it just a subdivision -- MR. YOV ANOVICH: I think it's straight zoning. Straight zoning from way back when in the '60s. CHAIRMAN HENNING: What is the property appraised as? Is it -- I mean, commercial, single family? MR. YOV ANOVICH: It's appraised at RS-4, which is what they are. They're RS-4 lots, but they don't meet the minimum lot size to be constructed. CHAIRMAN HENNING: Okay. One minute, Commissioner. COMMISSIONER FIALA: Sure, I just let you know, CHAIRMAN HENNING: On this map that's not very clear -- you might be able to answer my question or not, but on the road to the north, there looks like a structure just next to the vacant lots. MR. YOV ANOVICH: Right there? CHAIRMAN HENNING: No, to your other left. Yes, that way. Right there. Yeah, right there. You had it. Back. Never mind. Commissioner Fiala? COMMISSIONER FIALA: Go ahead, ask your question. CHAIRMAN HENNING: Do we know what that is? MR. YOV ANOVICH: That's the boathouse. That's the one I showed you, the hard cover. CHAIRMAN HENNING: Your voice changed. MR. YOV ANOVICH: I got coached. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, just one thing: The boathouses that exist right now -- well, there's the boathouse and then the canvas cover. MR. YOV ANOVICH: Right. Page 41 Agenda Item No.7 A September 13, 2005 Page 37 of 74 September 9,2003 COMMISSIONER FIALA: What kind of setback are they using presently? MR. YOV ANOVICH: They're using the width of the boat slip as their setback. They're built on the existing pilings, so under the existing regulations the pilings can go to a zero setback. COMMISSIONER FIALA: So they're set right now at a zero setback? MR. YOV ANOVICH: Yes. So you have a good look of what it's going to look like. COMMISSIONER HALAS: These boathouses that you're referring to that presently have a hard fixed roof, are these in compliance? Were these set up, were they permitted? MR. YOV ANOVICH: I don't represent that parcel, so I didn't look at the history, I'm just -- COMMISSIONER HALAS: Well, what are you representing here as far as the parcels? MR. yaV ANOVICH: I'm saying that right now there's already a boathouse out there. Nobody's tagged it -- COMMISSIONER HALAS: I'm just asking which parcels do you represent? MR. YOV ANOVICH: I represent lots one, two, three -- COMMISSIONER HALAS: Show me where -- show me with your pointer there what we're talking about here exactly. MR. YOV ANOVICH: It would probably be easier if I put -- if you look at your Page 9 of your agenda package, you will see the shaded lots. COMMISSIONER HALAS: Yeah. MR. YOV ANOVICH: Those are the lots that we represent. COMMISSIONER HALAS: I have a problem with putting boathouses up to start with, right from the get-go. And this just compounds it, when there's no other structures that are there, such as a home or whatever else. Page 42 ,.. Agenda Item No.7 A September 13, 2005 Page 38 of 74 September 9,2003 And the other thing that bothers me is the fact that these are just lots. And I'm wondering how we're going to address landscaping needs in that area, and keeping these docks from being rented out. Because I can't believe that everybody up there owns two boats. That's -- that's hard for me to believe, that a person owns two boats for each one of these lots. MR. YOVANOVICH: Well, I mean, that's going to be just like any house that has two boats stored there. How do you know? You've got to at some point either trust the people to tell the truth and do the right thing-- COMMISSIONER HALAS: I think we have a code enforcement problem. MR. YOV ANOVICH: And then you have a code enforcement issue if people are not following the rules. But the requirements on those lots specifically prohibit the rental of those. And we're willing to stipulate to that as part of the approval. COMMISSIONER HALAS: I'd like to hear from the audience here. MR. YOV ANOVICH: We also -- Commissioner Halas, if I may, we did offer to install additional landscaping, if that was preferred, from the roadside. We were happy to do that. We did attempt to meet with the nay-sayers, and there was no room for compromise, so we're always open to compromise. CHAIRMAN HENNING: Okay, any further questions for the petitioner? (No response.) CHAIRMAN HENNING: Any questions for our staff? (No response.) CHAIRMAN HENNING: Seeing none, let's go to public speakers. MR. REISCHL: Mr. Chairman, I just wanted to wanted to put on the record that this is one of the few times that the planning Page 43 Agenda Item No. 7 A September 13, 2005 Page 39 of 74 September 9, 2003 commission and planning staff have different recommendations, ours being more from the safety viewpoint that we wanted to have the hard boathouse, the planning commission went more towards the low profile, I guess more aesthetically pleasing was the general intent. I just wanted to put that on the record for you. CHAIRMAN HENNING: Okay. Thank you. Let's go to public speakers. MS. FILSON: Mr. Chairman, we have eight speakers, the first being Anthony Pires. He will be followed by Jim Boswell. CHAIRMAN HENNING: Okay. MR. PIRES: Good morning, Mr. Chairman, members of the Commission. My name is Anthony Pires with the law firm of Woodward, Pires and Lombardo. And with the board and Chairman's indulgence, I'm representing 14 different property owners in this area that are opposed to this request, and I would request some additional consideration at this time, perhaps 10 minutes. I believe the petitioner went approximately about 15 minutes or so. I'll try to keep within the 10 minutes, with the board's indulgence. CHAIRMAN HENNING: Please. MR. PIRES: Thank you. Within this particular application we have serious concerns. We raised those concerns before the planning . . COmmISSIon. One of the primary concerns, some of them -- some people may say gee, Tony, you're being hyper technical, these are just legal arguments, but I think they are important issues with regards to your process and the process generally. A variance is for the desire to waive or get a modification to a particular Land Development Code regulation to enable the property to be utilized that may not otherwise be usable. You would have to show unique land-related hardship not caused or created by the applicant. The staff, in its executive summary to this board in its package said, there is no land-created hardship. Page 44 Agenda Item No. 7A September 13, 2005 Page 40 of 74 September 9, 2003 Additionally, it is difficult to see, when you have an application en masse of 25 with one variance fee of probably $450, how each one is unique. No individual parcel has been identified for its unique characteristics. Also interesting, in the time that I have practiced in front of this board and other boards, I've always been required to and I always thought I was compelled to and appropriate to, in order to show the nature of the request being desired, to have some sort of graphic. The existing lot, the existing setbacks, what's proposed to be waived, what's proposed for the variance. There is no such animal in this packet. The only graphic that is part of the application process is a copy of the plat. The checklist for the application says provide a survey that shows the encroachment. There is none in this packet. It is then difficult, if not impossible, to ascertain the effect of the variance being granted. What's also interesting is there are no surveys or graphics depicting the water depths. Mr. Y ovanovich made a bald assertion, comparable to the bald assertion made during the course of the planning commission meeting, that there are shallow water depths. That's also in their application. There is no evidence in the record, no testimony that shows there are shallow water depths. Question was raised as the ownership. I think the question was raised as to, gee, what is that red line. I'm not an expert, but I like the surveyors -- I like the survey lines that are part of variance applications to ascertain property boundaries. It is our understanding that is a bulkhead line, and that is a line of differentiation between the property owned by the Hickory Harbor Condominiums. So whether it's exact or not, whether it's a tolerance of one foot, whether it's a tolerance of two feet, prima facie on its face, based upon the documentation from the property appraiser's office, part of Page 45 Agenda Item No. 7A September 13, 2005 Page 41 of 74 September 9,2003 these boathouses and part of the proposed extensions go into property which is controlled by a bulkhead line possibly owned by Hickory Harbor Condominiums. I'm not telling you that is the answer, but I'm telling you that if you had an application that provided the requisite data, you would know that, as opposed to guess, surmise and guess and by golly. That's what the applicant is wishing you to do. The applicant has not indicated and shown any graphics as to how this would look in its relationship to adjoining properties and to the residential properties and communities to the west and to the east. What kind of effect would be created in a single-family residential community? Mr. Y ovanovich says Vanderbilt Condominium are happy, the mid-rise, high-rise people are happy with types of covered structures in their boat basin, but they are not this residential community of a long-standing nature, about a 50-year-old community that does have a canonization effect caused by boathouses that could occur by virtue of this application. Additionally, the application itself concedes that boathouses do not qualify for the use. In essence they're asking for a use variance, which is not allowed by law, as opposed to a variance merely from the requirement. In the application -- the variance petition, the applicant himself said due to the size of these lots, and inability to provide a primary structure on them, they do not qualify for boathouses under the current rules. The current rules provide a definition of boathouse, and I'd like to introduce that into the record, and I will have a copy for the record. Boathouse: A roofed accessory use to a residential structure. It's not accessory to the dock, it's accessory to a residential structure. Our position is if they wish to have boathouses, they need to go back to a conditional use process, because the original conditional Page 46 Agenda Item No. 7 A September 13, 2005 Page 42 of 74 September 9, 2003 use didn't even say docks. The original conditional use allowed for boat launching facilities. At the time the conditional uses were approved, the conditional uses authorized -- had the ability to authorize either boat launching facilities or multiple docking areas. Multiple docking areas were not authorized as part of that prior conditional use process. So we're saying, and our position is, the boathouse can't even be allowed. What I also fmd interesting is that Mr. Y ovanovich asserts and the applicant has asserted that well, we'll give you all the data you want when we come in for the boat dock extension request. My response to that is why not provide it now when you're asking for a variance. Let's do it all at one time. And I can see the argument later on as to why the boat dock extension request should be granted. It's hey, we told you it was shallow, you granted a variance based upon that representation, how can you now deny us a boat dock extension request? I think it will be difficult to do. And it may even be an issue about res judicata or collateral estoppel that you allowed this to occur before. There's been no evidence or testimony of hardship. The applicants have never even testified before the planning commission or even today. The staffhas found no land-related hardship, and the court cases are replete with the fact that a hardship needs to be shown in order to have a grant of a variance application. Mr. Y ovanovich -- and I'd like to introduce into the record also some additional photographs. One's a little closer up. I had problems with my computer this morning printing the full size out. But if I could go to the visualizer and not fall over the new podium, which is very nice, by the way. Thank you. I believe this one shows the red line in greater detail as we come closer to that. What it also shows is something that wasn't disclosed. The lots may extend down to the water, but there are seawalls there. Again, when you start measuring where is the boat dock extension Page 47 Agenda Item NO.7 A September 13, 2005 Page 43 of 74 September 9, 2003 going to be made from? From the property line in the future, from the existing seawall line, from the existing shoreline? And where this is variance from? There are just too many unanswered questions. You have a process where it's designed to have each individual come in on their own accord, on their own merits, lot by lot. This is akin to a neighborhood of 25 homes where people want to change setbacks as to their garages. And they come in with 25 applications all in one, without any drawings, without any surveys and say, you know, we got pretty skinny lots, we want to put garages on them closer to the side yard setbacks. Trust us, we'll do the right thing. Each one needs to be weighed on its own, each one needs to be evaluated on its own. So therefore, we believe that this application should be denied in its entirety. Mrs. Maggio from -- will be one of the speakers who will have some additional information about the question I think Commissioner Halas raised about the one covered structure that's a hard structure that was used by Mr. Yovanovich as an example. We believe that's an unpermitted structure, and that's part of the problem that's been going on out there. In summary, based upon all the -- the deficiency in the application, the failure to comply with the requirements of the ordinance for the application, the failure to show a land-created hardship, the failure to show a non self-created hardship, all they want to do is they want to put more boats on their lot. Their application even says that they're not -- they're usable. They can be used. They just want to put two as opposed to one. And they want to cover it. They've shown no real hardship, no individual application has been provided. We respectfully request then that you deny this petition, and if they wish to submit, submit each one on their own merit, have each one evaluated on their own merit with the requisite data. Page 48 Agenda Item No. 7 A September 13, 2005 Page 44 of 74 September 9, 2003 Once again, I've never seen a variance application without supporting data showing what it's going to look like, what effect it will have. Thank you. CHAIRMAN HENNING: Thank you. MR. PIRES: And also, I have some items that I'd like to make part of the record -- thank you, Mr. Mudd -- the photographs, correspondence I provided to the planning commission, and the transcript of the planning commission hearing, a verbatim transcript. And I'll give those to the court reporter with the Chairman's indulgence. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Jeff Boswell. CHAIRMAN HENNING: Followed by? MS. FILSON: Jeff Garard. MR. BOSWELL: Good morning, Commissioners, my n~e is Jim Boswell. I reside at 270 Third Street with my family. I'd like to point that out to you, that is the stealthy looking building right there on the plat. It's a two-story stilt home. I've owned the property for 18 years, I've lived there for the past seven years. I guess I should have brought some photographs, but obviously, based on that photographic plat there, you can have some idea of my view down the street. Obviously I have no opposition to any type of structure being built on there as far as a cover to protect people's boats. I presently don't own a boat. Hopefully in the future I will. But I don't have any opposition to a soft cover or a hard cover. If I haven't -- if it seems as though all of a sudden I popped out of nowhere and -- when I had an opportunity to supposedly attend any of the meetings at the Bonita Shores Association, that was because I was not invited, So I would have been there to show an opposing view, but I simply wasn't invited. Page 49 Agenda Item NO.7 A September 13, 2005 Page 45 of 74 September 9, 2003 There's quite a bit of history in regards to these, obviously. A lot of the things that have been brought up here had already been resolved through the petition that Mr. Davy and I had brought forth years ago when it was determined that this RSF -4 zoning had been applied to these properties when the Land Development Code had been adopted back in the Seventies. That was arbitrarily applied because these simply were not recognized at that time. Nobody knew really for any purpose that they existed. That's why we've had to go through a lot of these jumping through hoops, is because they simply weren't recognized and taken care of at that time. Mr. Davy and I, during the period of getting these lot lines adjusted in order for us to better utilize these properties, followed the recommendations of the planning commission. So we've followed all of the rules along as they've been posed to us. Anyway, I don't want to take any more of your time. I can't get into a legal dispute here. That's for our attorney to do. But I just -- I did want to bring you up to speed on a little bit of the history as someone who lives right there on the street and overlooks these lots. Nobody else has that vantage point. I do. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Jeff-- CHAIRMAN HENNING: Commissioner Coletta has a question, sir. COMMISSIONER COLETTA: I'm sorry. Before you go, sir, do you own one of those boat lots? MR. BOSWELL: I own two of those boat lots. I just bought one just in the last three months, as a matter of fact. COMMISSIONER COLETTA: Are they the ones that are facing your house? MR. BOSWELL: I wouldn't say anything faces my house. Can I point it out to you? COMMISSIONER COLETTA: Would you, please. Page 50 Agenda Item No. 7 A September 13, 2005 Page 46 of 74 September 9, 2003 MR. MUDD: Tell me where you want me to move it. MR. BOSWELL: Actually, you're very accurate, right there. Right there. CHAIRMAN HENNING: Thank you. Next speaker, please. MS. FILSON: Next speaker is Jeff Garard. He will be followed by Emily Maggio. MR. GARARD: I just wanted to thank you for your valued consideration in looking at this proposal. We're just simply requesting the rights to -- that any property owner on the water has, and that's to protect our value and our investment in our boats. I think it will add to the aesthetic appearance to it. And that's basically all I have to say. CHAIRMAN HENNING: Okay, thank you. MS. FILSON: Next speaker is Emily Maggio. She will be followed by Richard Stocksdale. MS. MAGGIO: Good morning, Commissioners. For the record, my name is Emily Maggio. My husband Frank and I have resided in Little Hickory Shores for 34 years. I am here today representing my husband and myself, and I am also one of the 14 households represented by Mr, Pires, and I am here today representing the other 13 who couldn't make it for whatever reason. I have nine letters from those homeowners. The majority of them live right there on Third street. Two of us live on Second Street, which is where I live, and one person who also owns a boat lot lives in Bonita Shores. Most of them are out of town; one had a hip replacement, the other is chaperoning her child's class. So these are their input other than what I and our attorney have to say, Let me start out by saying, first of all, we as homeowners knew when we moved there that these boat dock lots were there. The Walker family who developed this subdivision, when they extended Third Street created those lots. Page 51 Agenda Item NO.7 A September 13, 2005 Page 47 of 74 September 9, 2003 We have, as residents there, no objection to those lots being used for the docking or launching of boats. We knew they were there. People pay taxes on their property, they're entitled to a use. We have no objection to that. However, and I have here a copy of the original provisional use that was given, and it was for boat launch facility. All other code requirements were required, only that they could have a dock without a principal structure. We feel that that was reasonable. However, when the county went forward and gave them zero lot line, we felt that the county went beyond reason and beyond good judgment. And I'll explain why. That's kind of a big view. I'm going to give you a closer up. When the county granted zero lot line to these boat lots, they in effect gave these boat lot owners more rights than the residential homeowners in that neighborhood. We have no variance and no right to build anything lot line to lot line. And I believe that if we were to come in here en masse and ask for a variance to build anything lot line to lot line, I sincerely can't imagine the scenario under which you would grant such a thing. The second thing they did which makes their decision irresponsible, you look and you see what's there now. With zero lot line -- and you'll see three boats in one and you'll see the roofs. And just imagine when every one of those lots -- and the majority of them so far are not developed -- but when they're all developed, the reality is you're going to have what you see, lot line to lot line to lot line. One boat catches fire, just one, just one, what are you going to have? A disaster. You add roofs, you're only adding fuel. You put them 50 feet out in the water and you're making it dam challenging for the frrefighters. And I'm not just pulling wool. My husband was the fire commissioner of the Little Hickory/Bonita Shores Fire Control District for 21 years and was a working firefighter. It is a real danger. Page 52 Agenda Item No.7 A September 13, 2005 Page 48 of 74 September 9,2003 The county was irresponsible to give these boat lot owners more consideration than they gave to the residential lot owners in that residential neighbor. You plopped -- the county plopped -- not you particularly, but the county plopped a terrible fire hazard right in the middle of our neighborhood. I don't think anybody would want that. As far as this issue of renting, which is another concern, this will become commercialized. I want to show you an ad that appeared the beginning of this year. It is for one of these boat dock lots. They are 30 feet by 20 feet is the plat. I don't know where somebody came up with 45 feet. There may be one that's 45 feet. The majority of them are 30 feet. This is for a boat dock lot. The price is $239,000. I won't read the whole description to you because it's directions, you take Bonita Beach Road, blahbidy blah, and it gets you right there to those dock lots. The remarks: This is a unique opportunity to own great boating access dock with two lifts. Buy one for your boat and rent the other out. The dock has a chickie hut for relaxing after a long day of boating. Water and electric. Beautiful bay view. This is a perfect solution for the closing of Wiggins Pass . manna. Anyone who -- these people who own these lots right now may not want to rent them. They're not going to own those lots forever. And if you don't think that this is where we're going, you're ignoring the obvious. I would like to show you also this, which I got from zoning. Michelle Arnold sent it to me at my request. This is a list of all the zoning violations that have taken place on those boat dock lots from, what is it, '98 to -- MR. MUDD: 5-98 and it goes down through 5-01, at least on the fIrSt page. MS. MAGGIO: That's it. It is replete with building permit violations, and the second largest infraction is renting. And we're not talking about phantom owners; some of these people that are here Page 53 Aoenda Item No.7 A September 13, 2005 Page 49 of 74 September 9, 2003 before you today are those violators. CHAIRMAN HENNING: I'm going to ask you to wrap up, please. MS. MAGGIO: Yes, I will. I realize it's long. You do not need a variance, a boathouse or a 50-foot dock to clean up your property, to plant trees and to improve its appearance. You do not need a variance, a boathouse and a 50-foot dock to install security lighting. You don't need a variance, a boathouse and a 50- foot dock to protect your boat from the elements. Boat covers are available and widely used. You do need a variance to build a boathouse on these dock lots, you do need a variance to cure the zoning violations from which this petition emanates. This is a zoning violation. And if I could ask, aren't those canvas covers illegal? I believe they are. You do need a variance to extend a dock 50 feet into the waterway. Ask yourself, why do existing docks that are being used and are apparently functioning quite well need to be extended to 50 feet? Why do non-existent, and as yet unplanned, docks need a variance to extend to 50 feet? Where is the hardship that requires a variance to the law? Most of the docks are still vacant, there's nothing there. There are no plans in evidence to show what will be built, when or by whom, the current or the future owner. So why do empty lots need a variance? The variance will be in essence a blank check. The final thing I have here is a copy of the Little Hickory Shores deed restrictions. It requires a principal residence before any other structure, and it also requires setbacks. We may have been asleep a couple of years ago, we are awake and organized. We can and will do whatever is available to us to enforce our deed restriction. Thank you so very much for your kind attention. CHAIRMAN HENNING: Next speaker? Page 54 Agenda Item No.7 A September 13, 2005 Page 50 of 74 September 9,2003 MS. FILSON: Next speaker is Richard Stocksdale. He will be followed by Dennis Santos. MR. STOCKSDALE: Good morning. My name is Richard Stocksdale and I'm a resident of the condominiums that are facing here. There's 51 condominiums there and I represent a group in that to say to you as commissioners that we are not in favor of looking out our condo windows into a Tin City atmosphere which could be created by the fact that they're building these covers over these boats. And one is a hard cover and the other one is a soft cover. We have 25 slips that belong to our condominium association, and we have no need for any covers and no desires to put in any covers. So we're opposed to the fact that the covers may exist. The other option we have -- or opposition we have is the fact that we're taking a community and we're inviting people into the community that really don't have any interest in our community to dock their boats. They have a right to dock their boats, but we're saying that you -- that's going to create a traffic condition on Third Street, and these boat docks are going to create an unsightly thing that we don't appreciate. Thank you. MS. FILSON: Dennis Santos. He will be followed by John McCrohan. CHAIRMAN HENNING: Mr. McCrohan, if you'd come up and stand by the next -- or the speaker before you, we can speed up and get some of the speakers in on a timely basis. MR. SANTOS: Good morning, if it's still the morning, I'm not sure. My name is Dennis Santos, I am the president of the Bonita Shores Boating Association, and our association is right in this little area right here. It was donated to -- CHAIRMAN HENNING: Sir, you have to be by the mic. MR. SANTOS: Oh, I'm sorry. It was donated by the Walker family to the association back in the Seventies, I guess, Sixties. We Page 55 Agenda Item No.7 A September 13, 2005 Page 51 of 74 September 9, 2003 are a volunteer board of directors, and we're appointed by boating association members. I'd like to say that this has been difficult for all of the board members, because we have friends in the boating association, and we are very concerned about everything that's been brought up today, by the traffic, the commercialization and all that other stuff. We have petitions, basically 45 people have signed. I'd like to leave these with you folks, if I may. Those are signed by members of the boating association. And I believe there's 45 signatures there, and we have approximately 70 members. COMMISSIONER FIALA: Are they for or against? MR. SANTOS: They are against it. They are against it. As the boating association, we're really concerned about the impact it would have on our land, because we are -- you know, we try -- we maintain that land fairly well, and we're just really concerned about the parking, the street activity, if it does get to the point where everybody is buying up these lots and installing boat docks. From what we understood, that Mr. Davy -- and which it wasn't brought up and correct me if I'm wrong. MR. MUDD: If you do it over here, please. MR. SANTOS: I'm sorry. I'm not used to this. He -- the one he's mentioned is the one that is on the bay side, but we also understand that he owns -- I think the bay side, that green right there, the bay side. He also owns two lots on the bay. Now, I guess this kind of brings to the -- the question to some of the boating association members is that why would one individual want to own three lots totaling 150 feet of dock space out into the water, total of six boats? And I guess the questions are just something that have to be answered. Mr. Allen has approached me, and Mr. Allen -- I think he's -- he has said to me that he's almost sorry that he ever got involved with this because what's happened is is that I guess because of some of Page S6 Agenda Item No.7 A September 13, 2005 Page 52 of 74 September 9, 2003 these canvas violations, he has now brought -- he has now some code enforcement issues that he has to deal with. So to wrap it up, t"'e boating association thinks that you ought to vote no. That is the bottom line for us. And I thank you very much for hearing it. If you have any questions, I can -- CHAIRMAN HENNING: Any questions by the members? (No response.) CHAIRMAN HENNING: No, sir. Thank you. MS. FILSON: The next speaker is John McCrohan. He will be followed by your final speaker, Doug Fee. MR. McCROHAN: I'm going to read real quick so I can maybe take a little bit less of your time. I would like to thank the commissioners for an opportunity to speak and be heard on the variance before you. I am here to represent myself, John McCrohan, and my wife Cheryl Lewandowski on this issue. We are 13-year residents of Bonita Shores and we also own a boat dock lot down there in Little Hickory Shores. Weare aware of what this variance is about and what is being asked of the Commissioners. My wife and I have always considered ourselves as being interested and active in the community. For the past six years my wife has served as the secretary/treasurer of the boating association and is now the president of the Bonita Shores and Little Hickory Shores Improvement Association. Because of this, it has been brought to our attention that there has been much misinformation given to the Bonita Shores and the Little Hickory Shores community. We have had many calls to our home to ask about the allowance of a variance to allow a marina on Third Street with 50-foot commercial docks and boathouses. We have tried to explain to our neighbors that there is no marina being proposed, that these boat docks are non-commercial private use facilities only, that the only reference to 50-foot docks is the Page 57 Agenda Item No.7 A September 13, 2005 Page 53 of 74 September 9, 2003 limitation of how far the proposed boathouses can protrude, and that these boathouses have no walls, just a roof, I believe that there has been an effort to misinform and unnecessarily alarm the community about this variance in order to gain petitions for the opposition against it. As a long-standing member of the community and as a voting members of the boating association, I have not been offered the opportunity to sign a petition for or against this variance, even though I have made several requests. Many of the petitions against this variance have been obtained through misrepresentation, and the -- many of the opponents of this variance are in fact the greatest offenders of the county ordinances and density impacts in the community. The variance only asks that the boat dock owners be able to protect their boats and be afforded the same rights afforded all other water property owners in Collier County . I hope the Commissioners' good judgment will not be swayed in the face of the rhetoric brought before you that has nothing to do with this petition. And if I may, just a quick few things. One, why would you want two boats? Well, I like my stinky fishing boat. My wife does not want to take my family or her family out on a stinky fishing boat. So, therefore, she wants her pontoon boat. Two boats. You have a three-car garage, you may not have three cars. People say 50-foot docks. If you look at my dock, the first 13 feet of it are on land. You do not touch the water for the first 13 feet. Therefore, I have a 50-foot dock. It does not go 50 feet into the water, it just allows, according to the erosion of that property, to get a 21- foot boat in the water. During certain times of the year you can walk out on the sand, from the land out on the sand about another 10 feet. So is the variance -- it is by each lot and makes a difference. And the county Page 58 Agenda Item No. 7 A September 13, 2005 Page 54 of 74 September 9,2003 takes all of this into account. And that's why we have not one survey as to the size of the lot, but we have several surveys by different surveyors for mean high water and how deep the water are (sic) for each lot and each petition dock. A zero lot line. The reason this was granted was that we could have lifts. As many people say, gee, we can't have zero lot lines. Well, my lot is 30 feet wide. I have a four-foot dock. I cantt have two 13-foot slips, which is standard, I had to cut one down to 12 foot. So now I have two lifts to hang the two boats, which is a launching facility. I launch my boats off of those lifts. There is a lot of misunderstanding, I think, and a lot of the neighborhood has been come up in arms. You speak of a lot of these petitions against. Even Mr. Santos says he has 45 out of 70 plus members. I don't believe that he has the support of the voting membership. I am a voting member, I have not been offered this petition. I have asked for one and not been offered. And I think that there is a lot more than meets the eye here. I think there are a lot of people who have boathouses and have canopies but don't want anyone else to have them. Not everybody down there -- not everybody down there does not live in the neighborhood. I do, and so do several others. CHAIRMAN HENNING: Thank you. MR. McCROHAN: And one other thing, if I may add, as far as will the roofs go roof to roof to roof, I don't believe that every house that's on the water in Collier County will build a boathouse. I don't believe everyone who owns a lot down there -- CHAIRMAN HENNING: Thank you. MR. McCROHAN: -- will build a boathouse. I don't believe everyone will paint their house pink at the same time. Thank you. MS. FILSON: Your final speaker is Doug Fee. MR. FEE: Good morning, Commissioners. For the record, my name is Doug Fee. I'm president of the North Bay Civic Association, Page 59 Agenda Item No. 7 A September 13, 2005 Page 55 of 74 September 9,2003 which includes the area of Bonita Shores and Little Hickory. We have several of our members who live in this area. The mission of the North Bay Civic is to preserve our Florida coastal lifestyle. I won't repeat all the specifics of the variance being asked today; however, I wanted to point out on the visualizer, a picture is worth a thousand words. And I have in front of you, with all respect to the Port Royal community, a picture of zero lot line boathouses. Many of you will remember several years ago there was a fire that occurred. And, you know, I'm seeing a parallel here as far as this community, And at the planning commission I spoke and I showed this picture; it went into the public record. And a couple of the commissioners on the planning commission tried to make a motion, I believe, to limit the zero lot line to somehow bring in so that we wouldn't have roof to roof. And so that was one of the things that they discussed. So I'm here showing you that there is an example here in the county of zero lot line boathouses, and that is what we see along this shoreline. Also, I might mention, with this shoreline being -- it's not consistent. You'll have 50 feet -- you know, so it's going to be boathouses that are varied and so it's going to look different than this picture in front of you. That's my point, and thank you very much for your time. CHAIRMAN HENNING: Thank you. Mr. Y ovanovich, you know, rebutting all the remarks from the speakers, I'm not sure if it's necessary. So maybe you want to just represent some facts so the board can hear your input. MR. yav ANOVICH: I'll just hit a couple highlights. I don't want to rebut everything. One, I'll let your county attorney address the process. I'm assuming if the process was flawed, we wouldn't be here today. So I'm assuming the county attorney's office has agreed with the Page 60 Agenda Item No. 7 A September 13, 2005 Page 56 of 74 September 9, 2003 process. . I didn't realize you could have a canyon effect when you only have IS-foot buildings, so I thought that was an interesting comment. We are -- I don't know how to make this any clearer, we are not asking for a boat dock extension today. Weare simply asking for the right to come and ask for a boathouse. And we still have to meet the boat dock extension criteria, one of which includes impact on view. We're not asking for a waiver of that requirement. To show you that ordinary people do in fact own two boats, Mrs. Maggio has two boats at her house and I'm assuming they're both hers, and she does have a boathouse. So if we're opposed to boathouses, I think we ought to just go ahead and take that boathouse down and show the community that she truly believes that boathouses are bad things. There are others in the area -- CHAIRMAN HENNING: I don't know if that's necessary. Just give us the facts, please. MR. YOV ANOVICH: Okay. Well, I guess the reaction was is people are saying we don't want boathouses and the people who are saying that own them. And I think that's the point I was trying to make. I apologize if it came across a little stronger than that. But this has turned into -- I'll leave it at that. Mrs. Maggio pointed out that code enforcement does work. There have been people who were cited for illegally renting boat docks, so your code enforcement staff is handling the situation. We've already addressed the commercialization. This is not a commercial marina. The traffic is going to come there to serve those boat docks anyway, because there's still going to be boat docks. We're just talking about a cover to the boat dock. It doesn't affect traffic and it doesn't affect the number of boat docks that are going to be out there. And finally, you know, the Bonita -- the Bonita Shores Boating Page 61 Agenda Item No.7 A September 13, 2005 Page 57 of 74 September 9, 2003 Association; or Boat Association, I may have the title incorrect -- candidly is the biggest traffic offender because their members come to their launching facility and park there and they come there and there's more members and users of that boating facility. So a lot of the traffic issues are related to one of the associations that are complaining. We do have a land-related hardship. Mrs. Maggio pointed out that I overestimated the size of the lots at 40 feet. They're smaller. They're 30 to 35 feet. They're small and they can't have a principal structure. I don't know what other land-related hardship you can have when it involves the particulars of a boathouse because you have to have a principal structure and you have to meet the setbacks. They're too narrow. I can testify to all those pictures. I've been on that waterway, I have seen all that. My testimony is evidence. I don't know that there was any other evidence presented contrary to what I stated. And we need to focus on the criteria, not issues related to a boat dock extension, not issues related to traffic, not issues related to commercialization. Because frankly, none of that is applicable to what we're asking for. And if you have any questions of me, I'm happy to answer it. . CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I'm a little confused here. What staffhas given me is an objective here, and it says the petitioner requests a 15- foot variance from the required 15- foot required side yard setback for a boathouse to 0 feet to 30 feet variance from 20- foot maximum protrusion from the boathouse to a maximum of 50 feet. MR. YOV ANOVICH: Correct. COMMISSIONER HALAS: For the boathouse lots, which cannot support a single-family home. But you just said that you didn't want the extension, but yet in this information here, it says a Page 62 Agenda Item NO.7 A September 13, 2005 Page 58 of 74 September 9, 2003 maximum of 50 feet. MR. yaV ANOVICH: Let me explain that to you, okay? What they're saying is that if a boat dock extension is granted for 75 feet, you can't have a boathouse go out more than 50 feet. That's what the 50- foot limitation is on. COMMISSIONER HALAS: Fifty foot into the water. MR. YOV ANOVICH: Into the water, correct. If you get a boat dock extension for 70 -- let's say 100 feet, you couldn't come in and ask for a boathouse at the end of that dock. So that lot, by definition, could not have a boathouse. Now, regarding the side setbacks, if the lot is 30 feet wide and you have 15 feet on one side and 15 feet on the next side, that's 30 feet. You have a zero house. COMMISSIONER HALAS: The other question I have, I do a lot of boating in this particular area, and I can assure you that the only way that I can get back over here to the Back Bay Marina to pick up fuel or go to the fish house, is I have to run my -- as it stands right now, I have -- when I take my boat out, I navigate as close to those docks as possible, because that's where the deep water is. You go to the north of this area and you run into shoals. MR. yaV ANOVICH: And Commissioner Halas, that is also something that will be addressed when someone asks for the boat dock extension, how far out can they go, and will they impede the traveling boat traffic. And if they will, they will not get a boat dock extension. CHAIRMAN HENNING: Okay, any further questions? Commissioner Coletta? COMMISSIONER COLETTA: Yes, if I may, I'd like to address this question to our county attorney. MR. WEIGEL; Thank you. COMMISSIONER COLETTA: Mr. Weigel, was there anything here in this process of asking for this variance that gave you concern? Page 63 Agenda Item No.7 A September 13, 2005 Page 59 of 74 September 9,2003 MR. WEIGEL: No. Mr. Y ovanovich is correct that their petition has come through the process properly, and they have provided, as -- in their submittal that which is required under the Land Development Code. If I may comment, Mr. Pires has indicated that he felt that there was information that wasn't provided that may, in prior submittals of a similar nature for a variance, have been provided to the Board of County Commissioners or the planning commission, which assist them in making their determination. That information is not required under our code and, therefore, is not a deficiency in allowing the petition to go forward. Mr. Y ovanovich has, in responding to the most recent questions, has again stated, and correctly, that there is a petition process that goes forward with the planning commission, I believe, in regard to the length of extension that may come to be requested at some future point, and it will most expectedly have all of the issues relating to depth of water, relating to the appropriateness of the length of extension request, and that that is not a question that's actually formally before you today in regard to testimony of depths of water and things of that nature. They have discussed, the petitioner requests, the ability to construct, and the placement of a boathouse in regard to the extension that may occur would come at a later time and have some limitations based upon what you would provide today, if you were to approve the variance. You've had discussion in regard to whether there is a hardship related to the land or not. That is a decision that you have in every variance petition that comes before you. Is there -- is it a property owner created hardship or is it a hardship that, as we say, runs with the land, appears as part of the facts of the property that exist? You have on the record from various testimonials made here Page 64 Agenda Item No. 7 A September 13, 2005 Page 60 of 74 September 9, 2003 that the property has limitations, it does have some use that is allowed for it presently, it cannot -- although it's within an RS-4 zoning area, it is of too small dimension to support residential and other principal uses for that parcel. There have been -- the board, as Ms. Maggio and others have pointed out, have approved certain uses related to launching of craft into the water. Those pertain to these properties today. And I think that's my summary. CHAIRMAN HENNING: Thank you. Any other questions? COMMISSIONER COLETTA: No, just a comment, if I may. I was very pleasantly surprised about how code enforcement's been actively involved in that area, when I seen that list of violations. And regardless of what the outcome of this Commission's decision will be, I hope that they continue that effort. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yeab, I'll just make a comments also. CHAIRMAN HENNING: We'll close the public hearing, if there's no further questions of staff. MR. YOV ANOVICH: Oh, youtre done? I didn't hear that, I'm sorry . CHAIRMAN HENNING: Well, we haven't -- haven't closed the public hearing. But if we don't have any questions of staff or the petitioner, then we can --let's close the public hearing and make our comments and formulate a motion. Entertain to close the public hearing. Any objections? (No response.) CHAIRMAN HENNING: Seeing none, the public hearing is closed. Commissioner Fiala, thank you. Page 65 Agenda Item NO.7 A September 13, 2005 Page 61 of 74 September 9, 2003 COMMISSIONER FIALA: Thanks. I'm really wrestling with this. One of the reasons is because we're trying to encourage boat access, and we find that there are less and less areas where people can park their boats -- I dontt know what the proper word is. CHAIRMAN HENNING: Moor. COMMISSIONER FIALA: Moor their boats. I'm not a boater. And yet we try and protect property rights. Everybody on this -- on these 33 lots already has a right to build a dock, from what we've heard today. They have a right to have two boats on each dock, while at the same time they are prohibited from renting them. Obviously not everybody has taken that prohibition seriously, but they are prohibited to do that. We want to protect these people in the area by not encourage -- or by prohibiting -- let me use that word strongly -- by prohibiting any marinas or any commercial activity whatsoever. Yet at the same time I'm putting myself in the people who own these lots' shoes. And I'm thinking, you know, if I had a boat dock, I would sure like something to cover my head and just to protect me while I'm cleaning my boat, while I'm cleaning my fish, whatever it is, and to protect the boat itself and possibly lift it out of the water so that you can protect the engine. I took a look at the boathouses up close and personal. I wanted to just see with my own eyes. Actually, I didn't find them offensive. A lot of them were shrouded by all of the mangroves that are there already. And so I'm having -- I'm really wrestling with I want to protect these people's right, but I think we can put limitations on these boathouses. All they're doing is requesting boathouses now, they're not talking about docks or anything. We can put limitations as far as rentals, marinas and commercial activities, as well as the structure itself, and maybe we can come up with a compromise for both sides here. Page 66 Agenda Item No.7 A September 13, 2005 Page 62 of 74 September 9, 2003 CHAIRMAN HENNING: Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: You know, this, in my opinion, is not an issue of boat access. The boat access will occur whether there's a boathouse and a boat cover or not. The problem I have here is that the fundamental principles which lead us to allow boathouses for single-family residents are substantially different when you're talking about a boat lot that is not -- does not have a principal residence, and is substantially narrower than a principal residence. And to summarize that essentially, I'm saying that I believe it's necessary to have different requirements for a lOO-foot wide lot rather than a 30-foot wide lot. So I think there are reasons why these smaller lots should not have the same privileges that a larger residential lot might. But in fact, the rights of these property owners has been extended by prior commissioners to include rights which don't exist for anyone else, which is zero lot line construction. I think the owners of these lots are very fortunate to have the lots in a place to launch their boats. I think it's a good thing. But I think if you push the envelope too far, you might lose some of those rights. And I think the envelope has been pushed about as far as it needs to be pushed, quite frankly. I think the zero lot line issue was probably a mistake by a prior commission, and to compound that by permitting the construction of either soft covers or hard covers and line them up along a shoreline in this manner in the midst of a residential community leaves the impression of a commercial marina sitting right there in the middle of this community. I'm a boater too, and I've been out there and I've spent time looking at these things, and the people have some pretty nice docks there. And that's good. But I don't have a boathouse. I've had the Page 67 Agenda Item No.7 A September 13, 2005 Page 63 of 74 September 9, 2003 boat there for almost 10 years. I don't have a boat cover -- a cover over the boat. I have a boat cover that protects my boat. Boathouses are no longer even permitted in all of the City of Naples, nor are boat covers of any kind. There are thousands of people who have boats and they do not have covers over their docks, and they survive quite well, and they launch their boats quite well, and their boats survive. So I have to tell you that I'm not excited about continuing this progression of variances which started back some years ago. I think it's gone as far as it should go. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I concur wholeheartedly and I feel the same way, that I think boathouses have gotten to the point where they're getting out of hand. And I hope some day that we can change the codes accordingly. I also look at these lots that -- again we're affording the ability here of the people that own those lots to build docks in current standards that's available to them, and I don't feel that we need to push the envelope any farther, as Commissioner Coyle said here. But I think also, this is just a tip of the iceberg in regards to what this county is faced with in the upcoming years with access to the waterways. I think this is just the start of what we're involved with as we find that land values near the water increase in value to the point where we lose a lot of these precious marinas, whereby people could store boats and keep them covered in commercial storage. I'm doing everything possible to ask individuals that presently have any type of marinas to try to expand on that so that we can have additional boat storage. So I think this is only just the beginning. And I also look that this is a residential area, and if you look at what they have there, they have a nice home and they have a boat dock and possibly a boathouse in the back of their yard, which is Page 68 I- i Agenda Item NO.7 A September 13, 2005 Page 64 of 74 September 9,2003 afforded them through the codes as they presently are in the community . But when you look at a lot that's strictly defined as a boat lot, I have to go along with Commissioner Coyle, that where this lot is strictly a boat lot, they should not have the same requirements or they shouldn't have the same requirements as somebody with a house. So that's where I stand on that. CHAIRMAN HENNING: Okay, great. I'm going to ask for a motion here, and then before I do that, I just want to give my two cents. . This is an accessory use to a principal structure. There is no principal structure. If the property is assessed as residential property, there is no resident there, accessory use, how can we approve this accessory use? Just like if I had a lot in Golden Gate Estates, can I put a garage up there without putting the house up? I can tell you that I would catch holy heck by neighbors around there if I tried to do that. Couldn't get a permit. And can you imagine trying to get a variance? What would it look like, a commercial operation for storage? COMMISSIONER COYLE: Put it on your neighbor's lot. His garage is on your -- . CHAIRMAN HENNING: His shed is. That's where the property appraiser's lines are. But anyways, with that I'll entertain a motion. COMMISSIONER HALAS: I entertain a motion for denial. CHAIRMAN HENNING: Is there a second? COMMISSIONER COYLE: I'll second. CHAIRMAN HENNING: There's a motion by Commissioner Halas, second by Commissioner Coyle for denial. Any discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by Page 69 Agenda Item No.7 A September 13, 2005 Page 65 of 74 September 9, 2003 saymg aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER COLETTA: Opposed. CHAIRMAN HENNING: Commissioner Coletta opposed. We have an agreement with our court reporter to give her a break every so often. I think this is the so often. So let's take a five-minute break. MR. MUDD: Commissioners, if you may, I'd like to jump to lO(E) after the break. CHAIRMAN HENNING: Sure. MR. MUDD: After that item we can start the Parklancls issue. CHAIRMAN HENNING: Okay. (A short recess was held.) CHAIRMAN HENNING: Everybody take their seats, please. Weare moving on to -- MR. MUDD: Item lO(E). Item #lOE APPROVING DONATION AGREEMENTS AND ACCEPTING W ARANTY DEEDS FROM OLDE CYPRESS DEVELOPMENT, LTD., FOR OLD CYPRESS UNIT ONE, TRACT R-3, TRACT 0 AND A PORTION OF TRACT R-l FOR THE PURPOSE OF FUTURE RIGHT-OF-WAY TO BE KNOWN AS LOGAN BOULEVARD NORTH AND TO APPROVE A LANDSCAPE MAINTENANACE AGREEMENT WITH OLDE CYPRESS DEVELOPMENT. (NORMAN FEDER, ADMINISTRATOR, Page 70 Agenda Item No. 7A September 13, 2005 Page 66 of 74 March 16~ 2004 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Boathouse Workshop Board Meeting Room E, 3 rd Floor, Administration Building 3301 Tamiami Trail East, Naples, FL 34112 9 o'clock a.m., March 16,2004 LET IT BE REMEMBERED, that the Collier County Board of County Commissioners, in and for the County of Collier, having conducted business herein, met on this date at 9 o'clock a.m., in WORKSHOP SESSION in Board Meeting Room E, 3rd Floor, Administration Building, 3301 Tamiami Trail East, Naples, Florida, with the following members present: Chairman: Donna Fiala, Chairman~ District 1 Fred W. Coyle, Vice Chairman, District 4 Frank Halas, Commissioner, District 2 Jim Coletta, Commissioner, District 5 Absent: Tom Henning, Commissioner, District 3 Collier County Staff: Joe Schmidt, Administrator Community Development and Environmental Services; Susan Murray, Ross Gochenaur, Zoning and Land Development Review; Brad Shiffer, Planning Commission, Dwight Richardson, Planning Commission Page 1 Aqenda Item No.7 A September 13, 2005 Page 67 of 74 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ WORKSHOP AGENDA March 16, 2004 9:00 a.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Chairman, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WIDCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 1 March 16, 2004 Agenda Item No.7 A September 13, 2005 Page 68 of 74 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. I. StafI Presentation/Overview of Boathouses 2. Code Enforcement Update - Canvas Boathouse Covers 3. Public Comments 2 March 16, 2004 Agenda Item No.7 A September 13, 2005 Page 69 of 74 March 16, 2004 The Collier County Board of County Commissioners, Boathouse Workshop meeting was called to order Tuesday, March 16, 2004 at 9:00 a.m. by Commissioner Coletta. The Pledge of Allegiance was said. An announcement was made that Frank Cavork, the Big Corkscrew Fire District Chief passed away. He was a dedicated public servant. He did great stuff for the community, his fire district, and it will be a tremendous loss for this community. 1. Staff Presentation / Overview of Boathouses Ross Gochenaur, Zoning and Land Development Review - gave the LDC definition of a boathouse as "roofed accessory used to a residential structure adjacent to a waterway, open on all sides, and providing covered protection to a boat and accessories". It is basically utilitarian. Prior to 1996, boathouses were approved administratively. In 1996 the board directed that it be made a conditional use. This only lasted for a little less than a year. During that time, there were only five (5) boathouses approved In 1997, the board directed that a petition be presented to the Planning Commission. At this time, criteria was developed to try to control boathouse approval. Those criteria are basically the same that are in place today. Mr. Gochenaur listed the criteria, and showed slides of boathouses that were approved, after-the-fact approval, legal nonconforming, permit status uncertain, or illegal. Since the code change in 1997, changing to petition under current criteria, eighteen (18) boathouse petitions have been approved, and one (1) denial. The question of prohibiting boathouses in the county was primarily a response to concerns of the property owners in the Vanderbilt Area. Their concerns are impact on view, impact on property values caused by perceived degradation of view, and aesthetics. The proposed action is to prohibit boathouses as a permitted accessory use in Collier County. Similar bans were imposed in Naples and Marco. Naples banned boathouses in 1967. They currently allow what is called a boat shelter, which is a cover an inset boat slip. There are very few of these boat slips in Collier County and getting new inset boat slips in problematic, depending on the permitting agencies involved. According to today's code, if you had such a slip and you wanted to put a cover over it, that cover would have to meet the setback for the principal structure, which would really be prohibited in most cases. So practically speaking, these aren't really a consideration in Collier County. Marco banned boathouses in 1998 with the concerns of obstruction of view and general aesthetic considerations, becoming unsightly as they deteriorate, and failure of poorly built or aging structures in bad weather. The last two (2) are pretty much the responsibility of the property owner and that can be applied to any structure. The county doesn't particularly like unsafe structures, whether they are garages, sheds, or Page 2 Agenda Item No. 7 A September 13. 2005 Page 70 of 74 , p- March 16~ 2004 boathouses. The existing development criteria for boathouses focus on the impact on view and aesthetics. They also provide guidance for property owners who want to construct boathouses. The physical placement and the construction are addressed. They are entirely objective criteria as they stand now. They provide directions for creating a boathouse design that would meet code. They enable the planning commission to adequately evaluate each application. They limit appeals of decisions of the planning commission that could be based on allegations that their decisions weren~t based on competent and sufficient evidence. They can avoid potential1itigation if the appeal were denied by the board. There is the obligation to tell property owners what they need to do. Control of view and aesthetics by setback, protrusion 1imit~ height limit~ limiting the number allowed on the property~ prohibiting enclosure, roofs must match the roof to the house or be chickee, and by siting the boathouse so that it has the minimal impact practical on adjacent property owners. The impact of a countywide ban would limit the ability of property owners to protect valuable property. The boats are valuable. The boathouses are practical. The ban would also render existing boathouses legally nonconforming. Alternatives were considered, none of which were particularly appealing. There is the possibility of limiting it to a specific area through a zoning overlay, but an overlay that addressed a single accessory structure would probably not be desirable. Limiting roof area was considered, but since the view of the boathouses from the side, the actual roof area in terms of square feet doesn't have a great impact on the view and wouldn't make a great difference. Restricting boathouses to lots that have a certain amount of waterfront was considered, the larger lots would be allowed to have boathouses and the smaller lots would not. The Vanderbilt Beach area has relatively large lots and the zoning district requires a minimum of eighty (80) feet and the platted lots are larger. The end result was that if they tried to ban on the base of waterfront footage, the only place that boathouses would be allowed, in the entire county would be Port of the Islands. Current status, the Land Development Code allows a boathouse to be completely built within the original envelope and the original dimensions. Alternatives to the Current Code Treatment of Legal Nonconforming Boathouses are that we can prohibit reconstruction and repairs entirely. We can allow reconstruction and repair with administrative approval, or we can allow them with Planning Commission or Board of Zoning Appeals approval. Charlotte and Lee County don't control boathouses, or have no ban on boathouses. The City of Marco and the City of Naples do. In Naples, reconstruction of existing boathouses is simply not addressed, which Mr. Gochenaur takes to mean that it is not permitted. Marco allows reconstruction of boathouses in stages, if you had a building permit to begin with, you can apply to the Zoning director or the Planning director for permission to do it. If there is a building permit, but no certificate of completion, it would require Planning Commission approval. If there is no building permit, then it requires the approval of City Council as well as the Planning Board. Page 3 Agenda Item No.7 A September 13, 2005 Page 71 of 74 March 16, 2004 We need your guidance on the following: Prohibit Boathouses or eliminate boathouses, or both Prohibition would be no new boathouses Elimination would be removal of existing boathouses as well Aspects to consider here: Should they be grand-fathered in or Consider amortization For existing structures, what would be the build back policy Would this be a countywide basis or Apply this to specific areas Commissioner Donna Fiala - Isles of Capri has more boathouses than any other place in the entire county, even combined, and it has never been a problem on Isles of Capri. Commissioner Fiala would like to talk to the people that live on Isles of Capri before there is any decision made. That would greatly affect that community and the property owners are happy the way they are now. Commissioner - has tried to get a response from people in his district, positive or negative. He expressed concern about this being countywide, and is inclined to agree with Commissioner Fiala. This appears to be a problem that is inherit to the coastal area, Vanderbilt Beach. On overlay in the Vanderbilt Beach Area, and in District Two (2), that would include Bonita Shores was suggested. Commissioner Fiala would support this. Commissioner Coyle - If Commissioner Halas believes that his community would like to eliminate these, Commissioner Coyle would be happy to support him on this, but would be reluctant to a countywide ban without speaking to the community of Haldeman Creek. The issue in Vanderbilt Beach has been clearly defined. It is not the first time that it has been presented to the Board of County Commissioners. Pubic Speakers: Susan Stime -lives in Vanderbilt Beach area, officer of the Vanderbilt Beach Property Owners Association. Ms. Stiffle spoke of pictures that sbe had taken in the neighborhood recently, most of which were seen in the Power Point Presentation. Ms. Stime has counted twenty-one (21) boathouses with covers. Ms. Stiffle stated that there are tons of code violations in the neighborhood. A lot of the boathouses in Vanderbilt Beach area are Page 4 ,.......,., Agenda Item No. 7 A September 13, 2005 Page 72 of 74 March 16, 2004 a safety issue. A lot of the existing structures have no connection to current Hurricane standard construction. The canvas tops are an issue. Ms. Stiffle counted twenty-one (21) in her neighborhood and didn't do all the canals in the neighborhood Supposedly, none of those have a permit, because they are not legal. People are abusing the privilege of the boathouse. That is pure and evident. Ms. Stiffle would support Frank's proposal of having an overlay in District Two (2) ,to ban the boathouses, but also need to consider grand-fathering in conforming boathouses and ones that could possibly be made conforming. Chris Carpenter - Vanderbilt Beach Resident and Director of Vanderbilt Beach Property Owners Association. BJ. Boyer could not be present at the meeting. Ms. Carpenter read a letter from Ms. Boyer. Doug Fee - about six months ago, in the North Bay area, there was a companion petition that came forward. There were approximately twenty (20) boathouses addressed on this petition. In that petition, there were rootlines that were brought out to the property line, a zero lot line. This was brought to the BCC. The petition was ultimately turned down. Mr. Fee is here to support the thought of eliminating for the future. Brad Shiffer, Planning Commission - the evolution of the code that sets up the criteria that we have to look at in order to make the decisions on each of these submissions, has evolved in a very tight manner, to that point that by the time Ross gets through with the application and gets the material in front of the Planning Commission, there is little degree of freedom to do anything except what has been submitted. They have taken out most of the subjectivity. When the Planning Commission hears the submission, the petition, the neighbors show up and share their objections. There is a hardship of figuring out how to be responsive to public concerns and yet apply the code in an even-handed manner. As Ross pointed out the Planning Commission has only succeeded in one case, where it was so egregious that they were able to site the health, safety and welfare rules to get it turned down. For the most part, the Planning Commissions hands are tied. This may not be the best idea for the entire county. Mr. Shiffer would support an aborting recommendation and get out of this mess. A maximum width of forty (40) to fifty (50) feet was suggested. Commissioner Jim Coletta - District five (5) will not support this. Be site specific. He does not feel that there is a problem., and is for the code that is there right now. Commissioner Fiala - clarified what Commissioner Coletta stated. What is wanted for the Vanderbilt area is great; just leave the rest that don't have a problem at all. Page 5 Agenda Item No.7 A September 13, 2005 Page 73 of 74 March 16, 2004 Commissioner Coyle - asked Commissioner Halas if he would like to also have limitation on the sizes of the boathouses included in the overlay of District 2. Commissioner Halas - Yes. 50 feet or less would be acceptable. Commissioner Fiala - asked Commissioner Halas ifhe would like this to pertain to all of District 2 or just specifically Vanderbilt Beach and Hickory Shores. Commissioner Halas - anything west of US41 in District 2. Rebuilding would be that people that presently have boathouses that are conforming to the existing code, they would have the ability to build back, but the ones that nonconforming should not be built back or be very difficult to get any type of permit. Commissioner Fiala - The ones that are nonconforming because of the roof isn't the same as the house, would you then allow them to put the new roof on or you have them tear it down? Commissioner Halas - If it is nonconforming, then ifs not within the criteria of present code, so yes. District 2, west of US 41 : Existing nonconforming structure, a build back policy, if the structure needs to be built back more than fifty percent, it will need to be tom down. Fifty percent or less can be built back under the conforming codes that we presently have. It was also suggested that if the existing structures are nonconforming, regardless of the percentage, they will not be allowed to build back. Commissioner Fiala - The 50 feet the limit for the boathouses would not come into play iftbere were a ban on the boathouses. The rule for nonconforming boathouses can be changed so that if fifty percent or more of the roofis destroyed or it needs to be reconstructed, you will be denied a building permit. Once the boathouse is gone, you may not build it back. Commissioner Fiala - Notification through newsletters to inform the community what kind of rules are being proposed. A property owner that doesn't have the right roof color on their boathouse might be in opposition to this. Page 6 I .- Agenda Item No. 7 A September 13, 2005 Page 74 of 74 March 16, 2004 ....... There being no further business for the good of the County of Collier, the meeting was adjourned by the order of Commissioner Donna Fiala. A TrEST: DWIOliil1'"f'JROCK, CLERK ~~;;~~~ ,-.(:2J,t!-- ...... OI);J~'- TheSemmut~appr~ved by the Board on ,V'~~ y , as presented ~ or as corrected Jo. Page 8 Agenda Item No. 78 September 13, 2005 Page 1 of 36 EXECUTIVE SUMMARY Petition: V A-2004-AR-6449: Ashley Doctors, property owner, represented by Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A., requesting a variance for a 4.98-foot encroachment into the 20-foot required rear setback for a swimming pool and screen enclosure leaving a 15.02-foot rear yard on a waterfront lot. The subject property is located at 149 Flamingo Avenue, in the Conners Vanderbilt Beach Estates Subdivision, Unit 3, Lot 25, in Section 29, Township 48 South, Range 25 East, Naples, Florida. OBJECTIVE: Staff is requesting that the Board of Zoning Appeals (BZA) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Variance petition and render a decision as the Board of Zoning Appeals regarding the petition pursuant to LDC Section 4.02.03.A.3. CONSIDERATIONS: The Land Development Code (LDC), defines, Yard, waterfront, as "'the required open space extending along the entire waterfront property with depth measured from property line, bulkhead, shoreline, seawall, mean high water mark, access easement, whichever is the most restrictive." In this instance the seawall is the most restrictive and therefore all measurements are based on that location on the property. For residential lots that are waterfront lots, the LDC requires a ten-foot rear yard setback when the swimming pool deck does not exceed four feet above the top of the seawall. For the subject property the swimming pool deck is eight feet above the seawall, and therefore requires an increased 20- foot rear yard setback for the pool deck and screen enclosure. Upon the subject property the pool deck and screen enclosure are set back 15.02 feet from the seawall, and thus the petitioner is requesting a 4.98-foot variance from the required 20-foot rear yard setback. The swimming pool was issued a building permit from Collier County on May II, 2000. The permit for the swimming pool enclosure was issued by Collier County on November 6, 2000. All required spot surveys were passed; the swimming pool and screen enclosure were constructed in accordance with the approved building penn its and all inspections were passed and ultimately Certificates of Completion for the swimming pool and the screen enclosure were issued on December 14,2000. The current property owner closed on the property on December 15, 2000. On October 17, 2003, the property owner received a Notice of Violation (NOV) from Collier County Code Enforcement notifying the property owner that the screen enclosure and swimming pool violate the rear yard setback requirements. The NOV has initiated this variance request. The builder of this home followed all County procedures and was issued permits and a Certificate of Completion, and then sold the home to the current property owner, who is now requesting the variance. The property owner purchased a home which by the County's approval of the permits and Certificate of Completion met all County standards, however the property Executive Summary 6449 Page 1 of 3 - Agenda Item No. 78 September 13, 2005 Page 2 of 36 owner is now being told that the home does not comply with County standards and must either be granted the variance being requested or remove the violation. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan (GMP), therefore there is no GMP impact associated with the variance request. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. LEGAL CONSIDERATIONS: The Board of Zoning Appeals must utilize 8 criteria in considering a variance petition. See professional planning staff analysis of the petition using the relevant criteria set forth in the Land Development Code. This analysis appears on pages 6 through 9 of the Staff Report labeled as Exhibits B and summarized below. Staffs analysis of the criteria found that there was support for the request in the analysis of four of the eight criteria in LDC Section 9.04.03: The variance proposal must be consistent with the Growth Management Plan. See professional planning staff analysis of petition using relevant plan objectives, policies, and provisions of the Land Use Designation Description Section. This analysis appears under the heading titled "Growth Management Plan Consistency" of the Staff Report on page six. It must be understood that the Staff Report and Executive Summary are part of the picture. There will be evidence presented by the petitioner and members of the public at the hearing on this item that the Board must also take into consideration as that testimony relates to growth management plan consistency and the 8 standards for consideration for the variance. The Board of Zoning Appeals may impose reasonable stipulations, safeguards, or restrictions upon the variance. These stipulations, restrictions or safeguards include those necessary to protect adjacent or nearby properties from any adverse impacts of the variance. A simple majority is required to approve a variance. Executive Summary 6449 Page 2 of 3 Agenda Item No. 7B September 13, 2005 Page 3 of 36 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the July 7, 2005 CCPC meeting. The Commission motioned to forward petition V A-2004-AR-6449 with a recommendation of approval subject to staff conditions of approval. The motion passed by a vote of 4 to 2. Those members in dissent did not clarify their reason for not supporting the petition. Because two CCPC members voted in opposition to the variance request, this petition could not be placed on the summary agenda. SUMMARY: Staff has analyzed the guidelines associated with the variance request, and has determined that there is a land-related hardship associated with this variance which has contributed to the applicant's need for a variance, the raising of the lot to obtain FEMA compliance and the desire for the pool and lanai to be at grade with the primary structure stand as contributing factors in the applicant's need for a variance. Additionally, there are several ameliorating factors. These factors include: County staff approved all permits that showed incorrect setbacks and the spot survey that also showed the incorrect setback. The contractor then proceeded to construct the pool and screen enclosure in accordance with the approved plans. All structures associated with the property have received their Certificate of Occupancy (CO) from the County. Also, the seawall will not block the neighbor's view to the west because their view is oriented to the west and there is no home on the property to the east. It should be noted that the Depmiment of Zoning and Land Development Review is currently processing an amendment to the Land Development Code (LDC) that would prohibit a property such as this from artificially raising the seawall to obtain compliance with the reduced rear yard setback as provided for in Chapter 5.05.09 of the LDC. STAFF RECOMMENDATION: Staff recommends approval of Petition V A-04-AR-6449 to the Board of Zoning Appeals subject to the following conditions of approval: I. The variance granted is limited to the after-the-fact rear yard encroachment for the existing house, as depicted and more particularly described in the applicant's site plan entitled, "Variance Petition Exhibit," dated 2004. This site plan is included as Exhibit A; 2. If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. PREPARED BY: Mike Bosi, AICP Principal Planner Department of Zoning and Land Development Review Executive Summary 6449 Page 3 of 3 Item Number: Item Summary: MeeUng Date: Agenda Item No 78 ~;epternber 13, 2U05 F'age 4 of 36 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7B This item r~quireli lhHt atl partielpHnts be f-worn III and tlk p;ule disclosure b~ plovided by Commission members, VA-2004-AR-6449: A5hley Doctors, property owner, represented by Richard 0 Yovanovich, Esquire, of Goodlette, ColemEln &. Johnson. P.A., requesting a vHriance for a 4.98-fool enclol\chrnenl into ltH~ 20-foot required real selbatk for a !,wimlTling pool and screen endoslIrc leaving a 1502 -loot re!u yard on a wtlterfront lot. The subject property is located <It 149 Flamingo Avenue, in the Conners Vanderbilt Beacll Estiltcs Subdivision, Unll Z. lot 25. in Section 29, TO'Mlship 46 South, RHnge 25 East. Naples, Florida 9/1 :?/2005 9:00:00 AM Date Prcparcd By Mike Bosi, AICP Community Development & Environmental Services Principal Plann~r Zoning & Land Development Review 8/15120056:26:00 AM Date Approved By Mike Bosi, Alep Community Development & Emlironmentnl Services PrincipnJ PianMr Zoning & Land Development Review 813/2005 10:48 AM Date Approved By Constance A. Johm>on Opertrtions Analyst Community Development & Community Development & Environment;!.1 Services EnvironrrKl'ntal Services: Admin. 8/15/20058:58 AM Aflllro\'ed By Date Sandrll Lea Executive Secretary Community Development & Community Development & Environmental Services Environmental SerVices Admin. 8/15/20059:33 AM Appruved By Date Susan Murray. Alep Community Development & Environmental Services Zoning & Lond Development Director Zoning & Land Development Review 8,119/20051:01 PM Date Appr01:ed 8~1 Ray Bellows Community DGvelopment & Environmental Servicfls Chief Planner Zoning & L.and Developrrnmt Review 8/19f20QS 2:59 PM Date Approved By Joseph~. Schmitt Community Development & En'Jironmenta! Ser'Jices Community Development & EnVironmental Services Adminstrator Community Development & Environmental Services Admin. 8/24/2005 5;35 PM Date Approved 8)0' MOirjorie M, StLldent County Attorney Assi$tant County Attorney County Attorney Office B!26;2005 9:56 AM Date Af)llrOvcd By OMS Coordinator County Manager's Office Administr<Jtive Assirni'lnt Office of Managellll'Jnt &. Budget 6/29/2005 9: 12 AM Date Allproved B)' Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 8130f2005 8:39 AM Date Apllrll\'ed By Michael Smykowski County Manager's Ofhc~ Management & Budget Director Office 01 M.:magol1'lEtnt & Budget 8131/200512:45 PM Date Allprllvcd B.y James V, Mudd Board of County Commi~sioners County Manager County Manager's Office 9,'2!2005 9:54 AM '. . ,; i . AG~~~. 7B -~'eptemDer ,',{'2005 Page 5 of 36 . Co~T County ~ '- ~~-- -- SUPPLEMENTAL STAFF REPORT i. I , TO: COLLIER COUNTY PLANNlNG COM:MISSION FROM:' DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION DATE: JULY 7,2005 RE: PETITION: PUDZ-2002-AR-6449 DOCTORS VARIANCE SUPPLEMENTAL STAFF REPORT SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission was scheduled to hear the' Doctors Variance at its May. 5, 2005 meeting. Thepetition was continued due to the applicant's failure to send the r~qJlired adjoining property owners mail notification. Due to this omission, the item was rescheduled to the June 2, 2005 Planning Commission meeting; however, the petition was continued from the June 2,2005 Planning Commission meeting to the June 16,2005 Planning Commission meeting due to.the'length of time aSsociated with the Ave Maria petition. Consequently, due to the length of time (beyond five weeks) that had lapsed ITom. the original newspaper advertisement (May 2, 2005), the petition has been moved. to the July 7.2005 Plam;ring Commission meeting to allow'for re-advertising. . The Department of Zoning and Land Development Review Staff recommendation remains the . same. Analysis indicates that this petition is consistent with the Growth Management Plan and is compatible with the surrounding neighborhood. Staffrecommends that the Planning Commission forward the Doctors Variance to the Board of County Commissioners with a ~ommendation of approval. ATTACHED INFORMATION: The Staff Report prepared for the May 5, 2005 Planning Commission meeting is attached with a small modification. The staff report prepared for the May 5, 2005 hearing incorrectly stated the variance being requested. was a 5.02-foot variance, but based upon the dimensional information contained in the survey included in the application packet, a 4.98-foot variance is required for compliance. The .staff report has been updated to correctly identify the requested variance. PREP ARED BY: ~~ MIKE BOSI, AICP, PRlNCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW C . (l-(JS DAT~ REVIE\VED BY: 6- /6-or DATE L , MANAGER DEP MENT OF ZONING AND LAND DEVEWPMENT REVIEW ~~. ~SAN MURRAY, AICP, DIRECT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW /, -/~.. Os- DATE APPROVED BY: .. qJ'k~ DAtEr J EPH K. SCHMITT, STRATOR. MMUNITY DEVELOPMENT & NVIRONMENTAL SERVICES DIVISION Agenda Item No. 7B September 13, 2005 Page 6 of 36 RUSSELL A. BUDD, CHAIRMAN DATE. Tentatively scheduled for the September 13,2005, Board of County Commissioners Meeting 2 (, " AGENDA ITEM 8-B . ~Agenaalfem No. 78 September 13, 2005 Page 7 of 36 . ~T County - ~~ -- SUPPLEMENTAL STAFF REPORT . TO: COLLIER COUNTY PLANNING COMMISSION FROM: . DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: . JUNE 2, 2005 RE: PETITION: PuDZ:'2002-AR-6449 DOCTORS VARIANCE SUPPLEMENTAL STAFF REPORT SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission was scheduled to hear the Doctors Variance at its May 5, 2005 meeting. The petition was continued due to the applicant's failure to send the required adjoining property owners mail notification. Due to this omission, the item has been rescheduled to the June 2, 2005 Planning Commission meeting. The Department of Zoning and Land Development Review Staff recommen~tjon remains the saIne.. Analysis indicates that this petition is consistent with the Growth Managemfmt Plan and is compatible with the surroUnding neighborhood. Staff recommends that the Planning Commission . forward the Doctors Variance to the Board of County Commissioners with a recommendation of approval. ATTACHED INFORMATION: The Staff Report prepared for the May 5,2005 Planning Commission meeting is a~hed with. a small modification. The staff report prepared for the May 5,2005 hearing incorrectly stated the variance being requested was a 5.02:..foot variance, but based upon the dimensional information contained in the survey contained in the application packet. a 4.98-foot variance is required for compliance. The staffreport has been updated to correctly identify the requested variance. PREPARED BY: Mike Bos~ AICP, Principal Planner Zoning and Land Development Review Agenda Item No. 7B September 13, 2005 Page 8 of 36 eo18=T County - '-~ - STAFF REPORT COLLIER COUNTY PLANNING CO:M:MISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVlRONMENTAL SERVICES DNISION HEARING DATE: JUNE 2, 2005 SUBJECT: PET maN v A-2004-AR-6449 (DOCTORS VARIANCE) PROPERTY OWNER/AGENT: OWNER: Ashley Doctors 149 Flamingo Avenue Naples, Florida 34108 AGENT~ Richard D. Yovanovich, Esquire Goodlette, Coleman & Johnson, P .A. 4001 North Tamiami Trail, Suite 300 Naples, FL 34103 REQUESTED ACfION: The applicant requests an after-tbe-fact variance of 4.98 feet from Section 4.02.03 of the Land DeveIopmentCode (IDe) that requires a minimum 20:-foot rear yard setback for accessory structures when the pool dec~ exceeds .4 feet in height above me top of the seawall.Th,e amount of variance requested is. 4.98 feet and if approved will permit the existing pool deck and screen enclosure to remain. . . GEOGRAPHIC LOCATION: The subject parcel is located at 149 Flamingo Avenue, further described, Lot 25; of Block U of the Conner's Vanderbilt Beach Estate~, Unit 3 as recorded in Plat Book 3 page 89, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. . PURPOSElDESCRIPI'ION OF PROJECT: This variance request was submitted on September 3, 2004. The request is for a 4.98-foot encroachment into the 20-foot rear yard setback for pool decks exceeding 4 feet in height, to allow the existing screen enclosure and pool to remain located 15.02 feet from the seawall. VA-2004-AR-6449 Page 1 of 9 -... ---- I . III . IfIIIPl ..... I -..- - 1: 5 o u I .. Q. c( II" :i I z ...-- 0 IlL - l- ce 0 0 ..J V A-2004-AR-6449 Page 2 of 9 Agenda Item No. 78 Septembet 13, 2005 Page 9 of 36 D- C :iE w I- - en .. ;i . Agenda Item No. 78 September 13, 2005 Page 10 of. 36 rscAtl ~f.fI = '.U)" . :. ::;: .~.:. . ""TtLLIAM McALEAR. ';R.EOJS'1':D.BD LA.NI;> sUIlVEYOR. '.0. s. nn NIpIa. P1. )4l01-rm % .TclcpllGDI: (941) $91-743 ~ . . fg; 1941) 59'/.2IDJ . 0 ..... . L1:GAJ.DESCI.II'lIOl'f -;:.. I La: 2.S" . or...,;....... y .ol'lhu__lIIiIdiYioioll__u CO:llMlIlIl.\ ~..g..~,'M' lilAcoW :.... n",~ 1t0l rr. 3 ...........iDP.....~ .... ., ..1". ,'.' PulW4.--.fII.C.OI..r.:llElC.. Guaci,~.JtVA74r"'( ~AY . .. lIlI.Jl... "''.-4 J Iilllo .". .,.~',.'f!" 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GRADY J//NOR AND ASSOCIm3, P.i ClVlL ENGINEERS. LAND SlJRVF:YDRS. pLANNE:J1S 3800 V1A DEL REY 13CJ'NlTA. SPRINGS. FLORIDA 34134 PHONE: (239) !U7-1144 FAr: (z:Jg) 947-0375 CERTff'JCATE OF AurRORlZJ.rTOH J{U1(JN.'1t LB 5151 Agenda Item No. 78 September 13, 2005 Page 11 of 36. r ~ ~ "Ilf vAIl ~:: .r DRAWN BY: JCL lOB CODE: ADSY SUCET 1 Of 1 EXIllBIT · A · 149 FLAJ/INGO A VENUE S.l"C7'1ON It f'O~'/o'SH1P 4 SOl/TH. /UNci ZG EAS!" f:W.I./EIf CYJVKfT, FLfJIUM DATE' MAY 2004 DRAWING: B-2B50 V A-20Q4-AR.6449 Page 4 of 9 Agenda Item No. 7B September 13, 2005 Page 12 of 36 The Land Development Code (LDC) , defines, Yard, waterfront, as ''the required open .space extending along the entire waterfront property with depth measured from property line, bulkhead, shoreline, seawall, mean high water mark:, access easement, whichever is the most restrictive.u In this instance the seawall is the most restrictive and th.erefore all measurements are based on that location on the property. The swimming pool was issued abuilding permit from Collier County oq. May 11, 2000. The permit for the swimming pool enclpsure was issued by Collier County on November 6, 2000. All required spot surveys were passed, the swimming pool and screen enclosure were constructed in accordance with the approved building permits and all inspections were paSsed and ultimately a Certificate of Occupancy for the swimming pool and the screen enclosure was issued on December 14, 2000. The current property owner Closed on the property on December 15, 2000. On October 17, 2003, the property owner received a .Notice of Violation (NOV) from Collier County Code Enforcement notifying the property owner tWit the screen enc10srireand swimming pool violates the rear yard setback reqUirements. The NOY has initiated this variance request. . The builder of this home followed all County procedures and was issued permits and a Certificate of Occupancy, and then sold the home to the .current property owner, who is now requesting the variance. The property owner purchased a home which by the County's approval of the permits and Certificate of Completion met all County standards, however the property. owner is now being told that the home does not comply with County standard and must either be granted the variance being requested or remove the violation. SURROUNDING LAND USE & ZONING: SURROUNDING: North: East: South: .. West: Canal Vacant Lot, , zoned RSF-3 . . Flamingo Avenu~ ROW, then a single-family home; zoned RSF-3 Single-fan;uly house, zonedRSF.3 . . . ~ . i I.. .", . . ."'. . . . ~ .Zoning Map V A-2004-AR-6449 Page 5 of 9 (; Agenda Item No. 78 September 13, 2005 Page 13 of 36 Aerial Photo GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subjeCt property is located in the Urban Mixed Use District, Urban Residential Subdistrict designation of the Future Land Use Map of the GMP. The G11P does not address individual variance requests; but focuses on the larger issue of the actual land use. The subject petition seeks a variance from the dimensional standards for a single- .. family house; therefore, the actual use is consistent with the Future Lan~ Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. ANALYSIS: . Section 9.04.01 of the Land Development Code grants the .~l.Uthority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03 A through H, which are general guidelines to be used to assist the Commission in making a determination. Staff has analyzed this .petition and offers the responses to the items in Section 9.04.03 as follows: 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? V A-20Q4-AR-6449 Page 6 of 9 . Agenda Item No. 78 September 13, 2005 Page 14 of 36 Yes. The pool, pool deck and screen enclosure are set back 15.02 feet from the rear property. line. The swimming pool was built in the rear of the house, and the applicant wanted the pool lanai area to be on the same level as the fust floor of the primary structure and not . requiring stairs to access. The design of the pool and lanai at the same level as the primary structure resulted in the pool deck being gre.ater than maximum allowed 4 feet above the adjacent seawall. The height of the pool deck required the pool, pool deck and screen enclosure to be subject to an additional 10 feet of setback, thus creating the need for the variance. In staffs opinion, the raising of the lot to obtain FEMA compliance and the desire for the pool and lanai to be at grade with the. primary structure stand as contributing factors in the applicants need for a variance, but staff does recognize that a more stringent scrutiny of the RSF-4 zoning regulation's from both the applicant and the. County could have alleviated the need for a variance. 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is .the subject of the variance request? . . Yes. As previously noted, County staff approved all permits that showed incorrect setbacks and the spot survey that also showed the incorrect setback. The contractor then proceeded to construct the pool and screen enclosure in accordance with the approved plans, however the contractor also has a responsibility to insure the plans submitted are accurate and reflect the correct setbacks. . 3. Will a literal interpretation of the provisions of this zoning code work unnecessary. an undue hardship on the applicant or create practical difficulties for the ap~Ucant? Yes. The building permit was submitted by the applicant and approved by the County with incorrect setbacks. The error was not noticed until nearly 3 years later. It would create practical difficulties for the applicant to remove portions of the pool and screen enclosure and reconstruct it.. Additionally, the regulations. within the Land Deveiopment Code' in relation to .the:elevation of pool decks abOve. an. existing seawall does not account .for FEMA regulations which .were iniposed upon the project and forced the lot elevation to be raised 5.9 feet above the existing seawall. This element of the FEMA compliance contributed to the non-confonnance with the regulations relating to the existing seawall. and the elevation restrictions for the pool deck, but as noted closer attention to the zoning regulations from the applicant and Staff could have prevented the need for a variance. 4. . Will the varianc~, if granted, be the minimum variance that will make possible the reasonable use qf the land, building or structure and which promote standards of health, safety ~nd welfa.re? . No. The RSF-3 zoning district permits smgle-family homes with a minimum square footage of 1,000 square feet The subject house is larger than the minimum required floor area, and therefore, a reasonable use of the land would .be possible without this variance. Howeverl the variance ,is the minimum variance to allow a reasonable use of this existing . structure (as it is shown on the site plan) to become a conforming structure. Approval of the variance should not have a negative impact on the standards of heaith, safety and welfare. V A-2004-AR-6449 Page 7 of 9 l. Agenda Item No. 78 September 13, 2005 Page 15 of 36 5. Will granting the variance confer on the applicant any special privilege that is delrled by these zoning ~gulations to other lands, buildings, or structur~ in the same zoning district? Yes. The. granting of the variance would allow a house with a smaller rear yard than other houses in the RSF-3 district to remain, but th~ granting of the variance requested would be recognition of tWo development regulations imposed by separate governmental jurisdictions (local and federal) that in this particular instance created a conflict that resulted in the local regulation not being meet. . 6. Will granting the variance be in harmony with the general intent and purPose of this . Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? . . No. The Land Development Code provides for specific required yards, therefore this variance will not be in harmony with the IDC. However, in this particular case the ,seawall will not block the neighbors view to the west because their view is oriented to the west and there is no home on the property to the east. 7. Are there Datural conditions or physically induced conditions that ameliorate the goals. . and objectives of the regulation such as natural preserves, l~es, golf courses, etc.? ,. Yes. The. encroachment is into the rear yard, adjacent to a canal. The encroachment is ameliorated .by the fact that the home to the west is oriented to the west and north and even views from the northeast side of the home would not be affected by the pool and screen enclosure: There is no home to the east to impact. If and when a home is built the location of the pool and enclosure could be mitigated in the design of the home. The property on the north side of the canal is County property used for aCcess to the Vanderbilt Beach and is screened from the subject property by mature mangroves. 8. Will granting the variance be consistent with the Growth Management rlan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. . '.. EAC RECOMMENDATION: .. The Environmental Advisory Council does not normally hear variance petitions) and did not hear this variance. STAFF RECO:MMENDATION: Zoning and Land Development Review staff recommends that the Planning Commission forward a recommendation of approval .of petition V A,.2004-AR-6449 to the Board of Zoning Appeals subject to the flowing conditions of approval: . V A-2Q04-AR-6449 Page 80t 9 Agenda Item No. 78 September 13, 2005 Page 16 of 36 . 1. The variance granted is limited to the after-the-fact rear yard encroachment for the existing house, as depicted and more particularly described in the applicant's site plan entitled., .. Variance Petiti~n Exhibit," dated 2004. This site J?lan is included as Exhibit A; 2. If the residential dwelling structure is 4estroyed for any reason, to an extent equal to . or greater than 50 percent of the actual replacement cost 6fthe structure at the time of its . destruction~ all reconstruction. oithe structure and accessory StruCtures must conform to the provisions of the Land Development Code in effect at the time of reconstruction; PREPARED BY: ~~. :MIKE BOSI, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOP:MENT REVIEW s.. C..-oj DATE REVIEWED BY: .-- 5 "/()..(g . DATE ~~ ~SAN MtJRRA. Y, AICP, DIRECTO .. EPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 6'-1-7 - or DATE . APPROVED BY: PH K. SCHMITT, AD STRATOR ITY DEVELOPMENT & IRON!v1ENTAL SERVICES DIVISION ..;rj,v/ar ' DATE . RUSSELL A. BUDD, C~ DATE Tentatively scheduled for the June 28, 2005, Board of County Conmrlssioners :Meeting VA-2004-AR-6449 Page 9 of 9 J Agenda Item No. 78 September 13. 2005 Page 17 of 36 RESOLUTION NO. 05-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER V A-2004-AR-6449, FOR AN AFTER-THE-FACT VARIANCE OF 4.98 FEET FROM THE 20-FOOT REAR YARD SETBACK TO 15.02 FEET FOR ACCESSORY STRUCTURES IN AN RSF-3 ZONING DISTRICT FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41 as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 4.98-foot after- the-fact variance from the required 20 foot rear yard setback to 15.02 feet for accessory structures, as shown on the attached plot plan, Exhibit "A", in an RSF-3 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition V A-2004-AR-6449 filed by Richard D. Y ovanovich of Goodlette, Coleman & Johnson P.A., representing Ashely Doctors, with respect to the property hereinafter described as: Lot 25, Block U, Unit 3, Connors Vanderbilt Beach Estates, as recorded in Plat Book 3, Page 89, of the Official Records of Collier County, Florida be and the same hereby is approved for a 4.98-foot after-the-fact variance from the required 20 foot rear yard setback to 15.02 feet for accessory structures, as shown on the attached plot plan, Exhibit "A", of the RSF-3 Zoning District wherein said property is located, subject to the following condition: Agenda Item No. 78 September 13, 2005 Page 18 of 36 1. This variance is limited to the rear yard encroachments depicted on Exhibit A. Any other encroachment requires a separate variance. BE IT RESOLVED that this Resolution relating to Petition Number VA-2004-AR-6449 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency ~.u"Oh.~ Mar) e M. Student Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN "~'lLLIAM McALEAR . -REGISTERED LANO SURVEYOR P.O. Box 9732 Naples, FL 34101-9732 Telephone; (941) 597-7428 Fax: (941) 597-2803 LEGAL DESCRIPTION 2.S- . .of13lo<:k. U . of that certain subdivision known as CO>lWE "'.... FS.''\!"E'$'. IJN IT- .3 . lIS Ieconlcdin Plat book ...3 page 81 .ofthe. 'Public ~rds, of' c:. OL..": I e: ~ Count}. Florida _J~ (17 4 rz '-V rl 7' eL..e.V, 'to P 4r- 100. De. PL'" T' 0 W 6".L. .. "H ..- it o. E2. ~ "i "l""V.P. D' .'" ,;;tii~P~tJ"f ~.:;~O:j. Lot ~. "''1, {;3 "''IlL 'TO ""'IlL, S,s""w~~t. ~ iii .... 7/,.z.0 \...~T-2S- E(,.,j( - U S"RLee~Er.> I '.,,5 1"001,. CI ... r: ...."JO ,.. .sC.fl~t:'" PQ~"", Z,s..3 5 ...8..t:ill-J:L.E<:-u...~. ~_t;:_....: .,,:...::;._ -1Z~J-i:,.G..V.c>_,_ . '.. ZJ..33 ,.(,-' ..sa 150.1 r.. o I':-"'E. t;o.",o ../JC.vci'!/'1",,-(!-r /$ P.,r.- t<J"':t. ..EI.t:rIl.: 4.0/0 N.6/ - ~oI""'.II_ . WIld...... ..... .... .... ......... LIE .1JIMv Euem.N Agenda Item' No 71? September 13:.2005 Page 19 of36 V",wniRlIILT" OrA<..~ ~ ~oT- Z~ 7.S .; ill ... ... ) ~ ... < l- e z < '</- C......t1L~V I!~\:p , Q .I ~J:L~~~T e . .2l l"' Q.. 0 0 .' 0 ". N o .. ",7.s VJ ~ ..... !<} Z .00 . . .1 '.4S-r..?O"w. I I I "f ~ .,..,.. <:) . '.N} :.. .:~- ,1. . _.. ~ -."'-r:; ~"':~f~~ :\..sp.:. ':';.,' ,. ",vIS.C.f',' - ~ERTI;lCATE . . C' rhlo _ ,..,,, ."." '" rho lo'\' !"-'Y--__.""'.. -"""_udhtt/NI . __"1M m/nm&m ""'"'""", .-.01 forftIby'" _ a..", Of __ LMd 1IIMwyont.. ChIIp..,4Hlf7F1otfda_",6oow . =:n~~s.c:~n:::n hetHn ,. . .... MfJ-.n1t __.....".,,'01"'" llIawfodpo I/Id w.t. IluI;o<< .. ..... I/Idnofo__/I.- t:E= 'IN..i.DOC.TO~5 '.S.. Vie c." , Ll ,...e.. VNI 1"5 'IMct."F -. /~/ f1..._ _/_ .EI-;::::"~ ;t-1/~r~. .-.e f'~, ,TWP 48 ,.,,.,.......P'\t""',..,.,u ^ I , 1=-....' r? I ... ,....'" .:-..,.. r- .., S.RGE 25"". E '. Agenda Item N.o, 7B September 13, 2005 . PagE; 20 of 36 "" . . .. .~ ' . ' : VARIANCE.PETITION (VARIANCE FROM SETBACK (5) ~u:mE? FOR A PARTICULAR ZONING D~TRlCT) Petition No. . .'. V A-2004-AR-6449 Date Petition Recen;ed: PR.OJECT ##20&403()045 , '. -;:bA1'!: 913i04' . . .. ,:Q.oBlN :MEYER . Planner Assigned: ----; Commission District: ABOVE TO BE COMPLETED BY STAn' GENERAL. INF.QRMA-TlQN: Petitioner's Name: Asblev Doctors Petitioner's Address: 149f1am;ngo ~venue Naples, Florida .34108 .Telephorie~ FBx#: . E-Mail Address: . . . Agent's :N'ame: .._Richard (>.. Yovanovich. Esquire. Agent's Address: Goodlette. Coleman,& Johri~oa'P..A.~ 4001 ~orth Tamim,; 'Trail. SUite 300. Naples. Floii'da 34103 . . Telephone: 435-3535 .. ,. Fax#: 435-1218 E-Mail Address:rvovanovich@2cilaw.com * Be aware that Collier County ];las lobbyis~ regub.~Qils. Guide yourself accordingly and ensure that you are in compliance With th~ reglilanons.. . '" COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT :PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE.(941) 403-2400IFAX (941) 643-6..968 . - .\ . . Agenda Item No, 78 P. 1 'R. . "d 4/03. September 13, 2005 . . age. - eVlSe,. .. Page 21 of 36 Complete the follo~g .f?.l.al1 Association(s) affiliated with this petition. (provide additional . sheets ifnecessary) . ."'. .. ". . . Name of Homeowner Association: Naples Park Area Associ anon ' . ~. . Mailing Address 699 1 06tb A venu~. North , . City _Naples S~eE1-Zip .34108 .. Name. of Homeowner Association: Prooertv Owners of Naoles. Park Mailing Address 800 1 Q41h Avenue. North City Naples State~Zip' 34108" Name of Homeowner 'Association: Mailing Addr~s .city State ~ Zip Name of Master Association: Mailing AdqreSs " . state ~ Zip City Name of Civic Ass~iation: , Mailing Address PROPERTY DESb&lPTION:. Legal Description of Subject Property: , , . State ~ Zip , City... . Subdivision: _Conners Vanderbilt Beach Estates Lot (5) , 2.5.. Unit _3 . Block (s) .. U Section 2.2. Twp. 48 RBnge 25 PropertyI.D. # 27636960005 .' . Acreage Number : Metes & Bounds.nes~riptinn; Please see attached Address of Subject Property: (If different from P~titioner's address) " , . . . . . . . Current Zoning and Land u.se '~f Subject. ParceI:Re~identia1- RSF-3 . Agenda Item No, 78 September 13, 2005 Page 22 of 36 " Adjacent Zo~g &. La:nd Use: ZONING . LAND USE. N P Canal. County Park SRSF-3 . R;esidential .- . . Residential.. W RSF-3. E. . RSF-3" Residential .. , , Minimum Yard Require,nents for Subject Pr~pertY: . . . Front: .30 Comer Lot: . YeS 0 . No Side: _10 Waterfront Lot: . Yes X .... . . Rear: 25* ... X. N~D., .. ... . Nature of Petition Agenda Item No. 78 September 13, 2005 . Page 23 of 36 . - . Provide.a detailed. explanation of the request "including what struc1:\lres are existing mid what is proposed; the. amount of encroachment propos.ed.using numberS, i.e. reduce front setback from 25' to 18'; , whe~ property O"'mler pUrchased property; when existing principal structure was. built (include building permit number (8) if possible); why encroacb.n;lent is neces;s8ry;. how.... eXisting encroachIoent .came to be; etc. " . ". A 6.i foot variance from' the reouired rear yard" setback of 20 feet setback' for a. swimIning: pool and screen enclosure. The swimming pool was issued a buildinlZ permit from Collier County on May 11. 2000: The swimming pool enclosure was issued bv Collier County on November 6. 2000. All information required bv Collier County was .sUt>ulied at the time of the building .permits were issued. All reauir~d ~otsurvcvs were passed. . The swimming: pool and screen enclosure was constructed in accordance with the approved building pennit and aU inspections . . were passed and ultimately a Certificate of Completion for the swimming pool and screen enclosure was issued bv Collier County on December 14. 2000. A Certificate of Occupancy :. .for the home was issued on December 14. 2000. The CtnTent property owner closed on the . . '. property on December 15. 2000. On October 17.2003. the propertV owner received a Notic~ of Violation from Collier County Code Enforcement Dotifving the property owner that the screen enclosUre and swimming pool violates the rear setback requirements. Copies of the bUlldin~ permits. Certificates of Completion and Certificate of OCC1J1lancy aTe attached to this ' Petition. . , .. .~ " Agenda Item No. 78 Septeniber 13, 2005 .. ' . ~~~cl~ Please note that staff and the CqIlicr County ;Planning CoIDII1i$$io~ sball"b~ guide~ in their recommendation to the .Board of zoning Appeals; and that the. Board of zoiDrig ~ Shall be guided ii1 its detcrmiDation to approye or deny "8 varil:mce petition by the below listed criteria (1-8): (please address this criteria using additional pages if neceSsaIy.) ... ...... . . '...., :,. .:: . :" .,". . ' ,... . . ... . ,', :." .;.. 1.. AIe 'there special conditions and circumswices existing wllldlare peculiar "to the. lbca~6n, size and. . characte:ristics of the land, structu.re, or pUilding involved. . . . . The swimmin~ pool and screen enclosure were permitted by Collier CountY and the pool and encloSUre ~ constructed in accordance with the aWCJved buildinll peImit. The contractor S\.tPJ'llied Collier Couo1y Staff with aU required information prior to the ap:proval of the ner:m.its and has inCllJTCd SUbstantial finl!lDci!i1 . . exnenses. in reliance UDon the County-issued nermit. There are no exiStinll tlropert;y owners who would be : 'adverselv affected by the grantinr of this variance. 'the removal. of the AW'imm;" Ii ~09l and enclosurewotild c'reate an unnecessarv.harn~h;p to the nrcmertv O'W'Ilcr. . ~. Are th~ Spe~ial.cooditioI1S auci c~taoces which do oot.result ~m ~e acti~o of the applicant such lIS pre-existing conditions reiative to the propertY ~hich is the .subj ect of the ~e requ.esi The building permi~ were issued and Certificates of COnlpletio~ were lIP1frOvcd by C~l1ier C,?untv. . . . pO ... 1 . ~ .... '. 3. Will "a literal interpretation of the:: provisions of this ZOning. code work unneCessary ~ undue hardship on the applicant or create practical diffioultl.es on the applican~ . . ., . ". . .Yes. die prQp~ owner Will be reauired to ~ove the .poQI and. eocio~e at liis ~_ aftcT the pool and enclmrnre were approved and ~ected bv Collier COlmtv n;;p~sentatives. " . 4. Will the varian.c:e, if gnm~ed, b~ the ininimum vanan.ce that ~ make possibie the reasonable use of ~e land, bUilding or strUcture and which promote standards o~health, safety .or welfare. . .' . . . .. . Yes. 'Collier County issued buildini permits. ~ectiODs were performed by CoUIity staff and Certificates .of .. Conw1etion were issued. This pool-enclosure daes nat .obstruct the view ofaovoeighbars" .l' . . .. . .'. ~~~red~~~~~ 3~~O~~ , . .... .Page 25 of 36 5.. Will ~ . g the variance requested 9On!er'on the p~~tioner any special privilege. ~t 19: denied by . these.zo g regulations to. other lands. buildings. OI'"StrUctures in the same zoning district No. Tnis ro ceived buildin ts e' cate Co l~ti other simllarlvsiroated nro:pertv owners they should receive a variimce as well. I ' ' 6. Will gran' g the variance be iri harmony with the intent and purp~se of this zoning code. and Dot be injurious the neighborhood, or otJierwise detrimental to the public welfare. . . " -'. . '.. " .': ;" . ,- Ye . l! this var.a.nce will not be' .. the nc:iehborhood or d~~ental to the ublic we1far~ The s enclosure and lX>ol does not obstruct the vie'W of surroundine: UroDertv owners and is in DO Way detriment'" !be neiohbo'hOOd. . . .. . .. \ 7. ke ili= L cooditionsmph)'icaJly mmmed ~ODS fuahme60mte !be pIs and . objectives .hf1he regulation sucb as Iiaturiil preserves,1akes, golf course. etc. . \ ... . . No. . . .... '. ... '. '. ...... .. .. \ ~. Will grnnl fue van.... b. consisnt with th.~ -:gcmm pi= t . I ** Section 2.,6.3.2 (3) of the Land Development Code requires ~n applicant to remove their public hbaring advertising sign. (s) after fmal action is taken by the Board of County Commissione:~s. Based on the Board's fmal action on'this item, please remove all public hearing adVerring sign (s) Immediately . . .. . . . ... \ ,.Yes. r. .. ' Agenda Item No. 78 September 13, 2005 . Page 26 of 36 .. VARIANCE PETITiON APPLICATION.SUB:MITTAL CHECKLIST. . THIS COMPLETED. CHECIa...IST IS TO BE SUBMiTTED WITH APPLiCAT10N. . . . ,', '. . . PACKET! . . '. 'REQUIREMeNTS. #OF COPIES . REQUIRED 1. Completed Application - 15 2. Gompleted Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes .15 . . . 4. Survey of propertr, sh9~g- th,.encr-oachment 1 . , , .. (measured in feet) ... . 5. . Site Plan depicting the following: 15 a) All property boundaries & dimensions b} All existing and proposed structures (labeled as such) ..c)' North arr~w, date and scale of drawing d) Required setbacks & proposed'setbacks .. : .. . , . . . 6. Location map depic~g major streets in area for 1 ., reference 7. . Electronic copy of all do.cuments and pIalIs ,. . :.' : 1 . . 8. Application fee;'" $2000 (residential) . . . . $5000 (non-residential) ..' . ',' .. . (~us ~ees p~id at pre-application meeting) . . : ., - .. . . Checks shall be made payable to: Collier CouriiV Board of Commissioners .8. Other Requirements . . . -~ '. . . . . A1, the authorized agent/applicant for this petition. r attest that all of the informati~n indicated 011 this checklist is included in this submitta.l package. I understand that failure to include all necessary submittal information may resu,lt in.the .delay of processing of this petition. .. .~~.... .. Applicantl~atuTe Z/z \{/'O~ Date ... .... .Agenda Item No. 7B' September 13, 2005 Page 27 of36 AFFIDA VIT . . We/I, _ Ashlev Doctors ~ bei.ng first d~ly rivorn~ depose .Cmd say th(lt well am/are .the owners of the proper1)J described herein aru1 which i$ the subject matter of the proposed hearing,'. that all the .answers to the questions in thiS applicatton, including the disclosure of interest information, all 'sketches, data, and other supplementary matter attached to and made .a part of this application. are honest and true to the best of our knowledge a7u1 belie.f. Well ur1.derstand that. the information reqtl(!Sted on this application must be complete and accurate and that the cont~t .. ofthisfoTJ'lt.,lY.hether.computer generated or CoUnty printed shall not be altered. Public. hearings . willnot be cUi.v~rtiseiunti/ this application is deemed complete, and all required- i1iformation has been sUbmitted. As property owner WelIfurther authorize . Richard D. Yovanovich,.Esquire. to act as our/my representatives in any matters regarding this Petition. .... . . ~~ , Si(:> e of Prope~er Signature of Property Owner . ~s..l~ W . ~bUQtl.> T)'Pe4 or Pri ted Name of Owner . Typed or Printed Name of Owner' . . The fbregoing instrument was acknowledged before me this .::l4' " day of ~~ ' ~ JDti:;lby ~,..]f.vo. \.N. ~-.swho is personally known to me or ~ pro'duced . . . r as identification. . State of Flonda County of Collier 'Signature afNotary Public - State of Florida} . \~~ ~-75tt ~8r(*:'\. (print, Type, or Stamp Commissione.! . Name of Notary Public) ~"lI... Karert C ~en . r~"'f-. My ~miaslDn oD06451lO . '=t.1 expireS October 14. 2Q05 .. ' . . Agenda Item No. 78 . . September 13, 2005 P~ge 28 of 3~ '. . ." I . .... VARIANCE PETITION '- PRE-APPLICATlONMEETIN~ ~OTE~ . & SUBMTITAL CHEcKLiST .' Date~ Time: e:.w .jllallllor.~b~ ~_ ProjedNaiD.: ~~~ ... ProjeclAddrlLoCa~.D:. ~1q i1~~ . ... . ... Ap~~t~e:~ch .'i0rJ8I4Jt5()I~ . Phone: -131r'~* . ", F~~ @~;x:xl)~). 'Qd.~~N tL:-~~~ . : .> ". .T~e:~.~eti~oD: \/0./\\ t~ . ~urr~~t Zoning:.~''F - 3. . 'Ow~erN.ioe:~~h\S4f ..~~...... OwDer AddTess: 14q ~ '.;::IArYII^iflr ~ . PhoDe: . ....., -' .Meeting Attendees: . ~e+(>AJT~~JJJt. 3.B..+P. W 1-.1 NA.~fl ,~~~A.J' . Mi~IAIL-~~,~~, . .' . . .. "' -.. --.. SUBNUTT AL REQUIREMENTS: ' j .. 15 copies of completed Applica~ion ' . '.. . . . Addressing Checklist signed by AddressinG Dept. . . Pre--application meeting notes. -.. ,. . . ~ 15 copies of Conceptual Site Plan. 24- X 36- plus (one a % X 11 copy) ~ Completed Owner/Agent Affidavits, Notarized . . 2 copies of Deed . .... .. 2 copie~ of List identlfying ~er & all parties of corporation. . S. Location map' :".. . . . ~ ' 5 copies of Aerial Photograph (taken within the previous 12.monttls) 1 Agenda Item No, 78 September 13, 2005- Page 29 of.36 ~ 4-copies etas or EIS waiver ,... "i 4 copies of TIS . ' . :. 4 copies of Utility Ptovisions Statement ~ sketches .., . .. Electonic copy of all documents and plana {CDROM.orDiskette) ... Historical Surveyor waiverrequest .. ~ . Property Own~r Advisory Letter anp Certification . . . :. ;s.. . ,., fr~::~~pl~c~ti~~ Fe.e '$50~..OO, (to be credited tl:l1Wa~ ap~lication fee ~low) Review Fees: . . . . ~ $2000.0.0.' Residential . 1:r $5000.00 Non-Residential ., ,. . ~ $681:,00 Est~tna~ed Legal Advert!s~n9 Fe~-CCPC Meeting . J8'J. .$205.00 Estimated Legal Advertising Fee.. ace Meeting , . (any over- or under':'paymerTtWlH ~ reconciled upori..reQSipt of Invoice from NapJe~ Dailey' NeWs). . o $1600.00 EIS Review' OTHER REQUIREMENTS: o 0' . o o / NOTES: - ~.~'" ". . ..... ./...'.... AgentJOwn.er Signature' Date: 2 . . .. ': .; 1 :... .f "lLLlAM 'McALEAR ~ ;. '. .' REdmTEREl:? LANp SURVEYOR P.O. Box .9732 NapLes, FL 34101-9732 .TeLcpboUc: (941) 597-742.8 . ~a.x: (941) 597.2803 LEG.A.L DESCRIPTION .. .. ~.' tar 2.S.' ., ,afBl~' U .ofthatoertaiarubcilvliiwIcDOWIl" CD'lMEIt\ *,. :'.':<-.:,:f.~'^'t'''~. ')lolli~'-3' .~=nlcdi.aPlltbook. ...3 pare 81' .oCtIle. : .'~' ::: 'lilbn~ rec:llfClt of' c:. 0 '- L-: I e: rc..' Cow!)'. Plorida _ W ('17. 4 r't ~ A Y .....::,..,.:. .:: ,:'<,~""",,",jOo~ ..... '.' IOClo(;:>o>'r'''''l'" 0 '.:. -_;! ~ Fi'll>':..': tl ........~~. ~ "II -\ \J, st. . ._ zO w ~.. ':' :'.:;.<t~~-,'~l.N~t\...'/:"'..'" ...:I\U~,Ill. \ GO...,.... - .. "~."" ......, ~~.:..~::.-' :.:~-:- " ., 'r V"'IlOlill.l".T U.I.<.;.I t: "^'~I't &74 'T'''/:! ~~I'" 'tll ""~ll... . . N $J"W"t.~ " Itj ... .. ~ . 7J.1.1I \.. to T ~ ~ S"' -su !Jc!!" EL~- U P"U.M. ' S~~~e~t:T.> J ..... ,,00l.. cO, ... Z,g;..35, . . "..... 1'/0 ... .> .. ! ....; \.oT- U. 7.. ~ . .\U r ! I- '~ <: '1""~ I:~ .toe p $ ';> .... CoI..!l.&&ane. ~ . 0 :..; I.ij 1) . .'" CI ,j.. ~ ~, N IS H E...~~rs....h:si'1J...:f_ ..J~>J~_ . 0, :~~;\;'1i;j::\::,;. ' .. ..'....~ J ~~l/ c:A:~'::.; i!:i.j;!}1i(~;~f;: ;. . ~. .' .~.~ .. ';7~ VJ zl. .!l,! 1-(,/ '~ 'llI:I l') .~" " Z ;t/O ,.' .OS '.S .... ,1 . ~ - 45 -rZO ."'91. I I I 10 .. ," .t..tt,~ 0 1" i.- ,.~ '~.- ~.'I: eo ~.: . .~. ~ "':~ ..-::.~~ : ~!:P'::. -~~f:~---- ,'. ;,J G,",~,~. ':"" .' 1 &. 0 .t!JO A..r,..N::"'" .".,.....-c H"" ~ oS P-fr;oJ~;.t.. .~(.,!y. :: 4-.01; N'~~ '~C~~1!-" . .~. O' .ThIo_"oI._",,,,~.1o'\ . ----.... .......11\I" .....,.... Mft..,.IIM . __..Iho__ _011I_""'_-.1 a~~$_" _.r.,''''__n..... . GW.....,.,.. ..........,,""'.,.. 15IWMlI~.NlIIIr"'''''1lIlin _/0____10 . ---......,... _,.__....... to__ ___h_ - ;:Jp.a.w~CiliTlFICA'fP..N "'CCORD/NG.~ .fI1E. .I:lAAWN BY: .-:'" ;/ '~COMMU~1TY.PAHi:L'NIJMSERf. .:;;i-..., .OAT!: "'-.1'1>"" " ~ ....tv~,,~~.P.I!TgD: .~.'-:"~._~~ ., 'CHECJtEDEm_. ].5.';.-.,'~.-'!';..,.....,.":."';...,....;............~;t:...".._.... ':. DA~ . flRQf~~TMP.f'~. TQ <13( ~OOD ZOl-{E A. i!: !!' \, _ .:r.. \olr.: poc...,.. O~S ".$ 'r.!! ~L' 011 e.l I .'" HI"" ~.s. 4 ~~IHGSAAEll...uDON'Ji.te~ ~F .aEG.1Il3657 !=\.~A\' 1ol6 0 ^1I't. III!! I Ht; , . ..s ._ 4.. "'14;, SECTION . .2' ..rw~ ~~ toEA UII3! :25'*' ! "'D~- -~"'.. ..............."..." ...~" ^ I t .::- '101 r:7, &:. .....,,,,, ="T C" .., I..,l', ~_""" ~:....' . .,.' ~ ..e ... ::Z.;'" - Q- -"'~. Agenda Item' No, 78 ~eptember 13, 2005 Page.30 of 36 " 1.3.8' :J: - - .to lS" ,,' 3 ;,p ;'oj 81 t .u >:: i .~ :J: '" "i .. :.: '" TJ - "\l ::> ".. 5 " is" SCALE: r = 3' * NOT A SUR. Y * :n ::> q. GRADY lIlNOB ANJ) ASSOCIATES, P.A. CIVIL EN~RS.IJJf]) S{JRYEYOPS -PLANNEPS . d800 VIA DEL REY BONITAI. SPRINGS. FLORIDA-34134. PHONE: (:!Be) 947-114'" FAX: (239) 947-0375 .' CERTlFlCATi: OF AUTHORIZATION NUJDJER LB 5151 \ 1 ,nda Item No: 7B September 13, 200 Page 31 <?f 36 . : D<~. S1~a ~ ;.=H.~. t LAB . ..1 . lJRAWN BY: JCL JOB CODE: AIJSV. SHEET 1 OF 1 . EXHIBIT "A n 149 FLAMINGO AVENUE SEC'r.lON 29. rOH'HSHlP 49 SOCl7'H, JUNCE 2S $.AS!' CO.l.1.l.ER. COClNl7. ..!'.f,O/U.l)A DATE: .MAY 2004 DRA WING: !1-2850 ,..... . ; I BOAR COlliER COUNTY l)F COUNTY COMMISSIt. Agenda Item No. 7B September 13, 2005 ERS Page 33 of 36 ~ 2000110395 ISSUED: 11-06-00 m:.:. FROLOFF E MASTER i: 2000110395 QQa JOB ADDRESS: 149 FLAMINGO AVE JOB DESCRIPTION: POOL ENCLOSURE-1824S0FT PERMIT PERMIT F\PPLIED SCCG 11-06-00 VAL:!D 395 APPROVAL DATE: 11-06-00 JOB PHONE: SUBDIVISION #: 332 - Conners Vand Bch Est 3 BLOCK: U FLOOD MAP: 0189 ~ AE-ll ELEVATION: FOLIO It: 0000027636960005 SECTIQN-TOWNSHIP-RAN 29 48 25 LQ:r.:..2 5 OWNER INFORMATION: BLACKETOR TR. JOSEPHINE A ITF ALLEN BLACKETOR GIFT TRUST UTD 10/7/93 LOUISVILLE, KY99C02 402224929 CONTRACTOR INFORMATION: HANSEN SCREEN ENCLOSURE. INC. 502-A SOUTH ROAD FT. MYERS, FL 33907 CERTIFICATE #: 10864 PHONE: r 9411278-3211 FCC CODE: 329 - STRUCT OTH THAN BLDG-POOL/SEAWALL/DOCK/F CONSTRUCTION CODE' SCRNl / SCREEN ENCL - SCREEN ROOF JOB VALUE: 17.037.00 TOTAL SOFT: 1,824 SETBACKS FRONT: &T REA&..:. SEPTIC NAME: DARCEY MULLALY PHONE: (941)278-3211 10.00 ~ 7.50 WATER: RIGHT: 7.50 i'1ELL CONTACT Per Collier County Ordinance No. 96-83. as amended, all work under the approved building permit shall coaply with all applicable laws, codes, ordinances and additional stipulations and/or Conditions of PeDrnit. The approved permit expires if work authorized is not commenced within six (6) months from date of issue as evidenced by the successful campletion of the foundation inspections as stated in Ordinance No. 96-83 l04.6.1.b as amended. Fee Resolution No. 96-594 provides for additional fees for failing to obtain permits prior to commencing construction. The permittee further understands that only licensed contractors may be employed and that the structure shall not be used or occupied until a Certificate of Occupancy is issued. NOTICE: In addition to the requirements of this permit. there may be additional restrictions applicable to this property that may be found in the public records of this county, and Ulere may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH .YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. rnPR?O?rl ,..-.... ~ .~ Agenda Item No. 78 September 13, 2005 Page 34 of 36 Official Receipt - Collier County Board of County Commissioners CDPR 1103 - Official Receipt Trans Number 231853 Date 11/0612000 3:49:46 PM Post Date 11/0712000 Address: 149 FLAMINGO AVE OWner: BLACKETOR TR. JOSEPHINE A COA #: Permit Type: SCCG Job Oesc: POOL ENCLOSURE-1824SQFT Applicant: NICK TULLO DBA: HANSEN SCREEN ENCLOSURE, INC. Swr Meter: Wtr Meter: Payor: PERMITS EXP Fee Information ~ Fee Code Description GL Account Amount Waived 08BCAI BLOG.CODE CERT. SURCHARGE 11300000020882000000 $9.12 08BPNP BLOG PERMITS. NAPLES 11313890032211000000 $129.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.00 Total $141.12 Payments Account/Check Number 6952 Amount $141.12 $0.001 $141.12 $141.121 Total Cash Total Non-Cash Total Paid Memo: Cashierllocation: FROLOFF _E I 1 User: WILLOUGHBY_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:11/06/2000 3:52:57 PM -oOIIIIIIIIIIt SCALE I I' c ~ ,/l'tJ.t:-';!.- 2 ?' rf? fit- 2. WILLIAM McALE ~. UP-yIt7- REGISTERED LAND SURVEYO ... . -- P.O, Box 9732 Naples, FL 34101-9732o.te.JZI//j~lta1t..1. /V ~ Telia~~(~~~~W7:~~o~428 Co 11 ier C~tl LEGAL DESCRIPTION 'lIflf1o. ItevflW Mti "tf'W1~i", Lot 25 ,of Block U .ofthatccrtain.ubdivisionknown.. CON~E"-~ V"'HD.Rl\\~r DH"\-! F!;'^'tlO,., UN IT - .3 ,as recorded in Plat book -3 page a., .oflhe Public r';"ords of c::. 0 '- L.. I E ~ County. Florida 1"1/ /'I 7' /.1 ,'Z '-"-' A 7' 1=r..~V,.T""P ~i= 100. OOop~"..." 0 "",,,...,,.3,"'"1 ~ - _ <:0 E:. ~ N.~.>I.O , O' .'" I f"\ PO(T~ c2L::W /O/.5?f.7 2..0 . l- -< , l- t) t<'I ~ I", I") ~ ..; a:. o r- 71.':'0 _\..c> 1.- 25" E-t../(-U SCRL:e ~ I!: " I "1,5 /"OOl-S, .. !' A,.JO ~. ..' " fJ..," J, - -\ yr.: --.-::' -~ ~ . "!f -:;;;J t:OIVt:.1't4?4 .P.t.'17"74D {'I?CJ;>/.'rl 77 j Sc.lltf='c:-W PO~"', ",-o:r~ z c. ~t>T- z.~ ~ "- .. ci Z'.5..3~ \0,,\'1121.3 .~c?".>.., C!,. ~. '.~ " fto. "b A. - ~,,\..,. (':) 'r ~>~ ~ ~\ ''i ,..llllIlIl '.1'\ ~ ~ ~ 151 N ...-A ::,: ,- ReceN"U 0, \." ~ ..,~ \~ . \~ t~'1 \. q~ .. ~:~.J,./ ':..: e~:-r .. I ~ _.' .~. '" ,.)...~'" '<...,::..~.-?~w ~ S~.'~ .:3... _'i=llil$H. F'-ooll: /:....:\1.-= .1Z, 0"1 I>!,G,V.t:>. ~ .. ) ~ I- <: j .?, "'- () 0 0 N c ...q. C't.N't_I,-~~.Ef.E.o Gl.lNL!<r.t!TE. \!l 1- "? '!: +- ;" N .. Q ZI,3.3 1(,' ... ';7,5 +- \I} ~ ~ .../ . " ....r' " .' "1:1 Jo) /' c-H, '" ". ';', (~ ~, I' ~'S a.Od ~~ ... I ; J o I<) eo,'~ o A-VE .. 80.~DJ..L- ~ I (:0.<>0 -". /3'~NCH/'1....l'tt-r /.5 I"'-!r ",M,:L Eir.ry. = 4-.0(0 1V,6.~~~ L.. ......_ F.H. .,..~ E.OJ'._ Eag. Dr P-... T.O.B. . lap 01 e... - ~.""""''''1ID1 WiMd__...IId..t1.n~ ~_I. lE -U8IvEMI"*,,, rJE .1:Ir.....EMerN~1 CERTIFICATE 0 TIU..",.,. ~,........,..,.". l>'l. pIT1pef'fydNf:ribftdIN/'Nn __IDiIa. I.Indw my .t.pIIM'a"iarr."" IhtIr Ih. .lJIn)"""'''' the miMnurn fflchnal ."'ndardw nt forth by th. FirmeJrJ 801mJ 01 P_ L.ond S/J1V8yon in CIu.pI.r" 1 a '7 FIofkil Amnin(n-at,W Cod.. ~ ID SlK"fkln 412.021, f-JoricM S"'uu.Anct ",.f'll'M "~ ItMIIon ;, . frw Md lCCUf.t11 ~~Iort.btNlofmy knowI<<i~ and~. Subj8d *' no"" .nd not.1ions shown h....on. . .fO-.dODnc............ N.G.'l/.O. ....lIcIMIa.oaw,;Ywtc.lfo.""" o .. iFDUI'IIltrGn ~ P.C.P... PtwneNnl Cc:rlfd Port! FLOOD PLANE CERTIFICATION ACCORDING TO THE F.I.R.M. MAP, COMMUNI7Y. PANEL NUMBER: / IZ.QOC 7 Oli?P- D DATED: c: - .3 -.,/'w -..:J. poc..,. o~.s Si~ LI'" DRAWN BY: ~ DATE: It> -~o- " CHECKED BY: _ DATE: r 13"1Jk' UN ITecD,,,:U. rnr;: PROPERTY APPEARS TO BE FLOOD ZONE A e L- 'L FJ L SQ lit: t:l'- - -:2..0 -/0- .,()~ REG. #3667 =INGS ARE BASED ON THe<t. of F~^'" I l-l 6 0 ^ \J e. 13!' I N 6 . .-4 "1tJ. ~~. WIWA V. McALEAll S.RGE 2.s- E . 4 SECTION .2'1 .TWP ,.,. r..... ..~ ORI1ERFn RY /', I~i. ) ,-./ ,-.... ~ ,? SHEET / OF / ";\. . COLLI~ COUNTY EXPRESS PERMIT No.:ho~~/lWJ,~ ' GOVER(a:;cct5NMENT _ APPUCATlONJlORBUlL GPERMlT September 13, 2005 Page 36 of 36 COLLIER COUNTY. FlDRIDA 9"1~.14OO .Property I.D.:;J1C1..!Jtff Application D.te:_!!_L..~/~ Approval Date:---1---1_CS~ ALRF Aluminum Roof Over FlPS Pile SuJ'lftOlion Syllam SCWR. Screoo RoomIW ood Roof AWNO A-.iap-Rooidoalial FNCE F..... SDNG Sidilll!(ViayllAlumiDWIlfWood CHKE Chickee - SIP ODWD Slidilll Glu. DnorwlWil>clowo SEWL Seawal1lRip-np/N.../R""ain-EDg. Roq. CLST Combust Liquid Iter.. TIlIk INPT Rooldonlial Intorlor Wall SHED SIl' S"'"gc Sbad CRPT C.rpmt,'WoodlAluminlltlllC1lS lRRO Lo.... Sprlnkl.n SHRF SbinsWCompOlilo Roofing CTLR Tomp C<Ioolluction Tntllor LPGP PropIDC au Pipina ONLY SIITC SbuIlon - ClJIIImorcial DECK Wood Dock. LPGT PropcIe 011 Tlllk.llyNm SH'ffi Shultoro. Roaid.nlial DEMO DomoIili... MNEL Minor Electricll Work SLAB Concm. Slab DOCK DocI< Il Davill PLAL PIllDlbilla R.pliroIAltcrotiooa SLRH Solor Hoatios System EXHD ExhauIt Hood Syotam PWC Pilillp _ Comm.reill SPTK Septic Took lDo1allotioolRopU EXWL Exterior Will AIIorllion PLNG Pili,.. -lWidonl!ol SWRT s...... Top F ALR Fire AI..... Syotem POOL SIP Swimmi"8 PooIIS", TENT TOIII Erection FPMP Fi", Pump Syotem PRMV Pro....DYiq bIopoc:tion 'fLRF T~. RoofiD& FRFF Fireprooflllll REAC AlC RcpIooOD1CDl. 'l1'OL E'-icoJ Sotvic. FRWL Fire Bcrrior Will REPR RofIil.ralioa UG~'S UIO Prin:l& Fire SorvicefWllle< Maio FSl'K Fi", SpriokIer Syotem xxx SCCG S...... ElN:1oounIS""'1Il IIDof BCOT Coalmoroial Olhor FSPS Fm: Standpip. Sjlltem -;J. Soreen ~ Root' BROT Rooidedial Otbor RESIDENTIAL. USE lOCC CODE -~.. t:t i D I NON.RESIDENTIAL - USE I OCC CODE _998 - Expr.... R..idoati.t Olhor . 1"'0' _ 9'JI) - ~ NOll-IlAo.identill Other SreCJfy: ,fl t) Spe.,fy: _328 - Other Rooidelllial Buildinp fdBlV,.- \f ~Y.!B - 0lII<< Noo-RooicIoalial Boildi.... Shod I CoIpoct III 2 Funlly C' '1"" ' ,'" CooIor I F"'..... I Shed Sq/Ft ..., _ Specify: xxx 329 - StnIcluro. olbortboo buildings '29 _ Strucl-. other lhao Builcliap - Pool I So. w.U I Dock IF.... MOV 0 6 2 - F.... I Di.h! 80s wall I T.nk I T_~ Sq1Pl1824 IIDor SttuehJro S oj : Applicoal: . ClJI. "" Add",..: 149 flamingo ave. Ad......: S02-A SOUIH ROAD Ff.MYERS FL ,. _. ... - , ..- _1y:FT.MYERS FL 33919 SIlly-florid. Zip: 33907 ~:DARCEY JMULLAL Pboft. N_bor: ( 941 I 278-3211 17037.00 b 3S ~l) Fire Pion Review Fire !oIt*liOll Dot& ConVOlliOll DCAI _ _ TOTAL PERMIT FEE $ WARNINcr:WORK IN COUNTY RIGHT.Of.WAY 1111& perm~ does nolluthoriZe conIlIructilln or InIlIIllallon of e/l)' IlI'ucluIe or u1Hlty,lIbove or billow ground, within .ny right~f_y ore...melt reeerved _s, dreinlg. or utility purpo..s. Thll realrlcUon speclftcatly prohibIt "1IO~,lIprintler tytleml. IendlClplng-olher Ihln IOd, signa, weier, _r. ceble drllinage wort the..in. If .uclllmplllvemlnhllre ne_/y, e Hpal'lte p.rm" for that purpOl8 mUlt b. obtained from ProJ.ct R.vlew S.rvices, (ll~ l-l1~3-S' Property Owacr or Record: Addnt.:PO box 11448 City: napes PbOllO Namller: 513-9833 _ 99 Noli.. ofC<lmmc:oce _100 FDOli. _101 !'iI.C. 102 Grlde B.... _103 Slab _104 Tie Beam _107 She8IbiIl8 MellII P_ci. _101 FnaUIIl! _I 10 lio Down _I I I Roof"mB ill Propeso ~I I 5 F'maI &illin& _122 Spot Survey - 10 Days S.bdimi"", . -:-n. CON~~Jl..5 \J~~...~ Socti..: 7...,-- To....hip: Y"i limB.: '-,.- Bloot: U LotIP.....I:25 Uuit:_TrICl:_ Gen....al Location: 1234:5 6 7 8 91011 213 III lIJf. -133 Monolilllic SII. _ 134 Fiul Jloofin& _200 !'lumbiIlg Rough 20ITIIb ... 2038owerTop 204 Final Plumbing =20' 1rripli0ll _300 MocIIomcaJ Rouah Ale 301 FiaalMecbmicoI - 400 ROllllh 0.. --401 Final au SolbIcb - Front: _501 E;-.. Roup 502 Fiad E100lri0&1 _503 80rYicc ChIqo _506 Uadcr8f'lUDd Elect _61B FiaI Fin 619 PoUaliOD CootroI =-700 Pool SIMI.t GrouDd 701 Fiad Pool -702 Pool DedI; 800 Rishl....f-Way _101 Sil. DniDIll. _803 PIIIttIg Roor: T.AZ. 33 Zooilf!: yt.S F= - 3 Zoa.ios I DuilcIiDJ Elootri. EngD>.riDl '-- L- '-- $- $-3.00- '-- OWNER.BUILDER DISCLOSURE STATEMENT (D....Dlrd If Applicant Is nolan OWner-Bulldlr) Stele Lew and Collilr County Ordlnlnee requires cOllltruc:lion 10 b. doni by lIe.nud conlrllCto".lt you Ir. .pplyillg lor. p.nnll under an eremplion 10 Ihat Iew, Ihe Ixemplion allowa you, Ilthl own.r of 111. properly, 10 act II your own conlnlctor .ven though you do not have a license. You mutllup.rvlle lIle Elan you....tr. You may build or Implllv. . one-femlly or two-family ..aldlnee Dr I farm building. The building mUM be for your own use end cy. " mey not be bulb for sale or ...... If you uR or t.... . building you h.ve bulB your aeIt' WIthin on. (1) year .tte, the collB1ruc:lion I. complete. the will prnume Ihal you bulft" for Ale or I.a.., which 'I. violation of thll excaptlon. Moreovlr, an owner builder applying for, or r.ceivlng more than ODe (1) building p.nn~ for the IlOnalrucllon of a one-family or two-famlly dwelling In Iny thre. 18lr perlod aIIIl be prtm. fede .vldence 01 building I contracting wlhout a license which Is a violation of COllier Counly Code.1l1a your reaponllblllly to m.ke lure that p.ople .mployed by you have IIc.naee requlrecl by Il8te llIw Ind by county or municipal "een.. ordlnlnC.I. Any p.rson werlclng on your buIlding who II not lleenaed mull wort under your lupervlslon and mull be .mploy.d by you, which melns that you mull deduct F.I.C.A. end withholding ter Ind provld. wel1l.'" compeneetlon for Ihatemploye., III as pr.scrlbed bylew. Your construction must comply wtlh IUappllcable IIWS, ordinance., building C1ld.l, and zoning reguletlona. NOTICE- In addnlon to I"" noqlllrell1lln18 t>f th'- P-lI"It. IIHlre maY be Iddlllonll fIlllricllonl IDDRcabll1a thll arODertY !hili nIIV bII found In the public recontl. of ltris CountY arid 1l1ere mav be IIlIcllllOllllIDllrmlla reoulred from ether aovlrnm.nlalsnlUIeI IlICh n Wiler mann.ment CllIlIIc8. alate laaneJea or'fedentf'-- . wnm c.rtkatei:. I a~~ tf Appllcenl'l N.meICompany: HANSEN SCREEN ENCLOSURES Slale R~lclnIllon Ne. (if CoIllracto~: Seclal S.cu!fty Nll& OWn.r.bullder): f:::. ":ROAD 4 ~*,A" "91' ...110"" ,."017 "_,~,,u Dele J[--~ ~ lorldl.Cou"!3~Hler, -- Iv (J) 'ThlabuIIdQllJllrmn.allPic:tlllon w...ublcrtbed before me \hill day of IN €./\ ~~ .20 by . tT= ~. ~E/II . , Who II pareonlHy ~ to me or pnldul*! II identllcetlon.lnd who slated upon ~or lIIfIrmltlon (circle onl) Ihll he!.he haa reed lh. building permit .ppficaHnn. Ihllthe infermalion alKlltlt.menlS I building I*I"U .pplk:etlon are true 10 thl bell of hlllher 1cnowlIdge, Ind thelth. wort 10 be don. Islulhoriz.d by the owner. -....---- .~,. - NICHOLA: ~ _...~ ~ . My Com ,m Exp. WlloV,,,,"'l .... Ilonded By SeM:a !111 . . tG. a:670514 ,r.: )(r~.. lOOt ~ ;/lJL )J f;,qto 4ts {J '74u..o Agenda Item No. 8A September 13. 2005 Page 1 of 69 EXECUTIVE SUMMARY POOZ-A-2003-AR-4965; Crystal Lake POA Two, Inc., represented by Terry Kepple of Kepple Engineering, requesting an amendment to the Crystal Lake Planned Unit Development (POO) to revise the maximum area for a Park Trailer from 500 to 1,000 square feet; provide for construction of a fence on top of the berm located along Collier Boulevard (CR 951); and minor clean-up items in the POO language such as change in owner and preparer. The subject property is approximately 159 acres located on the east side of Collier Boulevard and approximately Y2 mile south of Immokalee Road (CR 846) in Section 26, Township 48 South, Range 26 East. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to amend the Planned Unit Development (PUD) as noted below and to make sure that the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: ......- The subject 159-acre PUD was approved in 1984 (Ordinance Number 84-73, amended by Ordinance Number 90-1 and Ordinance Number 94-61) and is a fully developed RV park, with tracts designated for amenities, storage and conservation, with a maximum of 490 lots. The Property Owners' Association (POA) feels that the needs of residents are changing and wish to accommodate the lot owners by allowing more flexibility in the structures permitted. The applicant wishes to amend the Crystal Lake PUD to allow residents to increase the maximum allowable size of Park Trailer models from 500 to 1,000 square feet. In addition, due to changing conditions on Collier Boulevard (CR 951), they also would like to permit a wall and increased buffering along the western edge of the property. Many other clean-up items were addressed in this application, including change of owner and preparer. A modification to the legal description is included to reflect the removal of a portion of the PUD that was sold and rezoned to be included in the Summit Lakes PUD in 2000. Originally, this amendment application was submitted to also increase the maximum number of units permitted within the PUD and initiate a land swap with a neighboring property owner. Due to staff review and concerns, these requests were removed from the petition. One deviation is proposed by the applicant, which is contained and explained within section 7.2.A.4 of the PUD document. The requested deviation is from LDC sections 5.03.02.B and 5.03.02.C, which state that fences and walls are to be measured from the ground elevation. This deviation would allow the wall height to be measured from the top of the berm as opposed to the ,_ ground elevation. The applicant has provided more landscaping than required by the Land Development Code on the western side of the wall in consideration of this request. The ,.,.""".' -.......... Agenda Item No. SA September 13, 2005 Page 2 of 69 deviation is considered necessary by the applicant due to the changing conditions in the surrounding area that have brought additional traffic to County Road 951. FISCAL IMPACT: The rezoning, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD is amended, a portion of the existing land could be redeveloped. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is located within the Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). This district allows Travel Trailer-Recreational Vehicle Parks at a density consistent with the Land Development Code, which in this case allows 12 units per acre. Because the use is allowed by the PUD within this district, the PUD may be found consistent with the Growth Management Plan. Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. The Department of Zoning and Land Development Review staff believes that the PUD document contains appropriate limitations to ensure that this project will be compatible with the existing development in the neighborhood, and therefore recommends that the petition be deemed consistent with that FLUE policy. ENVIRONMENTAL ISSUES: The amendment under consideration was originally submitted with the request of altering the PUD boundary to increase the size of the RV Park, which would have required Environmental Review staff to reject the petition due to preserve size and configuration. The request was altered to alleviate Environmental concerns. ,,- Agenda Item No. 8A September 13, 2005 Page 3 of 69 ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council (EAC) did not hear this petition, because the site is already impacted. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on August 4, 2005 and with a vote of 7-1 recommended to fOIWard this petition to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the following stipulations: 1. The maximum number of units allowed by the PUD be inclusive of those units stored within the CommonslRecreation area of the PUD; 2. A five-foot buffer shall be required along the edge of the area used for storage; 3. A five-foot wide easement along the entire western property line, immediately east of the 25-foot wide Canal Widening and Maintenance Easement shall be dedicated to Collier County, at no cost to the County, upon request, for the purpose of preventing the berm from encroaching into a sidewalk that may be installed within the existing easement. Stipulation one has been addressed by the applicant by adding language in sections 2.4 and 3.3 of the PUD document to clarify that only 490 habitable units are permitted within this development. This will continue to allow residents with a permanent structure on their lot to arrive by R V and store it onsite. Stipulation 2 is addressed by the current PUD document, within section 4.3.C, which requires a five-foot landscape buffer be maintained. The third stipulation is incorporated into the PUD document in section 9.5.L. In addition to the stipulations placed on the recommendation, the CCPC had a general discussion on the following topics: the total number of units; the uses allowed within the storage area and appropriate buffers of these uses; habitable units vs. stored units; detachable porches; the deviation requested regarding the landscape, berm and wall along the western side of the property; and the definition oftemporary residency. The Planning Commissioner voting in opposition expressed concern that the PUD was not adequately protecting future neighboring development from potential negative impacts caused by the storage of vehicles in the CommonslRecreation area on the north side of the property. Stipulation two was a result of this Commissioner's concerns, which has been addressed, as explained, within the PUD document. Because the CCPC vote to recommend approval was not unanimous, this petition cannot be placed on the Summary Agenda. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 of the ,...Ol._ - Agenda Item No. SA September 13, 2005 Page 4 of 69 LDC. These evaluations are completed as separate documents that were incorporated into the staff report. A summary of the legal considerations and findings recommended by staff are noted below: . The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the OMP. . The proposed land uses are compatible with the existing land use pattern. . The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the OMP. . The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. The Planning Commission, with its recommendation of approval, concurred with the above legal considerations and fmdings. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2003- AR-4965, which partially repeals Ordinance Number 84-73, as amended by Ordinance Number 90-1 and Ordinance Number 94-61, and adopt the revised Crystal Lake PUD Ordinance and PUD document attached hereto, noting that, in staff's opinion, the request is consistent with the OMP Future Land Use Element designation; and as further limited in the revised PUD document, the revised Master Plan, the uses allowed by this amendment will be consistent with Policy 5.4, that requires new development to be compatible with the surrounding uses. PREPARED BY: Heidi K. Williams, Principal Planner Department of Zoning and Land Development Review Item Number: Item Summary: Meeting Date: Agenda Item No SA September 13, 2005 Page 5 01 69 COLLIER COllNTY BOARD OF COUNTY COMMISSIONERS 8A Thit> item requires HH~t all participltnls be !Sworn in and ex palle disclosure be plOvided hy Commission members. PUDZ-A"2003-AR-4965 Crystal lake POA Two, inc., represented by Terry Kepple of Kepple Engineering, requesting a Planned Unit Development Amendment to revise the maximum area for fl Ptuk Trader from 500 to 1000 square leet: provide 10f construction of a fence or' top of the berm located illong Colliet Boulevard; and minor clean- up Items in thE' PUD language such as change in owner, and preparcr. The subject property is 1688 ac.-ell located at 14960 Colliet Boulevard in Section 26, Township 48 South. Range 26 East 9/1 Zl2005 9 :00:00 AM Principal Planner Oat. Prepared By Heidi WillialTls Community Development & Environmental Services Zoning & Land Development Review 8/19120052:20:46 PM Approved By Chll!1f Planner Dale Ray Bellowa Community Development & Environm~ntal Services lonlng & Ltmd Development Review 8119/20053:00 PM Dot. A)lprov~d By Constance A. Johnson Operation>> Analyst Community D(!>velopment & Community Development & Environmental Services EnvironnW'ntal Services Admin. 8/22/20058:52 AM Approved By Date Sandra Lea b;ecutive Secretary Community Development & Community Developmtlnt & Environmental Services Environmental Service6 Admin. 8/2l/loo5 9:00 AM Norm E. Feder, Alep Tran.portation Diviskln Adminl6trator Oat. Approved By Transportation Services Trlilnsportation Services Admin. 6!22f2005 4:36 PM OOMIc! L. Scott Transportation Pl.anning Director 0... Appruved By Tram;portation SerVICK Transporttltlon Plannmg 6/23/2005 1 :59 PM AIJproved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Dot. Zoning & Land Development Review Ul26f2005 12:46 PM Apllroved By Oat. Jos~ph K. Schmitt Community Devi1llopment & Environmtlntul Services Community Development & Environmental Sendco.. A.dminstratot Community Developmen1 & Environmental Services Admin, 8126/20057:43 PM PatrickG,White Assistant County Attorney 0,,. AII)lrond By County Attorney County Attorney Office 8f29!2005 3:58 PM OMS Coordinator Administrative Assistant Date AIJproved By County Manager's Offit::e Office 01 Management & Budget 813012005 10:50 AM Mark Isackson BlIdget Analyst Oat. Approved By County Managl':r's Office Office of ManagelTHmt & Budget 8130/200511:14 AM Michael Smykow5ki ManaglHnent & Budget Director Date AIJIJrovcd B)' county Manager's Office OffIce of Management & Budget 8/31"2005 3:36 PM James V. Mudd County Manager Oat. Approved By Board of County Commilisior1ers County MaFl.!:lger's Office 9/1/20057;28 PM J' AG~JlMM13.l(O. SA September 13, 2005 Page 6 of 69 Co..,. County ~~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: AUGUST 4, 2005 SUBJECT: PETITION PUDZ-A-2003-AR-4965; CRYSTAL LAKE PUD AGENT! APPLICANT: OWNER: Crystal Lake POA Two, Inc. 14960 Collier Blvd. Naples, FL 34119 AGENT: Terrance Kepple Kepple Engineering 3806 Exchange Ave Naples, FL 34104 REQUESTED ACTION: The petitioner is requesting an amendment to the Crystal Lake Planned Unit Development (PUD). ii This PUD Amendment proposes to change development standards for mobile homes and perimeter buffer fencing along Collier Boulevard. GEOGRAPmc LOCATION: The subject PUD is located on the east side of Collier Boulevard (CR 951), approximately ~ mile south of Immokalee Road (CR 846), in Section 26, Township 48 South, Range 26 East, Collier County, Florida. (See illustration on following page) PUDA-2003-AR-4965, Crystal Lake PUD <(LOCll ,IlQ..OtO -:l__ J 0 c0r- I E"- (I) (1),-01 ~ .....(I)C'Il -.00.. C'IlE "0(1) i ~ c:..... (l)Q. I 01(1) <(C/) I ~ I II 0.. I < I ~ ::E i .II rt\YG W ~ - .C/) I i ~ I 10 ~ CD G) .... . a:: <( la~ UK ~ I iii &f:I -- 0 ; 0 . N , N :rMlI III _ I Z:- c - ~ a.. .. z . g 0 .. l! !! . iii i.. ii. j: -;i ";i j: w bZ I I a.. w2 ~tc 00 :fg t I ; 8. 0.. !:! :2 ~ II -I, HII! i - 3i <C I I I ~ i i ~ I I I t z Z ..Ii g :: % g :: Ii e I I - ~ -~ ~ "YO <C ! I I () 0 I ! I =' "';i S! ;i e I I ...J -I !. R 1;1 · II I . I !! ~b I dN5 "Iiii - ill .. I -..-- li - .. ~ b II rl l:l ~I .1 ---,.--.--,"--,..,.-- ,"..",.,_.~--"., ^",,",~,--,..""""""-"-'" ,._~-'~_..- Agenda Item No. 8A September 13, 2005 Page 8 of 69 PURPOSEIDESCRIPTION OF PROJECT: The purpose of this petition is to amend the PUD to revise the maximum floor area for a Park Trailer from 500 to 1,000 square feet; provide for construction of a fence on top of the berm located along Collier Boulevard to protect residents from noise and visual impacts on Collier Boulevard; and minor clean-up items in the PUD language such as change in owner and preparer. The amendment would remove the definition of "Camping trailer" from section 3.2.D of the PUD document, and eliminate this as an allowable use in the Park Trailer/RV Development Tract, contained in section 3.4.A.3 of the POO document. The request was originally submitted to amend the boundary of the POO and increase the number of allowable units. Based on review comments the application was revised to eliminate that portion of the request. SURROUNDING LAND USE AND ZONING: Subject Parcel: The parcel is a developed trailer park. Surrounding- North: East: South: West: Residential, zoned Tuscany Cove PUD Undeveloped, zoned Rural Agriculture Future Multi-family residential, zoned Warm Springs PUD School, Residential, zoned Rural Agriculture and Indigo Lakes POO GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban _ Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). This district permits Travel Trailer-Recreational Vehicle Parks at a density consistent with the Land Development Code, which in this case allows 12 units per acre. Because the use is allowed by the PUD within this district, the POO may be found consistent with the Growth Management Plan. . " Transportation Element: The Transportation Department staff has reviewed the Trip . Generation Report submitted by the applicant and they have determined that the proposed amendment will not increase the site-generated trips. The Report was submitted vvith the initial amendment request, which would have added nine home sites. This aspect has been withdrawn, so there will be no additional use of the road network based on this amendment. lbis petition is found to be consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan. ANAL YSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in PUDA-2003-AR-4965, Crystal Lake PUD 3 Agenda Item No. 8A September 13, 2005 Page 9 of 69 Section 10.03.05.H and Section 10.02.13.E of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC also uses these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision- makers. Each of the potential impacts or considerations identified during the staff review is listed under each criterion noted and is summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B"). Environmental Analvsis: Environmental Services Staff has reviewed the petition and made minor revisions to the PUD document. The petition was not heard by the Environmental Advisory Council. Zonin~ and Land Development Review Analysis: Staff analysis of the proposed amendment to the Crystal Lake PUD fmds that the requested changes are consistent with Section 10.03.05.G of the Land Development Code. Specifically, the proposed uses are compatible with the Growth Management Plan and the existing land use pattern and traffic levels should not be adversely impacted. The proposed changes will not adversely influence living conditions in the neighborhood. Adequate public facilities are currently being provided for the PUD. The amendment proposes two deviations from the requirements of the Land Development Code. They are incorporated into the PUD Document in section 7.2.A.4, which explains that the deviations are intended to allow modification of the way that the fence providing a buffer from Collier Boulevard is measured and to allow the applicant to provide a Type B landscape buffer instead of a Type D buffer that would normally be required. The required Type D is a minimum of twenty feet wide and contains trees spaced no more than thirty feet apart, and a three-foot tall hedge. The Type B buffer requires a minimum of fifteen feet in width, a row of trees no more than thirty feet apart and a six-foot tall hedge or wall. The applicant has agreed to provide the additional plant material required by the Type B buffer to compensate for the consideration given to the proposed deviation of wall height measurement. Staff feels that du<.: to the changing conditions on CR 951, such as increased utilization of this roadway and the pending widening, this is a reasonable request that will benefit the residents of Crystal Lake PUD, while not impacting the health, safety or welfare of the neighboring community. A cross-section of the proposed buffer is attached to the PUD as Exhibit "B". Staff recommends that PUD section 3.5.F be rewritten to eliminate potential confusion during the permitting process. Recommended language would read: "F. MAXIMUM GROSS FLOOR AREA: 1) One thousand (1,000) square feet, exclusive of decks and porches, for HUD units, as defined by section 3.2.B of the PUD document. 2) Four hundred (400) square feet, exclusive of decks and porches, for ANSI A-119.5 units, as defined by section 3.2.B of the PUD document." PUDA-2003-AR-4965, Crystal Lake PUD 4 Agenda Item No. 8A September 13, 2005 Page 10 of 69 NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The petitioner held the required Neighborhood Information Meeting on April 21, 2004 at Crystal Lake Recreation Center, 5 :30 P.M. Approximately 120 individuals other than the agent for the applicant and County staff attended. Of those persons that spoke, most expressed concerns relative to the existing conservation designation of the subject's ten-acre parcel to the north and the uses that would be permitted as a result of an approved rezone. In response to questions from property owners, agent for the applicant, Mr. Terry Kepple said no "camping trailers" would be allowed. Some property owners stated a preference for the conservation designation. Mr. Ott, President of Crystal Lake POA Two, Inc. said, "Right now, we have all the storage necessary to service this community." Apparently the Board of Directors and the homeowners have divergent views regarding the proposed rezone. (Note: The applicant altered the PUD Amendment request after the NIM was held. The boundary change that was of concern during the NIM is not being pursued. This petition only addresses changes to the development standards, and not a boundary change as originally expected.) STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of APPROVAL of Petition PUDA-2003-AR-4965 amending Ordinance Number 84-73, as amended by Ordinance 90-1, as described by the adoption ordinance and exhibits thereto, the Crystal Lake PUD regulatory document. PUDA-2003-AR-4965, Crystal Lake PUD 5 Agenda Item No. 8A September 13, 2005 Page 11 of 69 PREPARED BY: ~ HEIDI K. WILLIAMS, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 1-'[GJ 05 DATE RE~WE.D BY: y~ 1IiqllbA~/ PATRICKG. WIDTE ~ ASSISTANT COUNTY ATTORNEY /L. -/tj~- z/11/p,S RA YMoNDl\r. BELLOWS, MANAGER ATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~~ . SUst'ANMURRAY,AICP,DIRE R . 'DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 7/t.I/dr I DATE APPROVED BY: Scheduled for the September 13, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings PUDA-2003-AR-4965, Crystal Lake PUD 6 Agenda Item No. SA September 13, 2005 Page 12 of 69 Exhibit" A " REZONE FINDINGS PETITION PUDZ-2005-AR-4965 Division IO.03.05.H of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in . - --_._.~------- - --.. -u--.-relation to the following, where applicable: - - - 1. - Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The subject property is designated Urban (Urban -Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Comprehensive Planning staff has deemed the proposed amendment to be consistent with this district. 2. The existing land use pattern. The subject property is located on the east side of Collier Boulevard (CR 951), approximately ~ mile south of the intersection with Immokalee Road (CR 846). The site is surrounded by residential, undeveloped and institutional uses. The current petition does not address the use of the land, but rather the development standards on it. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The petition does not change the use of the land. The current approved and developed use will not result in an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the Crystal Lake POO doesn't change the currently approved district boundaries that were previously deemed to be logically drawn in relation to existing conditions at the time the property was first rezoned to a PUD. PUDA-2003-AR-4965, Crystal Lake PUD 7 Agenda Item No. SA September 13, 2005 Page 13 of 69 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Collier Boulevard has been subject to growth in the area of Crystal Lake PUD. Due to this, residents feel a need to install additional buffering material along the road frontage, which was not permitted by the previously adopted PUD document. The residents of Crystal Lake PUD would also like to have the option of expanding their current homes. Development standards within the PUD prevented many of the - desired improvements. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendments would have no adverse impact on the neighboring communities. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Modification to existing units is not expected to increase the intensity of the development, and so would have no additional impacts on the road network. 8. Whether the proposed change will create a drainage problem. The Land Development Code specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in imd of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. PUDA-2003-AR-4965, Crystal Lake PUD 8 Agenda Item No. SA September 13, 2005 Page 14 of 69 9. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which they are located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. --- ---- - ---- -, 10. -whaliertlie propose'cr-chaiigeuwlIficfverseJy-' 8ITecTpropenyviliies -m -flie- U adjacent area. _ The development standards within the Crystal Lake PUD are appropriate. to the requested use of the land. They are designed to reduce potential conflicts between different types of development. Therefore, staff is of the opinion that this petition will not adversely affect property values. It should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning, however zoning by itself mayor may not affect values since value determination by law is driven by market value. 11. Whether the proposed change.will he a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Many of the surrounding properties are already developed. Those that are undeveloped are zoned for low-intensity residential, which is compatible when appropriately buffered from the existing residential use in Crystal Lake PUD. Staff does not feel that the proposed amendment will negatively impact development of the adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The Comprehensive Planning staff has determined that the proposed amendment to the Pun complies with the GMP. In light of this fact, the proposed PUD Amendment . does not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is currently developed and used in accordance with the existing PUD zoning. The proposed POO amendment does not propose an amendment to permitted uses, rather seeks to alter development standards of the currently approved uses. PUDA-2003-AR-4965, Crystal Lake PUD 9 Agenda Item No. 8A September 13, 2005 Page 15 of 69 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed amendment complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout Collier County. The amendment seeks to address the needs of current residents. .- -.. - .-. ... - .. _.-- - _. -_. - -_.~.- -- ---.- ----- .-.-..,.--.------..----..~----...- .. .-.,------- 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The permitted uses in Crystal Lake PUD have been deemed consistent with the Collier County Growth Management Plan. Permitted uses will not be altered beyond some of the development standards adopted by the PUD. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The subject property has been altered and developed in conformance with the applicable PUD and Land Development Code standards. Very little modification would be required to construct according to the proposed standards. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defmed and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. '- - A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and has found it consistent with the GMP. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. PUDA-2003-AR-4965, Crystal Lake PUD 10 Agenda Item No. 8A September 13, 2005 Page 16 of 69 Exhibit "B" FINDINGS FOR pun PUDZ-A-2005-AJR-4965 Section 1O.02.l3.B.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the POO Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. These elements are already utilized by the existing development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control of the subject site. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed uses are an integral part of the Crystal Lake development. They are an extension of existing uses, which will continue to provide adequate buffering to shield neighbors from potential impacts. PUDA-2003-AR-4965, Crystal Lake PUD 11 Agenda Item No. 8A September 13, 2005 Page 17 of 69 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in the PUD Document, the amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. ... - -GIven-the -fact-iliiit'tlli't-rystal Lake .PuD -Is -currently - under-development, . the timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Infrastructure is in place in the vicinity and is adequate for the level of development permitted. The proposed amendment does not increase the burden on these facilities. 8. Conformity with pun regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed amendment intends to adhere to the intent of the Land Development Code for this type of development. It seeks to alter certain regulations of the currently adopted PUD document. PUDA-2003-AR-4965, Crystal Lake PUD 12 Agenda Item No. SA September 13, 2005 P..agaJ a.of 69 PUDZ-A-2003-AR-4965 PROJECT # 2003100064 DATE: 12/24/2003 . FRED REISCHL APPLICA nON FOR PUBLIC HEARING FOR: DpUD REZONE (PUDZ) [JpUD TO PUD REZONE (PUDZ-A) Petition No.: Planner Assigned: Date Received: Commission District: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Crystal Lake POA Two. Inc. Applicant's Mailing Address 14960 Collier Blvd. City ^'I.-/ / jy- Zi -33t2tf v p- - Naples State FL Applicant's Telephone # 353-4212 Fax # Applicant's E-Mail Address: Name of Agent Terrance Kepple Firm Kepple Engineering Agent's Mailing Address 3806 Exchange Ave. City Naples State FL Zip 34104 Agent's Telephone # 403-1780 Fax # 403-1787 Agent's E-Mail Address: keienlrin@aol.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNlNG SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400IFAX (941) 643-6968 ADDlic:atiOD For Public: BeariD2 For PUB RI20DIt 8/29193 ~ Agenda Item No. SA September 13, 2005 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly Page 19 of 69 and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Crystal Lake POA Two. Inc Mailing Address 14960 Collier Blvd. City NaDles State FL Zip 33120 Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip 2 . Disclosure or Interest Information: a If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownmhip ADDlic.doD For Public He.rlM For PUD Rezone 8/29103 Agenda Item No, 8A September 13, 2005 b. If the property is owned by a CORPORATION, list the officers and stockholdetsgmdrthe69 percentage of stock owned by each. Name and Address, and Office Crvstal Lake POA Two. Inc Percentage of Stock (a not for profit corporation) Edwin L. Ott William Walker Claude Miller Janet Wiebke President Secretary Treasurer Director c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: ADDlicaCioll For Pablh: Hearillll' For P1JD RPDUU' 812910.1 Agenda Item No. SA September 13, 2005 f. If any contingency clause or contract tenns involve additional parties, list all iBdilf.i4Wds69 or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ( ) leased ( ): Term oflease yrs.lmos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed lenl descriotion of the prooertv covered bv the apolication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: _26_ Township: _48 S_ Range: _26 E_ Lot: Block: Subdivision: Plat Book_ Page #: Property I.D.#:_2958251 1056 Metes & Bounds Description: Set" I/"o';,,,,,,/&,, ; H I'll LJ . 4. Size ofproDertv: _ 4600_ft. X _1700_ft. = Total Sq. Ft. Acres 169 5. Addressl2eneralloeation of subiect nrooertv: 14960 Collier Blvd. 6. PUD District (LDC 2.2.20.4): M Residential 0 Community Facilities o Commercial 0 Industrial AoDlkatlOll For ..bile Heari. For PUB RezODe Bl29103 7. Adiacent zonin!! and land use: Zoning Land use N A V scant S PUD Conservation area E A V scant W R/W Canal & Collier Blvd Agenda Item No. SA September 13, 2005 Page 22 of 69 Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section: Township: Range: Lot: Block: Subdivision: Plat Book_ Page #: Property I.D.#: Metes & Bounds Description: 8. Rezone Reouest: This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). Present Use of the Property: Recreational vehicle Dark Proposed Use (or range of uses) of the property: Recreational vehicle Dark Original PUD Name: Crystal Lake Recreational Vehicle Resort Ordinance No.: 90-1 - - 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 2. 7.3.2.5) ADDlklltiOll For Public HeariH For PUD Rezcme 8IZ9103 Agenda Item No. 8A September 13, 2005 Page 23 of 69 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to a"angements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives andpolicies of the growth management plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of su"ounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, howevert many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use oetitions on the subiect Drooertv: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? ADDlleatloa For Public Burial( For PUD Rezone 1129113 Agenda Item No, SA September 13, 2005 11. Additional Submittal reouirements: In addition to this completed application, theffaliaWing 69 shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and ImmokaleelWater Sewer District, if in Immokalee) ofa24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). ADDliation For Public Hanu For PUD RezoH 8IZ9JOJ Agenda Item No. SA September 13, 2005 Page 25 of 69 f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. J. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (8) after (mal action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove aU public hearing advertising sign (s) immediately. ADDlicatioD Far Public Realill!! Far PUB R_e 8129!03 Agenda Item No, 8A September 13, 2005 Page 26 of 69 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST 1. NAME OF APPLICANT: Crystal Lake POA Two. Inc 2 . MAILING ADDRESS: 14960 Collier Blvd. CITY Na-ples STATE_FL ZIP 33120 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 14960 Collier Blvd 4. LEGAL DESCRIPTION: Section: _26_ Township: _48 S_ Range: _26E_ Lot: Block: Subdivision: Crystal Lake Subdivision Plat Book Page #: Property I.D.#:_29582511056 Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM ~ b. CITY UTILITY SYSTEM 0 c. FRANCmSED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGETREA~NTPLANT 0 (GPD capacity) · . SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) ~ o o D ADoIieatioD For Public Hearill2 For PUD RezoDe 8129103 Agenda Item No. SA September 13, 2005 Page 27 of 69 7. TOTAL POPULATION TO BE SERVED:_ 499 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK_8S gpm AVERAGE DAILY_49,OOO gpd_ B. SEWER-PEAK_8Sgpm_ AVERAGEDAlLY_49,OOOgpd_ 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: _Existin2 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. 1bis statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility ProviaiOD State.CDt RJM 10117/97 ADDli12t1on For Public H12riDI! For PUD RezoIle 81291U3 Agenda Item No. 8A September 13, 2005 Page 28 of 69 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Crystal Lake is an existing community with all infrastructure in place to serve the community, including connections to public water, sewer & roads. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. This PUD amendment is proposed by the property owners association to provide for minor changes desired by this community. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. This GMP allows development of this type in the urban residential subdistrict. The project is an existing PUD, permitted and designed in accordance with the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and bufftring and screening requirements. This community is existing, with the exception of two small 5 acre tracts on the north side. Buffering of these tracts will be the same as the existing developed parcel. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. All open space for the project has been designed and dedicated on the subdivision plats for this project. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements andfadlities, both public and private. 98% of the PUD is complete, at this time. The remaining area to be developed will depend on the desires of the property owners (property owner association) as the small undeveloped area is all owned by the association. 7. The ability of the subject property and of surrounding areas to accommodate expansion. No expansion of the subject property is proposed. The project is essentially built-out and the undeveloped area is controlled by the property owner association. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This project has been constructed in accordance with all applicable regulations. The minor changes to the PUD are to address changes requested by the property owners. AnDlicatioa For P.blie HeariDl! For PUB Rezoe 8/2911I3 9. Agenda Item No, 8A September 13, 2005 Deed Restrictions: The County is legally precluded from enforcing deed ~~69 however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subiect Brooem: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? )./ a . 11. Additional Submittal reauirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUl if affordable housing, Joyce Ernst, if residential and Immokalee/W ater Sewer District, if in Immokalee) ofa 24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], . required yards, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), . proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. ADDlieatiml For Public Hearl. For PUB JI,..mae 8129JU3 Agenda Item No. SA September 13, 2005 d. An Environmental Impact Statement (EIS), as required by Section 3.8. of~ hfiad69 Development Code (LDC) , or a request for waiver if appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet,. shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public bearing advertising sign (s) after final action is taken by the Board of County Commissionen. Based on the Board's final action on this item, please remove aD public bearing advertising sign (s) immediately. ADDlieatiOll For Public: Hearillt! For PUB AnoDe 8129103 Agenda Item No. 8A September 13, 2005 PUD REZONE APPLICATION Page 31 of 69 SUBMITTAL CHECKLIST TIDS COMPLETED CHECKLIST IS TO BE SUBMITfED WITH APPLICATION PACKETt REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed ApplicationIPUD documents 24* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* X 4. Pre-application notes/minutes 24* X s. Conceptual Site Plans 24* X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 X 10. Historical & Archaeological Surveyor Waiver Application 4 X 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. DApplication Fee - "pUD Rezone" = 55000 + 525 per acre DData Conversion = $25 ~PPlicatiOn Fee - "pUD to PUD Rezone" = 53000 , ata Conversion (pUD to PUD) = $15 Fire Code Review = $150 EIS Review = 51600 Check shall be made payable to: Collier County Board of Commissioners 14. An electronic venion of the PUD on a disk as part of the submittal oacket. 15. Affordable Housing Density Bonus Agreement including all 4 X Appendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 5 y 17. OTHER REQUIREMENTS: . Docwnents required for Long-Range Planning Review .1 additional copy if for affordable housing As the authorized agent/applicant for this petition, I attest that all of the infonnation indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. ~~ AgentJ Applicant Si f;/~7 Date ADoIialiOll For Public HelIn.1f FfII' PUB RI':ZOIle 81291113 Agenda Item No, SA September 13, 2005 Page 32 of 69 AFFIDA VIT Well, ~/""/., 1-, t7ij being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner WellfUrtherauthorize "kr""r" If~~ to aetas our/my representative in any matters regarding this Petition. P/~ C(yzr-- Signature of Property Owner Signature of Property Owner ~/if'/'" t. ~"''J fi.~,/A1-,--I Typed or Printed Nahre of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this JotJ day of ~ ,'" by ~,,~/' 1. t:'J1/' who is personally known to me or has produce , as identification. ,20~ ~~ (Signature of Notary Public - State of Florida) State of Florida County of Collier ?;.rr~///t' j,'~dT (Print, Type, or Stamp ommissioned Name of Notary Public) ~~ TERlWlCE L KEPPLE i. ;.\ MY COMMISSION 1/ DO 197229 "j EXPIRES: Mardi '0, 2007 . · Sonaed ThnJ NalIry PUlIic UndeIwrilon ADDlicatlo. For Public HearlH For PUD Rezoae 8/29103 ./ Agenda Item No. SA September 13, 2005 Page 33 of 69 JDRESSING CHECKLIST )lease complete the following and submi!~o the Addressing Section for Review. Not all items will apply to :very project. Items in bold type are requIred. t. Legal description of subject property or properties (copy of lengthy description may be attached) C"V1I'~/ t~#t' At< $t:'~rl Ph~ '1- 4- ,. "z.. (p - 4- C6 - -z.. Co t Folio (property ID) number(s) of above (attach to, or associate with, legal description if more t~an .one) 3. Street address or addresses (as applicable, if a/ready assigned) t Location map, showing exact location ofproject/site in relation to nearest public road right-of-way (attach) ;. Copy pfsurvey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 5. Proposed project name (if applicable) 7. Proposed Street names (ifapplicable) . ~. Site Development Plan Number (fOR EXISTING PROJECTS/SITES ONLY) SDP - . - Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) DSDP A (SDP Amendment) o SDPI (SDP Insubstantial Change) o SIP (Site Improvement Plan) o SIP A (SIP Amendment) o SNR (Street Name Change) PPL (plans & Plat Review) PSP (preliminary Subdivision Plat) FP (Final Plat) LLA (Lot Line Adjustment) BL (Blasting Permit) ROW (Right-of-Way Permit) 11: Please Check One: 0 Checklist is to be F.a;ced Back ~Personally Picked Up 12. ~pplicantName . pr",?,' /Yfd'T'. . Phone 'I~''''I/4''t? Fax 'It?J-/7<i17 13. SIgnature on Addressmg ChecklIst does not constItute Project and/or Street Name approval and is subject to further review by the Addressing Section. . FOR STAFF USE ONLY Primary Number c.G=.~ G. I AgQress Numb~ G" (..., 2:.. ! ~s Number ~f 7....;, f AuuCess Number ~ f '3(05 Approved by ~ ~ rY\ Date 5- 0 1-03 Revised 3-21-01 Agenda Item No 8A September 13. 2005 Page 34 of 69 ORDINANCE NO. 05-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORA TED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT "PUD" TO PLANNED UNIT DEVELOPMENT KNOWN AS THE CRYSTAL LAKE PUD, FOR PROPERTY LOCATED IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 168.8 ACRES; PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NUMBER 84-73, AS AMENDED BY ORDINANCE 90-1, THE EXISTING CRYSTAL LAKE PUD ORDINANCE; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Crystal Lake POA Two, Inc., represented by Terrance Kepple, of Kepple Engineering, has petitioned the Board of County Commissioners to change the zoning classification of the subject real property, pursuant to Petition PUD-2003-AR-4965. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the subject real property located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD," Planned Unit Development, in accordance with the additions and deletions to Ordinance Number 84-73, the Crystal Lake PUD as reflected in the PUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 84-73, as amended by Ordinance No. 90-1, known as the Crystal Lake PUD, adopted on October 9, 1984, by the Board of County Commissioners of Collier County, Florida, is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the Crystal Lake PUD Document attached hereto as Exhibit Words struck threugh are deleted; words underlined are added. Page 1 of 2 Agenda Item No. 8A September 13. 2005 Page 35 of 69 "A". All other provisions of Ordinance Number 84-73, as amended by Ordinance No. 90-1, shall remain in full force and effect. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of ,2005. A TIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Deputy Clerk Approved as to form and legal sufficiency: r~~~ Assistant County Attorney PUDA-2003-AR-496SIHW Isp Words stfliek tArol:.lgh are deleted; words underlined are added. Page 2 of 2 , Agenda Item No. 8A September 13, 2005 Page 36 of 69 CRYSTAL LAKE RECREATIONAL VEIDCLE SUBDMSION RESORT A PLANNED UNIT DEVELOPMENT ORDINANCE 84-73 AS AMENDED BY ORDINANCE 90-1 AND ORDINANCE 94-61 PREPARED FOR: CR YST'^LL L^~T(E JOINT VENTURE 2310 IMMOKALEE RO,-\D N.^J:>>LES, FLORIDA 33942 CRYSTAL LAKE POA Two. INC 14960 COLLIER BLVD. NAPLES. FL 34119 PREPARED BY: MC:'^LNL Y, ASHER AND .'\SSOCIfLTES, P.A. PROFESSIONfLL ENGINEERS, PL'\NNERS & L^LND SURVEYORS 5101 EAST T AMIAMI TR..^LIL SUITE 202 NAPLES, FLORIDA 33962 KEPPLE ENGINEERING. INC. 3806 EXCHANGE AVE NAPLES. FLORIDA 34104 DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINACE NUMBER Agenda Item No. 8A September 13, 2005 Page 37 of 69 TABLE OF CONTENTS PAGE LIST OF EXHIBITS I 1 STATEMENT OF COMPLIANCE 112 SECTION I PROPERTY OWNERSHIP & DESCRIPTION t-t- 3 SECTION n PROJECT DEVELOPMENT 2.-t- 5 SECTION In LOW DENSITY PARK TRAILER! RECREATIONAL VEmCLE DEVELOPMENT ~9 SECTION IV COMMONSIRECREATION AREA 4-l- 14 SECTION V CONSERVATION AREA e-l-- 17 SECTION VI LAKE AREA 6-t- 18 SECTION vn BUFFER AREA +-l- 19 SECTION VIII ROADSIRIGHT -OF-WAY 8-l- 21 SECTION IX DEVELOPMENTCO~TMENTS 94-22 Agenda Item No, 8A September 13, 2005 Page 38 of 69 LIST OF EXHIBITS EXHIBIT A Planned Unit Development Master Plan (prepared by Mcf.Jlly, l\Sfler and ^ . t n ^ '\ . LSSOCla es, r.~ L.) (Prepared by Kepple Engineering. Inc.) EXHIBIT B PlanRed Unit Deyelopmoot Tract Map Collier Blvd. Berm Detail 1 Words underlined are added. words stmek 1hrellgh are deleted. Agenda Item No. 8A September 13, 2005 Page 39 of 69 STATEMENT OF COMPLIANCE The development of approximately ..}..@ 159 acres of property in Collier County, as a Planned Unit Development known as Crystal Lake Recreational Vehicle Subdivision Resort is in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential and recreational facilities of Crystal Lake are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1) The subject property is within the Urban Residential Land Use Designations as identified on the Future Land Use Map as required in Objective 1, Policy 5.1, and Policy 5.3 of the Future Land Use Element. 2) The subject property's location in relation to existing or proposed community facilities and services permits the development's travel trailer/recreation vehicle density (490 units, ~ 3.07 units/acre) as required in Objective 2 of the Future Land Use Element. 3) The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4) Improvements are to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5) The project development will result in an efficient and economical extension of community facilities and services as required in Polices 3.1 G of the Future Land Use Element. 6) The project development incorporates natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 2 Words underlined are added, words !ltniek tmeagR are deleted. Agenda Item No, 8A September 13, 2005 Page 40 of 69 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE: The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Crystal Lake. 1.2 LEGAL DESCRIPTION: A Parcel of land located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, more particularly described as follows: Commencing at the Northwest Corner of Section 26, Township 48 South, Range 26 East, Collier County, Florida and run SOlO 27' 16" E along the Westerly Section line for 2678.28 feet to the West Quarter Comer of said Section 26; thence run S 890 12'06" E for 100 feet to the intersection with the Easterly Right of way line of a 100 foot canal easement and the POINT OF BEGINNING; thence run S 890 12'06" E for 3203.28 feet; thence run NOl029153"W for 1335.41 710.99 feet; thence run S89012'01" E for 660.47 660.75 feet; thence run S01030'26" E for 1335.40 706.73 feet; thence run S 89012'06" E for 660.64 feet; thence run SOl031'01" E for 1070.31 feet; thence run N89012'43" W for 1615.75 feet; thence run SOI027'53" E for 300.55 feet; thence run N 89012'00" W for 366.48 feet; thence run SOI027'14" E for 301.69 feet; thence run N8go13'24"W for 2542.51 feet to the intersection with the Easterly Right of Way line of said canal Easement: thence run NO I 029' 19 "W along said Right of Way line for 1673.77 feet to the POINT OF BEGINNING; subject to easements, restrictions and reservations of record, containing ~ 159.5 acres, more or less. 1.3 PROPERTY OWNERSHIP: The subject property is currently under the ownership of CRYSTAL L^..KE JOINT VENTURE, ajoiBt venture orgaflized under the laws of the State of Florida, the OW'Ber of the herem deseribed lands, by it's Maflag-ing Partner, LANDMARK MANAGEMENT COMPANY, me. CRYSTAL LAKE POA Two. INe. 3 Words underlined are added, words stmek through are deleted. Agenda Item No, SA September 13, 2005 Page 41 of 69 1.4 SHORT TITLE: This Ordinance shall be known and cited as the "Crystal Lake Planned Unit Development Ordinance." 1.5 GENERAL DESCRIPTION OF PROPERTY AREA: A. The project site is located in Section 26, Township 48 South, Range 26 East. Furthermore, the subject property is located on the east side of Collier Blvd. (County Road 951), approximately ~ mile south ofNaples-Immokalee Road (C.R. 846). B. The zoning classification of the subject property prior to the date of this amendment was PUD, Crystal Lake (Ordinance 84-73, as amended by Ordinance 90-1 and Ordinance 94-61 ). 1.6 PROJECT DISCRIPTION: The Crystal Lake PUD is being developed as park trailer/recreational vehicle (park/rv) development with associated facilities which may include, but shall not be limited to, convenience establishments of a commercial nature, clubhouses, swimming pools and decks, shuffleboard and tennis courts, storage, and landscaped open spaces; the individual lots shall be served with a full range of utilities including potable water, sanitary sewers, electricity, and additional services as may be deemed appropriate. A water management system shall be developed to serve the entire site, incorporating a large lake currently being excavated as a commercial fill pit, which will be phased out by November 1990. SECTION II 4 Words underlined are added, words struek thr.oogh are deleted. Agenda Item No. SA September 13, 2005 Page 42 of 69 PROJECT DEVELOPMENT 2.1 PURPOSE: The purpose of the Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for Crystal Lake. 2.2 GENERAL: A. Regulations for development of Crystal Lake POO shall be in accordance with the contents of this document, POO-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the tine of building permit application. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time this amendment is approved. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Crystal Lake POO shall become part of the regulations which govern the manner on which the POO site may be developed. 2.3 PROJECT PLAN LAND USE TRACTS: A. The project Master Plan, including layout of streets and general depiction of land use, is illustrated graphically by exhibit "A", PUD Master Development Plan. The project Tract map identifies approximate acreage and land use aftfle ',ariOllS tracts, aad is illustrated by Exhibit "B", PUD Tract Map. There shall be land use tracts, plus necessary water management lakes, and street rights-of-way, the general configuration of which is also illustrated by Exhibit" A". 5 Words underlined are added, words stmsk Ihr-eugh are deleted. Agenda Item No, 8A September 13, 2005 Page 43 of 69 TYPE UNITS ACREAGE +/- TRACT "A" Park/R.V. 490 41 TRACT "CR" CR 0 25 TRACT "CO" CO 0 19 TRACT "L" LAKES 0 60 TRACT "R" ROADIROW 0 14 B. Areas illustrated as lakes by Exhibit "A" shall be constructed lakes or, upon approval, parts there of may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A", and &hibit "B". C. In addition to the vanees areas aad speeifie items sae'.vB iB Exhibit "B", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY: A maximum of 490 habitable Park TrailerlRecreational Vehicle units shall be constructed in the total project area. The gross project area is approximately .J-e9. 159 acres. The gross project density, therefore, will be a maximum of3.07 2.95 Park TrailerlRecreational Vehicle unites per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS: Prior to the recording of the Record Plat, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the PUD Master Plan, Preliminary Subdivision Plat, and the platting laws of the State of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to PUD approval, Preliminary Subdivision Plat and Final Construction Plans with plat shall be submitted for each tract or parcel to be developed within the de>lel0f*Bent as identified on Exhibit "B", PUD Tract Map. All division of property shall be in compliance with the Subdivision Regulations as contained in Division 3.2 of the Land Development Code, except as provided herein. A. The developer of any tract or parcel approved for recreational or common 6 Words underlined are added, words struek tbfeagh are deleted. facility land uses shall be required to submit and receive approval of a preliminary site development plan in conformance with the requirements established within Division 3.3 of the Land Development Code, prior to the submittal of a final development plan for any portion of the tract or parcel. All recreation or common facility land must be identified on an approved plat prior to fmal site development plan approval. B. The developer of any tract or parcel approved for park trailer/recreational vehicle development shall be required to submit and receive approval of a Preliminary Subdivision Plat for that tract in conformance with requirements established with Division 3.2 of The Land Development Code, prior to the submittal of a Construction Plans and Plat for any portion of the tract or parcel. C. The developer of any tract must submit, where applicable, prior to a Building Permit, a detailed Site Development Plan for his tract or parcel in conformance with Division 3.3, Site Development Planes from the Collier County Land Development Code. His plan shall also show the location and size of access to any tract that does not abut a public street. D. In the event that any established tract as identified on the approved POO Master Plan and PUD Tract Map is proposed to be further divided in a manner that does not affect the approved infrastructure, increase the number of dwelling units, increase the density, change the dwelling unit type or change permitted uses within the tract, the developer shall submit a revised POO Tract Map indicating the division of the established tract prior to the submittal of Construction Plans & Plat for the development of such tract. The Tract Map shall, in addition to depicting the subdivided tract, indicate the newly created tract's acreage as well as the number of dwelling units assigned to the parcel. The revised POO Tract Map shall be submitted to the Current Planning Manager for review and approval. 2.6 GENERAL DESCRIPTION OF P ARK/RV DEVELOPMENT: Areas designated for park/rv land uses on Exhibit "A" are designated to accommodate a full range of park/rv types and customary accessory uses. Approximate acreages of all park/rv tracts have been indicated on Exhibit "A", and Exhibit "B", in order to indicate relative size and distribution of the park/rv uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of development plan approval in accordance with the Section 2.5. 2.7 DEDICATION AND MAINTENANCE OF COMMON FACILITIES: 7 Words underlined are added, words &tmek thr-oaga are deleted. Agenda Item No, 8A September 13, 2005 Page 44 of 69 Agenda Item No. SA September 13, 2005 Page 45 of 69 Easements shall be provided for water management areas, utilities and other pmposes as may be needed. Said easements and improvements shall be in compliance with the Collier County Subdivision Regulations, as contained in Division 3.2 of the Land Development Code. All necessary easement, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. A property owners organization shall be created and shall be assigned responsibility for operation, maintenance and management of all commonly owned lands, facilities and waters within the project. 2.8 PARK. TRAILER/RV RECREATIONAL VEIDCLE MODELS: Park trailer/recreational vehicle models shall be permitted in conjunction with the promotion of the development. Park/RV models may include dry models during the period of project development and sales. 2.9 VARIATIONS: Exceptions from the Subdivision Regulations shall be requested, reviewed and approved or denied at the time of Preliminary Subdivision Plat review. 8 Words underlined are added, words !ltniek throagh are deleted. Agenda Item No. 8A September 13, 2005 Page 46 of 69 SECTION III LOW DENSITY PARK TRAILER/RECREATIONAL VEHICLE DEVELOPMENT 3.1 PURPOSE: The pwpose of this section is to identify specific development standards for areas designated on Exhibit "B" as Tmet ,A~ ParkJRV. 3.2 DEFINITIONS: (taken frnm 1988 Supplement, Chapter 320.01, Definitions, geReral Florida Statu-tes) A. Recreational Vehicle: A unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has it's own motive power or is mounted on or drawn by another vehicle. B. Park Trailer: A transportable unit which has a body width not exceeding 14 feet and which is built on a single/multiple chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A- 119.5 standards, and 500 to 1.000 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. C. Travel Trailer (includes fifth-wheel travel trailer): A vehicular portable unit, mounted on wheels, of such a size and or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 8 ~ feet and an overall body length of no more than 40 feet when factory-equipped for the road. 9 Words underlined are added, words stroek lhfoogh are deleted. Agenda Item No, 8A September 13, 2005 Page 47 of 69 D. Ca.mping trailer: ,Ai. vehioo.lar portaele unit mounted OR wheels aOO. eonstrueted '.vith oollapsiele partial sidewalls whioh fold for to',.ing by aRother vehiele and mro Id at the eampsite to provide temporary liYing quarters for reoreatiooal, eamping, or trayel ese. D.E:- Motor Home: A vehicular unit which is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. 3.3 MAXIMUM DWELLING UNITS: The maximum number of habitable park trailer/recreational vehicle units allowed within the PUD shall be as follows: Tract A = 490 Total = 490 Tract = 490 3.4 USES PERMITTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Park Trailers: 2. Travel Trailers (including fifth-wheel trailers) 3. Camping Trailers 3.4.;- Motor Homes 4.~ Conversion Vans (with utility connection capability) 5.&: Another recreational unit not specifically mentioned above, that is designed to provide temporary or seasonal living quarters for recreational, or travel use. 7. Storage with appropriate screening or landscaping. 10 Words underlined are added, words stmek t1H:eegB are deleted.. Agenda Item No. 8A September 13, 2005 Page 48 of 69 B. Accessory Uses: I) One (1) caretakers residence in conjunction with the operation of the park ( may be a single family residence subject to the development standards of the RFS-5 Zoning District, as contained in the Collier County land Development Code in effect at the time construction permits are requested. Furthermore, any three (3) park/rv lots may be combined to satisfy this provision without being subject to Subsection 2.5.D. of this document. 2) Accessory uses and structures customarily associated with park trailer/recreational vehicle lots, including: (a) Utility sheds, attached or detached, not to exceed one hundred (100) square feet. (b) Screenhinyl eFlelosed porches, elevated or at ground level, not to exceed five hundred (500) square feet, with a roof which is part of the reereational '/ehicle unit, and '::hieh must be remo','ed '.vnen the recreational veme:;le U:IHt is ramo'led. 3.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards, set-backs, etc. shall be in relation to the individual parcel boundaries. B. MINIMUM LOT AREA: 2,800 square feet. C. MINIMUM AVERAGE LOT WIDTH: 1) Corner Lots: Forty-five (45) feet. 2) Interior Lots: Thirty-five (35) feet. D. MINIMUM YARDS: 1) Front Yard: Ten (10) feet. 2) Side Yard: Five (5) feet. 3) Rear Yard: Eight (8) feet. F. MAXIMUM GROSS FLOOR AREA: Five Handred (~ 1) One thousand (1,000) square feet, exclusive of decks and porches, for HUD units, as defined by section 3.2.B of the POO document. 2) Four hundred (400) square feet, exclusive of decks and porches, for ANSI A-119.5 units, as defined by section 3.2.B of the POO document. G. MAXIMUM HEIGHT 11 Words underlined are added. words stnlek tfu:eiigB are deleted. Agenda Item No. SA September 13, 2005 Page 49 of 69 1) Principal Structure - Fifteen (15) feet. 2) Accessory Structure - fifteen (15) feet. 3.6 FLOOD PLAIN ELEVATIONS: All park trailer/recreational vehicles and accessory structures shall meet flood plain elevation ifpermanentIy attached to the ground or utility facilities. 3.7 ANCHORING / SEWER, WATER AND ELECTRICAL CONNECTIONS: All park trailer/recreational vehicle units that are permanently installed shall be anchored in accordance with the standards set forth in the Collier County Mobile Home and Travel Trailer Ordinance for mobile homes, and be connected to a private or public water and sewer system. Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 3.8 PERMANERNT LOCATION OF PAR.KJRV UNITS: Park/recreational vehicles may be permanently located on a lot; however, no permanent residency is allowed. A covenant running with the land shall be recorded in the Public of Collier County referencing the PUD's restriction on permanent residency. Compliance with this provision shall be insured by utilizing the following enforcement measures: A. Lots Rented: For those parklRV lots that are rented, the park manager shall maintain a register of tenants or occupants of the park, nothing the duration of the rental arrangement. This register shall track the occupancy of the owned or renta110ts, and shall be provided to persons employed by Collier County, in an official capacity, upon their request. Failure to provide said register, duly describing the persons who have occupied a park/rv lot, and their occupancy shall be subject to the penalties prescribed by Collier County. B. Lots Sold: For those park/rv lots that are sold, the developer/owner of the lots shall include in the sales contract a notice that current zoning regulations prohibits the use of the lot for permanent occupancy. The new lot owner is responsible for registering his or her arrival and departure from their recreational residence with the manager of the park. Failure to register will hold the new lot owner responsible for any penalties imposed by Collier County. 3.9 PERMANENCY CONTINGENCY: If, after the approval of this PUD, Collier County adopts policy or ordinance to 12 Words underlined are added, words swek tRFe1:lgB are deleted. allow permanent occupancy of recreational vehicles in TTRVC or similar zoning districts, the provisions of Section 3.8 of this POO document may be applied in a manner similar to the conditions a subsequent Collier County amendment may impose on the permanent occupancy of dwelling units defined as recreational vehicles. 13 Words underlined are added, words !ltroek t1H-eagh are deleted. Agenda Item No. SA September 13, 2005 Page 50 of 69 SECTION IV COMMONSIRECREATION AREA 4.1 PURPOSE: The purpose of this Section is to set forth the development plan and development standards for the areas designated as Tract CR., CommonslRecreation Area 6B- Exhibit "B". The primary function and purpose of this Tract will be to provide aesthetically pleasing open areas, passive/active recreational areas, and use areas intended to satisfy the resident's basic needs for a quality recreational opportunity. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. 4.2 USES PERMITTED: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Structures which house social, administrative, or recreational facilities. 2) Lakes. 3) Signage for project identification or advertising. 4) Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to, or passage through the commons areas. 5) Docks, piers or other such facilities constructed for purposes of lake recreation, or mooring, or use of non-internal combustion lake recreation apparatus, used by residents of the project. 6) Utilities and drainage. 7) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. Agenda Item No. SA September 13, 2005 Page 51 of 69 8) ReereatioBal Vehicle Storage, limited to the recreational Outdoor storage for vehicles owned or leased by the residents of the Crystal Lake PUD. 14 Words underlined are added, words stIuek lhfe1igh are deleted. Agenda Item No. 8A September 13, 2005 Page 52 of 69 B. Accessory Uses: 1) Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for pmposes of maintenance, storage (including R V. storage), recreation or shelter with appropriate screening and landscaping. 2) Convenience establishments of a commercial nature, including but not limited to, stores, recreational vehicle sales, rentals and storage, laundry and dry cleaning agencies, beauty shops and barber shops, etc. shall be permitted subject to the following restrictions: Such establishments and the parking area primarily related to their operations shall not occupy more than five (5%) percent of the original project area (149 acres); shall be subordinated to the use and character of the park; shall be located, designed, and intended to serve the exclusive trade of the service needs of the persons residing in the park; and shall present no visible evidence of their commercial character from any portion of any public street or way outside the park. 4.3 DEVELOPMENT REGULA TrONS: A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of screened areas. B. All buildings, with the exception of the gatehouse, shall be setback a minimum of fifteen (15) feet from all tract boundaries. C. Buildings shall be set back a minimum of thirty-five (35) feet from abutting residentially zoned districts, and a minimum five (5) foot landscaped, maintained buffer shall be provided. D. Setbacks from preserve areas shall be 25 feet for principal structure and 10 feet for accessory structure. E. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare, or other interference. F. A Site Development Plan in compliance with these Development Regulations shall be required in accordance with Section 2.5 ofthis PUD document. G. Maximum Height: 1) Principal Structure: Thirty-five (35) feet. 15 Words underlined are added, words struek threugh are deleted. Agenda Item No, SA September 13, 2005 Page 53 of 69 2) Accessory Structure: Fifteen (15) feet. H. Minimum Off-Street Parking And Loading: 1) Recreational! Administrative Areas: One (1) space for each 200 square feet of gross floor area. 2) Convenience Commercial Areas: One (I) space for each 250 square feet of gross floor area. 3) Loading Areas: As required by the Land Development Code at the time of Final Site Development Plan approval. 16 Words underlined are added, words stmek tlH-oogh are deleted. SECTION V CONSERV A nON AREA 5.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract CO, Conservation Area OR EKhibit "B". The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in itls natural state. 5.2 USES PERMITTED: No structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I) Open Spaces/nature Preserves. 2) Hiking trails and boardwalks. 5.3 MINIMUM TRACT AREA A. 10,000 sf 5.4 SETBACKS A. 25 feet to Principle structure B. 10 feet to accessory structure 17 Words underlined are added. words strask thr-oiigR are deleted. Agenda Item No. SA September 13, 2005 Page 54 of 69 Agenda Item No. SA September 13, 2005 Page 55 of 69 SECTION VI LAKE AREA 6.1 PURPOSE: The purpose of this Section is to set fourth the development plan for areas designated as Tract L, lakes eB EKhibit "B". The primary function and purpose of this tract will be to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. 6.2 USES PERMITTED: No structure or part thereof, shall be erected altered or used., or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Lakes. 2) Storm water retention. B. Accessory Uses: 1) Irrigation. 2) Docks, piers or other such facilities constructed for purposes of lake recreation, or mooring, or use of non-internal combustion lake recreation apparatus, used by the residents of the project. 18 Words underlined are added, words stmek tlKaegh are deleted. Agenda Item No, SA September 13, 2005 Page 56 of 69 SECTION VII BUFFER AREA 7.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract B, Buffer Area OR EKhibit "B". The primary function and purpose of this Tract will be to protect recreational land uses from more intensive residential land uses, possible impacts from adjacent roadways and, or non- residential land uses. 7.2 USES PERMITTED: No structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Landscaped buffer in accordance with the Land Development Code in effect at the time the of Final Site Development Plan approval. Existing native plant types may be substituted for those plant types mentioned in the Land Development Code subject to Current Planning staff administrative approval. 2) Earthen berms: 3:1 minimum slope. Note: No earthen berm slope gradient shall be established within the canal easement and western buffer area. 3) Fences/walls: In accordance with the Land Development Code in effect at the time of Final Site Development Plan approval. ,except that the height of the wall or fence shall be measured from the final grade. including top of berm, if a landscape berm is provided. The maximum height of the fence shall be 4 feet as measured from final grade. 4) Deviation from LDC Section 5.03.02.B (fence height) and Section 5.03.02.C (height measurement from existing ground level). Deviation is requested to provide for both noise and visual buffer from Collier Blvd., which is planned for widening. The deviations will allow for construction a fence along Collier Blvd.. located on top of the berm and to allow measurement of the fence height to be from fmish grade rather than from natural ground (see 3 above). In consideration of this deviation. a type "B" landscape buffer would be provided along the right-of-way side of the fence. 19 Words underlined are added, words stmek tbroagh are deleted. Agenda Item No, SA September 13, 2005 Page 57 of 69 7.3 DEVELOPMENT REGULATIONS: A. Where the project abuts the c.R. 951 Right-Of-Way, a twenty-five (25) foot wide clear area shall be provided and maintained adjacent and parallel to the ROW. Furthermore, adjacent and to the east of the clear area, or the Canal Widening & Maintenance Easement, if required, a five (5) foot buffer shall be provided and maintained to effectively screen this project from the roadway. B. For those areas identified on Exhibit "B" as Tract B, other than those addressed in A above, shall be maintained with a minimum five (5) foot wide buffer strip. 20 Words underlined are added, words sffilek 1hfettgh are deleted. Agenda Item No. 8A September 13, 2005 Page 58 of 69 SECTION VIII ROADS/RIGHT -OF- WAY 8.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designed as Tract R, Roads/ Right-Of-way on Erllibit "B". The primary function and purpose of this tract will be to provide ingress and egress to the project and to the project's land uses. 8.2 USES PERMITTED: No structure, or part thereof, shall be constructed altered or used, or land uses, in whole or in part, for other than the following: A. Principal Uses: I) Private roads. 2) Sidewalks. B. Accessory Uses: I) Utility installations. 2) Water management facilities. 3) Landscaping, when approved by Development Services Staff. 4) Street lighting. 5) Any other use which the Current Planning manager determines to be appropriate and compatible with private roadways. 21 Words underlined are added, words stnlsk bl:lgh are deleted. Agenda Item No. 8A September 13, 2005 Page 59 of 69 SECTION IX DEVELOPMENT COMMITMENTS 9.1 PURPOSE: The purpose of this section is to set forth the development commitments for the development of the project. 9.2 GENERAL: All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official County Land Development Code shall apply to this project. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to develop in accordance with Exhibit "A", PUD Master Plan, and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey any successor or assignee in title, any commitments within this agreement. 9.3 PUDMASTERPLAN: A. Exhibit "A", PUD Master Plan illustrates the proposed development. Minor site alterations may be permitted subject to planning staff administrative approval. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 9.4 SCHEDULE OF DEVELOPMENT: A. A development plan shall be submitted, where required, for each phase of development identified in this Section. Applicability of the site development plan procedure to this PUD is set forth in Section 2.5 of this document. Crystal Lake PUD is planned to be developed on four (4) phases, over the next twelve (12) years, allowing three (3) years for the marketing and construction of each phase. Should marketing of the project prove to be favorable, the developer reserves the right to develop various phases simultaneously, and not be subject to separate platting procedures. 22 Words underlined are added, words ~tmek tltroagh are deleted. Agenda Item No. 8A September 13, 2005 Page 60 of 69 .^~ graphic depiction of the projeet's pbasing is illustrated on Exhibit "B", PUD Tmet map. The following table indicates the time frame proposed for each phase and corresponding park/rv lot count. Phase Estimated Completion # Park/RV Lots Phase I 1991 201 Phase II 1994 92 Phase III 1997 81 Phase IV 2000 116 Phase II is proposed to include and interim road for emergency access until such time is permitted loop road is constructed. Also, the developer will be required to construct a water main along the general route of the proposed loop road to interconnect with the temporary terminus of the Phase I water main if the system is not capable of serving the domestic and fire flow demands of Phase 1. Such looping will be facilitated through the creation of an easement which the road and water main may be located. The easemeBt will generally folIa....: within the Road /R..O.'.v. Tmct (Tract "R"), as indicated on Exhibit "B". 9.5 TRANSPORTATION AND ENGINEERING: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code (LDC) B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the fIrst CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Division 3.15. LDC, as it may be amended. E. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. F. All proposed median opening locations shall be in accordance with the Collier 23 Words underlined are added, words stmek ~h are deleted. Agenda Item No. 8A September 13, 2005 Page 61 of 69 County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. L. The five (5) foot wide buffer along the western property line. innediately east of the 25 foot wide canal widening and maintenance easement shall be provided to Collier County. at no cost to the County. upon request. for the purpose of preventing the berm from encroaching into a sidewalk that may be installed within the existing canal widening easement. 9.6 UTILITIES A. WATER AND SEWER: (Taken from the Agreement Sheet for PDA-89- 12.) 1) Water distribution, sewage collection and transmission and interim water and or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in 24 Words underlined are added, words await thr-oogh are deleted. accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 2) All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County, and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and lor sewer facilities are available to serve the project. 3) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and lor receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/ or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. 4) If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fie flow demand at a rate approved by the appropriate Fire Control District servicing the project area. 5) Water Facilities Looping and Stubs: The on-site water distribution system to serve the project shall be internally looped. During design of these facilities, the following features shall be incorporated into the distribution system: i. Unless it can be demonstrated that the system can properly flush, looping the internal pipeline network on cul-de-sacs longer than 800 feet shall eliminate dead-end mams. 11. Stubs for future system interconnection with adjacent 25 Words underlined are added, words struek throogh are deleted. Agenda Item No. SA September 13, 2005 Page 62 of 69 Agenda Item No, 8A September 13, 2005 Page 63 of 69 properties shall be provided to the east, south and north property lines ofthe project at locations to be mutually agreed to by the County and the Developer during the design phase of the project. 6) Sewer system connection when interim sewage treatment plant utilized: The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force main which will ultimately connect the project to the future central sewerage facilities of the District in the CR-95 1 Rights-Of-Way. The force main must be extended from the main on-site pump station to the Rights-Of-Way line CR -951 and capped. It must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. 7) Public Service Commission Service Territories: Prior to approval of construction documents by the County, the Developer must be present verification pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through it's water and sewer facilities. B. SOLID WASTE DISPOSAL: Arrangements and agreements shall be made with an approved solid waster disposal service to provide for solid waste collection service to all areas of the project. C. OTHER UTILITES: Telephone, power, and TV Cable service shall be made available to all residential areas. All such utility lines shall be installed underground. 9.7 WATER MANAGEMENT: A. Detailed grading, paving and site drainage plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by Project Review Services. 26 Words underlined are added. words stniek threl:1gh are deleted. Agenda Item No. 8A September 13, 2005 Page 64 of 69 B. Prior to the excavation on site, an excavation permit was issued pursuant to Ordinance 80-26, as amended. C. Modifications to the lake shall be done in accordance with excavation Permit No. 59.114. A revised plan shall be submitted and approved prior to any filling of the lake. D. In accordance with the rules of the South Florida Water Management District, (SFWMD) Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration, and a 25-year return frequency. E. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. 9.8 ENVIROMENT AL: A. The petitioner shall be subject to all environmental sections of the Collier County Land Development Code and Growth Management Plan Conservation and Costal Management Element at the time of the final development order approval. B. All exotic vegetation as listed in the Collier County Land Development Code (3.9.6.4.1) shall be eradicated for the preserves (or conservation areas) within six months of the approval of this PUD. C. This POO shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A habitat management plan for those species shall be submitted to environmental review staff for review and approval prior to Site Plan approval. D. All conservation areas shall be designated as tracts/easements with protective covenants. Easements shall be dedicated on the plat to the homeowner's association for ownership and maintenance and to Collier County with no responsibility for maintenance. E. All Category I invasive exotic plants. as defined by the Florida Exotic Pest Plant Council. shall be removed from within preserve areas and subsequent annual removal of these plant (in perpetuity) shall be the responsibility of the property owner. F. A preserve area management plan shall be provided to environmental staff for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species. fire management and maintenance. G. All approved Agency (SFWMD. ACOE. FFWCC) permits shall be submitted prior to final site plan/construction plan approval. H. Setback to preserve areas shall be in accordance with the setbacks provided in 27 Words underlined are added, words stmsk throogh are deleted. Agenda Item No, 8A September 13, 2005 Page 65 of 69 Sections III and IV of the PUD document. 9.9 ACCESSORY STRUCTURES: Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. 9.10 SIGNS: All signage shall be in accordance with the Collier County Land Development Code, in effect at the time of permit application. 9.11 LANDSCAPING FOR OFF-STREET PARKING AREAS: All landscaping for off-street parking areas shall be in accordance with the Collier County Land Development Code in effect at the time of Final Site Development Plan approval. 28 Words underlined are added, words SWEll. thr-oogb. are deleted. .. ..\...... ... .0... II" .. ... ... "'... ....... + ... ... *... .. "If ..... .. +...+...+++ ... ... ...... ............ ... . ~,. ... .... i...t .. .... .. .. <f .. ... +~...... ... ... "'... ... ... ...'" .. + ... ... ... -tD ... .+..."t +...+... ... .. .. .. .. .. .. ... ~+... .... .. .. ~ .. .. .. .. .. +....... .. .. .. .. .. .. .. .. .. .. .. .. ... ... ""'Qo +...""...+. .. .. .. .. .. LAND USE SU~MARY Tract Land Uee Ac_ l8Ilencl Tract ",." Park/R.V. 41 N::. - Tract "CR" Commone/Recreation In4 35 N:;. IIIIIIIIIIIIIII Tract "CO" eon.r..ation Area 19 N:;. ~ Tract "I." Lake In4 60 N::. c:::::::J Tract "R" _/R.O.W. 14 N::. ~ 1811 N::. ~ Exhibit "A" IIC.WI: 1"-1lllO' JljD 8/1/D8 ~.. In' ItI: APP'D In' ItI: PIlIDCr - Cyrstal lake Property Owners Assoc. Two Crystal Lake ~=- _ ~.t.... "~17B11 - .. - mLI Master Plan Agenda Item No. 8A September 13, 2005 Page 66 of 69 <:(L()Q') ~O<D . --'"':)",,"- J 0 -r-- .''l <D E""" w.....w _WOi -..ace ceEo... "OW e_ We.. OiW <:((1) . I ! ~ .. = : ~ .. lIS ! CO .... Il. .. ~ I~J .. ~ i +oJ I rI.l U .P""'l " ~. ..c .P""'l .q >< , ~ J,l! ! \ , \ , I , I , I ! I . 1 I J tII . u . .... u ~ :1 -- .. ytll D. C ::::l! c o :p c ~ \ \ 1 \ I \ I \ . B :5c.:.o g.!:.!! ';;;0- _D. .1j'O ~ 11'= ~ ilii'i. ==~u U J:.c .B!.. 2EI:>. !! .- ....!.o -]5 c..Q -g .. C:p 8....c~~..a .u 00==c==J:2 .. ~:C.- c 1:. ..og..!!cilii.!c: ~:g~.i.._8 E~8~...go!l5 Ectjo.!!-8c: Eo 0'6 g':!::!'ij;:' lIrll :g-~'iiii. 8 ~...: aN.~ Il"j..l:!! I I I I . 1 August 4, 2005 ~~~1~ Page 68 of 69 AUG 1 6 Z005 ZONING DEPARTMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 RE: Petition: POOZ-A-2003-AR-4965 Crystal Lake P.D.A. Two, Inc. Dear Ms. Heidi Williams, Please do not allow this petition to go any further! As long time property owners at Crystal Lake R. V. Resort, allow us to explain why we think this petition needs to come to a screeching halt! Crystal Lake R.V. Resort was designed, engineered, developed and its property sold off as an RV Resort. The resort consists of approximately 500 lots of which 199 of these lots now have park models on them. Some of the most exclusive lots were, when purchased and remain, deed restricted lots. These lots are for class A motor homes only. The reason it was done and individuals purchased these lots was to prevent park models from being built next door to them. What you don't know is, of the current 199 existing park models, approximately 87% of them have illegally been gutted without the "proper" County Building Permit being issued for the "type" of work being done. These units as they stand today are already 1000 square feet under roof. What Collier County Building Department did do, was issue a building permit for the second half of the park model to be built on site for use as a screen room or porch. As soon as the county building inspector signed off and final inspected said permit the same contractor the very next morning returned and began gutting the inside. He then removed the center load bearing wall along with other interior walls. The contractor then began a complete build out of the park models interior making changes to the plumbing, electrical, mechanical, the works, over the next eight to twelve weeks. It is this greater time and expense that we believe has kept park model construction in check. If this petition is approved; both halves of the park models come in prefabricated and equal 1000 square feet as requested in this petition. You should also know that the Crystal Lake Board of Directors in April of 2005 approved an additional 350 square feet of roof area and must be located at the rear of each unit. This covered area as outlined by the Board can only be used as a patio. Reading as we often do from time to time between the lines, we wonder how long it will take before it too is enclosed living space once again with no permit. Agenda Item No. 8A September 13, 2005 Page 69 of 69 An R.V. Resort needs fresh blood to stay healthy! That means lots for rent. Every year there are owners who for one reason or another are unable to come south. Typically it has been these RV lot owners who put their RV lot or lots in the RV lot rental pool here within the resort. It is from the rental ofRV lots we get new owners. However what's happening once RV owners reach an age they can no longer operate their RV, the RV is sold, then they by an inexpensive park model and place it on their RV lot, turning our RV Resort in to a Trailer Park Retirement Village. If this petition is granted and goes forward Crystal Lake R.V. Resort will be nothing more than a Trailer Park. What happens to those deed restricted lot owners we spoke of earlier, you know the exclusive, most expensive properties with in the resort. The ones restricted to class A motor home use only. It is these property owners who will be punished-inthe-~Please-help those ofus who are RVer's keep Crystal Lake an.R.V. Resort and not a Trailer Park! Sincerely, Concerned Property Owners cc: Michael J. Sheffield Collier County Manager's Office 3301 E. Tamiami Trail Naples, FL 34112 Mr. Jim Coletta County Commissioner Collier County Manager's Office 3301 E. Tamiami Trail Naples, FL 34112 Collier County Code Enforcement Collier County Manager's Office 3301 E. Tamjami Trail Naples, FL 34112 SECOND SUPPLEMENTAL EXECUTIVE SUMMARY Agenda Item No. 8B September 13. 2005 Page 1 of 143 PUDZ-A-2004-AR-5998: Collier County Board of County Commissioners, represented by Coastal Engineering Consultants, Inc., requesting a rezone from Planned Unit Development (PUD) to Community Facilities Planned Unit Development (CFPUD) for a project previously known as the Bembridge PUD, to change the name to the Bembridge Emergency Service Complex PUD, amend the previously approved PUD document and Master Plan to show a change in use from residential development and a church or a nursing home, to allow development of community facilities to include an Emergency Management Operations Center, other government facilities, and an existing Elementary School. The project consists of 39.82:1: acres and is located on Santa Barbara Boulevard, north of Davis Boulevard, in Section 4, Township ~O South, Range 26 East, Collier County, Florida. PROJECT STATUS: The Board of County Commissioners (BCC) originally heard this petition on May 24, 2005. At that time, the petitioner was proposing a five-story, 100- foot high structure to house the Collier County Emergency Operations Center (EOC) that would house a variety of County offices as well as the County's Emergency Management staff and a 200-foot high communication tower. The Calusa Park Elementary School was recognized as an existing use on the site and an approved EMS station (station #19) was also shown on the Master Plan. At the May 24, 2005 hearing, the Board's motion to approve this petition failed with Commissioners Coyle, Fiala and Henning voting against the motion. Commissioner Fiala stated she voted against the motion because she wanted the petition as it had been revised to be re- reviewed by the Collier County Planning Commission (CCPC); Commissioner Henning stated he voted against the petition "because of the lawsuits that I feel that is going to come forward because of the interpretation of essential services"; Commissioner Coyle did not offer any specific reasons for not supporting the motion. Following the denial of the petition, the Board agreed that the petitioner would submit required information to allow the petition to be reheard. On June 14, 2005, the Board voted to reconsider the petition and directed that the petition be placed on the July 26, 2005 agenda. At the July 26, 2005 hearing, the petitioner provided several different development scenarios for the project at the Santa Barbara Boulevard site, specifically revising the parameters for the EOC facility on the site. The height of the facility was reduced from the original five-story facility to show alternative building square footage potentials with a four-story or a three-story facility. The building height for the proposed EOC structure was reduced from the original 100 feet to 72 feet, and the proposed communication tower height was reduced from 200 feet to 175 feet. Additionally the applicant provided alternative designs for a three-story, 54-feet high structure with the 175-foot tall communication tower. Because the petitioner is Collier County Facilities Management staff acting in behalf of the Collier County Board of County Commissioners, the petitioner also provided information to the Board regarding the timing and cost changes that would be incurred if the EOC facility originally proposed for this site is modified to a three- or four- story structure. As part of the July 26, 2005 presentation, the petitioner provided information about another possible site for the EOC facility along Lely Cultural Parkway within the Lely Resort development. The Board granted authority to the County Manager to negotiate with the property owner of the Lely Resort site. _ The Board voted to continue this petition to September 13, 2005 to allow time for those negotiations to occur. The petitioner will make a presentation to the Board on September 13, 2005 regarding the Lely Resort site. Bembridge PUD, PUDZ-A-2004-AR-5998 Bee September 13. 2005 Page 1 of 3 Agenda Item No. 88 September 13, 2005 Page 2 of 143 Commissioner Fiala asked the petitioner to investigate the feasibility of locating the EOC facility at the landfill. The petitioner will provide information about the landfill site as part of the oral presentation on September 13, 2005. The petitioner has provided a revised PUD document that removes the EOC and the communication tower from the proposed PUD amendment, thinking that the BCC's direction to date indicates another site may be chosen for this facility. The proposed amendment would allow final action to be taken on the Bembridge PUD amendment petition on September 13, 2005 if the Board does not wish to include the EOC at this site. The petitioner's amendment recognizes the existing Calusa Park Elementary School that was constructed via a now out-dated school/county interlocal agreement, and the EMS Station #19 that has received County Site Development Plan approval and is under construction. The proposed PUD document addressing those two facilities could lessen confusion about the allowable uses on a site and the applicable development regulations for those uses. The subject property is currently governed by a PUD document that only sets forth residential uses and residential development regulations. The revised PUD document also would allow expansion of the existing school and possible construction of other school facilities. Property development regulations have been revised to address the change in scope and uses. The Master Plan to support the PUD document is still being prepared and will be provided to the Board of County Commissioners either at the September 13,2005 hearing or before if possible. SUPPLEMENTAL ANALYSIS: The petitioner has modified this PUD amendment application as noted above. The current proposal seeks to allow the expansion of the existing school and possible construction of another educational facility on Tracts A and C in compliance with the 2003 School Interlocal Agreement. The EMS station currently under construction would also be allowed as a principal use and that use would be limited to a maximum of 7,000 square feet. Maximum building height for all structures would be 40 feet/three stories (whichever is less) for principal structures and 30 feet for accessory structures. The petitioner was seeking several deviations that were applicable specifically to the EOC use; those deviations would no longer be required under the current PUD amendment. One deviation relates only to the school. As such, staff recommends that the Board approve that deviation if the PUD is amended as currently proposed. This deviation was discussed in the Executive Summary prepared for the May 24, 2005 Board of County Commissioners hearing. The discussion has been repeated below for ease of reference: Deviation F seeks relief from Subsection 5.06.06. C.l of the LDC - Signs, which limits the number of signs to one pole or ground sign, to allow Calusa Park Elementary School to have two ent,y signs, one of which will be a marquee sign. Staff recommendation: A ground sign currently exists that identifies the school, however, it is customaTY in Collier County for various entities to donate a marquee sign to each school. Approval of this deviation would allow Calusa Park Elementary School to retain their existing sign and have the marquee sign to transmit announcements about school activities. Staff recommends approval of this deviation for the school site only. All other uses must comply -with the LDC requirements. ,- The Planning Commission did not support the original amendment that included the EOC. The finding made in support of their denial recommendation stated, "The proposed change has been deemed inconsistent with Policy 5.4 because the uses and height proposed in this amendment are not compatible Bembridge PUD, PUDZ-A-2004-AR-5998 Bee September 13, 2005 Page 2 of 3 .-- Agenda Item No. 8B September 13, 2005 fi th . . , 'h h . Page3Qf143 with the neighborhood; there ore e petItion is InCOnsIstent WIt t e OMP." ThIS amended petltion IS not required to be re-heard by the CCPC unless it is remanded by the Board in an official action. Staff would only require a rehearing by the CCPC if the project was revised to be intensified after a prior CCPC recommendation was rendered, The proposed changes do not intensify the project. Reviewing the objections noted in the finding to support the CCPC denial, it seems that CCPC support might be forth- coming for the current proposal because the height has been considerably reduced and the use that seemed most objectionable has been removed. RECOMMENDA TION: Staff recommends approval of the revised PUD amendment as set forth in the PUD document revised on August 18, 2005, and offers the legal considerations noted in the May 24, 2005 Executive Summary in support of that recommendation. OR, IN THE ALTERNATIVE (if the EOC.use is approved at this site) Staff recommended approval of the PUD amendment petition (with the EOC facility) as noted in the original Executive Summary prepared for May 24, 2005, and maintains that position should the Board wish to include the EOC facility as part of any amendment approval in accordance with the Executive Summary prepared for the May 24, 2005 that included the full recommendation and the legal considerations to support that recommendation. PREPARED BY: Kay Deselem, AlCP, Principal Planner Department of Zoning & Land Development Review Bembridge PUD, PUDZ-A-2004-AR-5998 BCC September 13, 2005 Page 3 of 3 Item Number: Item Summary: Meeting O.te: Agenda Item No 138 September 13, 2005 Page 4 of 143 COLLIER COlJNTY BOARD OF COUNTY COMMISSIONERS as This item was continued from th€ Jllly 26. 2005 BCe meeting. Thi!, ilem requires that all participants be sworn in and ell parte disclosure be provided by Commission members PUOZ-A-200-4-AR-599B: Collier County Boord of County Commissioners. represented by Coastal Engineering Consul1ants, Inc., requesting II rezone fJ(Jm Planned Unit Development (PUDlto Community Facilities Planned Unit Development (CFPUD) tOJ a project previously known as the Bembridgc PUD. to change Ihe name to the Bcmbtidge Emergency Service Complex PUD. by <HT11!'\l(li\lg the previously approved PUD Document and Masiel PIHn to 6howa change in use from fl:siden1ial development and a church or a nursing home, to allow development of various public and community facilities to include an Emergency Manageme-nt Opelit1ions Center and other governmen1 fa(:ilitie6, arid to alluw for an ellisling elementary school and possible expllnsion 01 the existing school alld possible construction of additional educationai plants (schools). The projt:!ct consists of 39.82 acres and is located on Santa Barbara BouleVArd, north of Davis Boulevard (SR 84}, in Section 4, Township 50 South. Range 26 East, Collier Calmly, Florida. (This item Companion to Item 10H) 9/13120059:00:00 AM Date Prepared By Kay Deroelem, AICP Community Development & Environmental Services Principal Planner Zoning & Land Development Review 7rT/2005 4:22:44 PM Date Approved By Sandra L~a Executive Secretary Community Development & Community Development & Environmental Services Environmental Servlce$ Admin. 8/24120051:55 PM Approved By Norm E. Feder. AICP Dot. Transportation Services Transportation Division Administrator Transportation Services Admin. 8/2412005 4:21 PM Date Approved By Donald L. Scott Transportation Service. Transportation Planning Director Transportation Planning 8/25/20056:51 AM Date Approved By Cons.tllncc A. Johnson Operations Analys1 Comm~ml1y Development & Community Development & Environment"] Services Environment..1 Servicotl Admin 6/25/20069:25 AM Marjorie M. Student Dat. Appru\'ed By County Attorney Auist..nt County Attorney County Attorney Office 6/26120059:56 AM Approved By Ray Bellows Community O!!-vf.'lopment & Environmental Services Chief Plannsr Date Zoning & umd Development Review 8/2U/200511;Sl) AM Date AJlllroved By Susan Murray. Alep Community Development & Environmental Services Zoning & Land Development Director Zoning & Land Development Revif..'W 6/26/200512:43 PM Date Apllroved By Joseph K. SchmItt Community Development & Env;ronmentlll Services Community Development & Environmental Service$ Adminstrator Community Development & Environmental Services Admin, 8/2612005 3;56 PM Date Approved By OMB Coordinator County Manager's O1fice Administrative Assistant Office of Management & Budget al29r.l005 9;25 AM D;d, Appro\'cd By Mark Isackson County Manager's- Offico Budget Analys1 Office of Management & BUdget BIJOf2005 9;05 AM Da1e Appro\'cd By Michael Srnykowski County Manager<s Office Management & Budget Dire"tor Office of Management & Budget 8/31/200511:22 AM Dm, Apllrovcd By Ja~G V. Mudd B03rd of County Commillsioners- County Manager County Manager's Office 9/1120057:40 PM SUPPLEMENTAL EXECUTIVE SUMMARY Agenda Item No. 88 September 13, 2005 Page 5 of 143 POOZ-A-2004-AR-5998: Collier County Board of County Commissioners, represented by Coastal Engineering Consultants, Inc., requesting a rezone from Planned Unit Development (POO) to Community Facilities Planned Unit Development (CFPOO) for a project previously known as the Bembridge PUD, to change the name to the Bembridge Emergency Service Complex PUD, amend the previously approved PUD document and Master Plan to show a change in use from residential development and a church or a nursing home, to allow development of community facilities to include an Emergency Management Operations Center, other government facilities, and an existing Elementary School. The project consists of 39.82% acres and is located on Santa Barbara Boulevard, north of Davis Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. PROJECT STATUS: The Board of County Commissioners (BCC) originally heard this petition on May 24, 2005. The Executive Summary that was prepared for that hearing has been included in the information provided for this hearing. At the May 24, 2005 hearing, the BCC voted to deny this petition. However, a discussion ensued among the Board of County Commissioners and the County Attorney regarding how this petition could be re- addressed. It was determined that a motion to reconsider the petition could be entertained at the June 14, 2005 meeting, and if the BCC voted at that time in the affirmative, then the petition could be re-heard by the BCC at a date to be determined. On June 14,2005, a motion was passed to reconsider this petition on July 26, 2005. At that meeting, the Board also directed staff to provide more information about how EMS Station #19 received Site Development Plan approval at this location. SUPPLEMENTAL ANALYSIS: The petitioner has not modified the Pun application or plans since the Board heard this petition on May 24, 2005; therefore, no additional staff analysis regarding the POO amendment is warranted or needed. However, as noted above, during the reconsideration hearing on June 14,2005, the BCC directed staff to provide additional information regarding EMS Station 19 approvals. The EMS Station received Site Development Plan Approval (SDP) on May 4, 2004, in Petition 2003-AR-4786. A Conditional Use petition had been filed on April 24, 2003 but that petition was withdrawn based upon an August 12,2003 letter provided by the petitioner's agent setting forth a synopsis of a meeting that took place on August 4, 2003 with the agent and several staff members (copy attached). At that meeting, it was agreed that the Conditional Use petition was unnecessary to allow an Emergency Medical Station (EMS) at this site because that use was determined to be an Essential Services use pursuant to the Land Development Code in effect at that time. It is important to understand that LDC references to Essential Services has been amended several times in the last few years. Therefore, a review of current regulations could be interpreted differently. As noted in the August 12, 2005 letter, it was determined that the Emergency Operations Center would require an amendment to the POO however. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review Bembridge PUD, PUDZ-2004-AR-599B BCC July 26, 2005 Page 1 of 1 .. . COASTAL ENGINEERING . A CONSULTANTS .... INC RECErVED AUG : 5 2003 Agenda Item No. 88 Septe mbecEgGtbO.Q~rvlol!l' Pay\;; u '0'1 Tff"" Civil Engineering Planning ServlCEn Survey & Mapping Coo51al Engineering Reol Estate Appraisal Webslte: w'oIW.coostalengineering,com A CEC' GROUP COMPANY August 12,2003 Mr. Robin Meyer Principal Planner Collier Counl}' Plannjng Services Department 2800 North Horseshoe Drive Naples, Florida 34104 RE: CU-AR-4051 EMS #19 Dear Mr. Meyer: Thank you for taking time to meet with me on August 4 to discuss the petition for EMS #19 and the proposed Emergency Operations Center (EOC) facility, both to be located in the Bembridge Planned Unit Development (PUD). As we discussed on that day with MaIjorie Student, Assistant County Attorney, and Ray Bellows, Chief Planner, it is my understanding that the Conditional Use Petition for EMS #19 (CU-AR-40S1) can be withdrawn and the County's consulting engineer can proceed with the submittal of a Site Development Plan (SDP) for the facility. The reason for this is a clause in the Bembridge PUD which allows essential services as secondary or accessory uses. Since the EMS facility is classified as an essential service, we can proceed to the SDP phase. In contrast, it was the opinion of Ms. Student that an application or petition for the EOC facility would be preceded by an amendment to the PUD. The reason for this is the elimination of the primary use of the original PUD (a maximum of 279 residential units) with an existing elementary school, a proposed EMS facility, and an EOC facility~ My understanding is that Ms. Murray agrees with this opinion. Please let me know if any of the facts (as I understand them) in this letter are incorrect. If I do not hear anything to the contrary, I will assume that the County's consulting engineer can proceed with an SDP application for EMS #19 and I can begin the process of amending the PUD to ultimately allow construction of the EOC facility. 3106 S. Horseshoe Drive. Naples. Florida 3.cll 0.4 · Phone (239) 643.232.cl Fax (239) 643-1 143 . E-Mail: engcollier@cecifl.com SEF.l'ING FLDRICiA SINCE 1977 Mr. Robin Meyer August 12, 2003 Page 2 Agenda Item No. 88 September 13, 2005 COASTAL ENGINEERING CON~~I';fT~ fNCl Thank you again for your patience and understanding during this process. If you have any questions, please do not hesitate to contact me at (239) 643-2324 x120. Sincerely, r=:N;E~C:::;;'rNC' Vincent A. Cautero, AICP Vice President Planning Services cc: Jack Crognale, Collier County Facilities Mgmt Dept. Michael Faulhaber, AlA, BSSW Jim Carr, Agnoli Barber & Brundage Ray Bellows, Collier County Planning Services Marjorie Student, Esq., Collier County Attorney's Office Matt DuBois, TKW Engineering Marvin Scharf, AIA, Sharf & Associates, Inc. Jack Williams, AlA, Hanunond Jolly Clees Toppe Architects, .P.A. data 12002\023 /9\8-12-03 r myel' cu-ar-405J III' Agenda Item No. 88 September 13, 2005 Page 8 of 143 EXECUTIVE SUMMARY PUDZ-A-2004-AR-5998: Collier County Board of County Commissioners, represented by Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., requesting a rezone from Planned Unit Development (PUD) to Community Facilities Planned Unit Development (CFPUD) for a project previously known as the Bembridge PUD, to change the name to the Bembridge Emergency Service Complex PUD, amend the previously approved PUD document and Master Plan to show a change in use from residential development and a church or a nursing home, to allow development of community facilities to include an Emergency Management Operations Center, other government facilities, and an existing Elementary School. The project consists of 39.82% acres and is located on Santa Barbara Boulevard, north of Davis Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to amend the PUD as noted below and to make sure that the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner wishes to rezone the Bembridge Planned Unit Development (PUD), consisting of 39.59% acres from PUD to Community Facilities Planned Unit Development (CFPUD) for a project previously known as the Bembridge PUD, to change the name to the Bembridge Emergency Service Complex PUD; to amend the previously approved POO document and Master Plan to show a change in use from residential development and a church or a nursing home; and to allow development of community facilities to include an Emergency Management Operations Center (EOe), other government facilities, and an existing Elementary School (Calusa Park). The subject site currently is developed with the Calusa Park Elementary School in the most easterly portion, or rear, of the site, and a water retention pond in the middle of the site. The front portion of the site, along Santa Barbara Boulevard, is undeveloped except for the Emergency Medical Station # 19, which has already received county development (SDP-2003- AR-4786) approval and is under construction. Access is currently gained from one access point on Santa Barbara Boulevard. The original PUD document indicated the project would have been developed as a residential project with a maximum of 239 dwelling units, and a nursing home or a church. This project will not be developed with anything similar to that, thus the PUD document is a total rewrite of the previous PUD document. The school site and the water management areas encompass a large portion of the subject property, thus reducing the viability of the originally approved development scenario. It was determined that a strike thru and underline version of the PUD document would not be appropriate because the POO document is being completely changed. The current PUD document and Master Plan propose a multi-use community fucilities project BEMBRIDGE PUD, PUDZ-A-2004-AR-5998 EXECUTIVE SUMMARY Page 1 of 5 Agenda Item No. 8B September 13, 2005 Page 9 of 143 within three Tracts: A, B, and C. The existing school use has been included in the PUD and is shown on the Master Plan in Tract C, with allowance for expansion of that facility. Tract B is shown as a water management area. Tract A is shown on the Master Plan to be developed with two structures which are to accommodate various County government public safety offices, such as the County's Emergency Management Operations facility, and an approved emergency medical services facility. Other government uses are proposed for Tract A, as shown in Section 3.3 of the PUD document. A 175-foot-high communication tower (at the Collier County Planning Commission (CCPC) hearing this tower was proposed to be 200 feet high) is to be located in Tract A. The PUD document indicates that principal structures may be constructed to a maximum height of 72 feet (at the CCPC hearing the petitioner proposed a maximum height of 100 feet); and accessory structures excluding the communication tower, may be constructed to 50 feet. According to the Traffic Impact Statement (TIS) submitted as part of the application, the project proposes access from two full median openings on Santa Barbara Boulevard. One access point is along the existing Calusa Park Elementary School driveway. The other access point is proposed at the existing median cut on Santa Barbara Boulevard. Approval of the number, location and final design (full or partial median opening, right-in/right out) of access points will be determined at the development order stage, not the rezoning stage. Since the CCPC hearing on February 3, 2005, the petitioner has made revisions to the petition documents and addressed the concerns raised by the CCPC as noted in the April 21, 2005 letter from Harvard Jolly, the petitioner's architect (copy attached). As previously noted, the proposed heights of the communication tower and the EOC structure have been reduced. Additionally, the petitioner has reduced the list of deviations from an original total of eight that were sought when this petition was heard by the CCPC, to only seek approval of three deviations. The original letter designations for the deviations have been retained to avoid confusion regarding CCPC discussions about specific deviations. The remaining deviations are listed below, followed by staff's recommendation. The petitioner's List of Deviations with the rationale has been included in the attachments. Deviation B seeks relief from LDC Section 5.05.08.C.2.c.i of the LDC (amendments to this section of the LDC were adopted on November 10, 2004 by Ordinance Number 2004-72) which requires a 30 percent minimum window area for building facades facing collector and arterial roadways, to allow a 10 percent window area for the f~ade facing Santa Barbara Boulevard. Staff recommendation: The petitioner states that this deviation is justified because the principal structure needs to be fully operational during the most intense storm events. In addition, larger amounts of glass may be less than desirable for the safety of the building's occupants during those storm events. In the interest of increased safety, staff recommends approval of this deviation, subject to the stipulation that the deviation is only valid if the end user is the Emergency Operations Facility. All other uses must comply with the 30 percent requirement. Deviation D seeks relief from Subsection 4.06.02.C.l of the LDC, which requires a 10 foot wide Type A landscape buffer along the east boundary of ESC parking lot (school retention pond) to allow a 3 foot wide buffer. BEMBRIDGE PUD, PUDZ-A-2004-AR-5998 EXECUTIVE SUMMARY Page 2 of 5 Agenda Item No. 8B September 13, 2005 Page 10 of 143 Staff recommendation: The petitioner's justification indicates compliance with lake maintenance easement requirements would leave only a 3-foot-wide area for a buffer. A 3-foot wide area does not provide enough room to plant shade trees without creating the potential for future problem with root damage to adjacent parking lot paving, however staff notes that Sabal palms could be planted within 5 feet of the parking lot. Those palm trees should not damage the pavement, and would encroach into the easement only 2 feet. A minimal encroachment such as this should not hinder lake maintenance activities. If however, a conflict occurs, the petitioner has included a caveat recommended by county water management staff, that would require any landscaping that is removed as a result of maintenance of the lake to be replaced at the expense of the property owner. Additionally, the petitioner has agreed to increase the buffer width to 40 feet along Santa Barbara Boulevard as an offset. Staff supports this deviation request subject to the stipulation that the deviation is only valid if the end user is the Emergency Operations Facility. All other uses must comply with the LDC buffering requirements. Deviation F seeks relief from Subsection 5.06.06.C.l of the LDC - Signs, which limits the number of signs to one pole or ground sign, to allow Calusa Park Elementary School to have two entry signs, one of which will be a marquee sign. Staff recommendation: A ground sign currently exists that identifies the school, however, it is customary in Collier County for various entities to donate a marquee sign to each school. Approval of this deviation would allow Calusa Park Elementary School to retain their existing sign and have the marquee sign to transmit announcements about school activities. Staff recommends approval of this deviation for the school site only. All other uses must comply with the LDC requirements. FISCAL IMP ACT: The rezoning by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD is amended, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities, except that the uses proposed and the Community Facilities PUD proposed would allow public facilities uses rather than create an impact upon public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level Of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. BEMBRIDGE PUD, PUDZ-A-2004-AR-5998 EXECUTIVE SUMMARY Page 3 of 5 Agenda Item No. 88 September 13, 2005 Page 11 of 143 Please note that the inclusion of impact fees and taxes collected are for informational pwposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is located within the Urban (Urban Mixed-Use District, Urban Residential Subdistrict), and is within a residential density band, as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Relevant to this petition, the urban designation permits non-residential uses including recreation and open space uses, a variety of community facility uses, and essential services. Comprehensive Planning staff recommends that the uses proposed in the POO be deemed consistent with the FLUM designation. Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. Department of Zoning and Land Development Review staff believes that the PUD document contains appropriate limitations to ensure that this project will be compatible with the existing development in the neighborhood, and therefore recommends that the petition be deemed consistent with that FLUE policy. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns, but there are no environmental concerns because the site has been cleared. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council (EAC) did not hear this petition because the site is cleared. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on February 3, 2005, and by a vote of 8 to 1 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of denial. Commissioner Schiffer was the dissenting vote. Because the CCPC recommended denial and persons spoke and provided correspondence in opposition to the request, this petition cannot be placed on the Summary Agenda. The CCPC noted the following areas of concern: I. The petitioner did not have anyone present at the CCPC hearing to respond to questions about the land search and why this site is the only site for this use; and 2. The petitioner did not make adequate attempts to work with the residents of Countryside to address their concerns; and 3. The petitioner did not provide scale line-of-sight drawings; and 4. The petitioner did not provide an evaluation or show the communication tower on the renderings; and 5. The petitioner is seeking deviations on the site due to self-induced EMS site design constraints; and 6. The petitioner did not make adequate attempts to meet with the neighboring church to address their access issue. BEMBRIDGE PUD, PUDZ-A-2004-AR-5998 EXECUTIVE SUMMARY Page 4 of 5 Agenda Item No, 88 September 13, 2005 Page 12 of 143 LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed as separate documents that were incorporated into the staff report. A summary of the legal considerations and findings recommended by staff are noted below: . The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. . The proposed land uses are compatible with the existing land use pattern. . The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatIble with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. The Planning Commission, with its recommendation of denial made different legal considerations and findings, as noted below: . The proposed change has been deemed inconsistent with Policy 5.4 because the uses and height proposed in this amendment are not compatible with the neighborhood; therefore the petition is inconsistent with the GMP. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2004- AR-5998, which repeals Ordinance Number 98-86, and adopts the revised Bembridge PUD Ordinance and PUD document attached hereto, noting that, in staff's opinion, the request is consistent with the GMP Future Land Use Element designation; and as further limited in the revised PUD document, the revised Master Plan, and the revised list of deviations, the uses allowed by this amendment will be consistent with Policy 5.4, that requires new development to be compatible with the surrounding uses. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review BEMBRIDGE PUD, PUDZ-A-2004-AR-5998 EXECUTIVE SUMMARY Page 50f5 Agenda Item No. 88 September 13, 2005 Page 13 of 143 Co~T County '--~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBRUARY 3, 2005 SUBJECT: PETITION PUDZ-A-2004-AR-5998: BEMBRIDGE EMERGENCY SERVICE COMPLEX (ESC) COMMUNITY FACILITIES PUD APPLICANT: Mr. Skip Camp, Director Facilities Management Department Collier County Board of County Commissioners 3301 Tamiami Trail, East Naples, FL 34112 AGENT: Mr. Vincent A. Cautero, AICP Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 REOUESTED ACTION: The petitioner wishes to rezone the Bembridge Planned Unit Development (PUD), consisting of 39.59::f: acres from PUD to Community Facilities Planned Unit Development (CFPUD) for a project previously known as the Bembridge PUD, to change the name to the Bembridge Emergency Service Complex PUD; to amend the previously approved PUD document and Master Plan to show a change in use from residential development and a church or a nursing home; and to allow development of community facilities to include an Emergency Management Operations Center, other government facilities, and an existing Elementary School (Calusa Park). GEOGRAPIDC LOCATION: The project is located at 4590 and 4600 Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. (see location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject site currently is developed with the Calusa Park Elementary School in the most easterly portion, or rear, of the site, and a water retention pond in the middle of the site. The front portion of the site, along Santa Barbara Boulevard, has been cleared but is undeveloped. Access is currently gained from one access point on Santa Barbara Boulevard. G:\Current\Deselem\PUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3.doc Page 1 of 8 Agenda Item No. 88 September 13, 2005 Page 14 of 143 The original PUD document indicated the project would have been developed as a residential project with a maximum of 239 dwelling units, and a nursing home or a church. This project will not be developed with anything similar to that, thus the PUD document is a total rewrite of the previous PUD document. It was determined that a strike thru and underline version of the PUD document would not be appropriate because the PUD document is being drastically changed. The current PUD document and Master Plan propose a multi-use community facilities project within three Tracts: A, B, and C. The existing school use has been included in the PUD and is shown on the Master Plan in Tract C, with allowance for expansion of that facility. Tract B is shown as a water management area. Tract A is shown on the Master Plan to be developed with two structures which are to accommodate various County government public safety offices, such as the County's Emergency Management Operations facility, and an emergency medical services facility. Other government uses are proposed for Tract A, as shown in Section 3.3 of the PUD document. A 200-foot-high communication tower is to be located in Tract A. The PUD document indicates that principal structures may be constructed to a maximum height of 100 feet; and accessory structures excluding the communication tower, may be constructed to 50 feet. According to the TIS submitted as part of the application, the project proposes access from two full median openings on Santa Barbara Boulevard. One access point is along the existing Calusa Park Elementary School driveway. The other access point is proposed at the existing median cut on Santa Barbara Boulevard. Approval of the number, location and final design (full or partial median opening, right-in/right out) of access points will be determined at the development order stage, not the rezoning stage. SURROUNDING LAND USE AND ZONING: North: Santa Barbara Landings, a developed multi-family project currently zoned RMF-6, but proposed for rezoning in PUDZ-2003-AR-4493 to add 52 affordable housing units to the 248 existing dwelling units for a total of 300 dwelling units, and Plantation PUD, a built- out, 84:1:-acre, residential project, developed at 5 units per acre East: Wildwood Estates PUD, a 6():1:-acre partially developed residential project, approved at a density of 12 units per acre South: Shoppes at Santa Barbara PUD, developed with a 7-11 at the intersection, otherwise, undeveloped 18:1:-acre PUD; and PUD, the Neapolitan PUD, which is undeveloped, and the New Hope Ministries Church, currently zoned Agricultural with a Conditional Use to allow the church (The Neapolitan PUD and the Agricultural church parcel comprise the subject property in a pending PUD rezone request-PUDZ-2003-AR-360 I) West: Santa Barbara Boulevard, then golf course, lakes, and a developed multi-family portion of Countryside at Berkshire Lakes, zoned PUD (part of the Berkshire Lakes DRIIPUD) G:\Current\Deselem\PUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3,doc Page 2 rA 8 Agenda Item No. 88 September 13, 2005 Page 15 of 143 Pendin -currently zoned MF-6 AIICIO ~ (C.R. 8SB) 8RETONNE PARK (DRI) eERK SH IRE LAKES (DRI) :z w c,-'- 0 lie I ~ j me r- -' "2 z: -< 1!:S S m ~!-' Cl.. <'i " .... 8Ehl6RIDGE SE,ol,CREST UPPER 8 AND Excerpt from PUD Map GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is located within the Urban (Urban Mixed- Use District, Urban Residential Subdistrict), and is within a residential density band, as identified on the Future Land Use Map (FLUE) of the Growth Management Plan (GMP). Relevant to this petition, the urban designation permits non-residential uses including recreation and open space uses, a variety of community facility uses, and essential services. Comprehensive Planning staff recommends that the uses proposed in the PUD be deemed consistent with the FLUE designation. FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. Department of Zoning and Land Development Review staff believes that the PUD document contains appropriate limitations to ensure that this project will be compatible with the existing development in the neighborhood, and therefore recommends that the petition be deemed consistent with that FLUE policy. Transportation Element: Transportation staff has determined that this petition is consistent with the GMP Transportation Element Policies 5.1 and 5.2 because there are no roadways that are projected to operate below the adopted level of service standard with the proposed improvements, therefore the project will not have an adverse impact on any roadway. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 1O.02.13.B.5 of the Land Development Code and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of G:\Current\Deselem\PUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3.doc Page 3 eX 8 Agenda Item No, 88 September 13, 2005 Page 16 of 143 staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn, use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B"). Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. Environmental issues have been adequately addressed in the PUD document. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document that accompanies the request. The applicant has incorporated Transportation staff's revisions within the PUD document. Utility Review: The Utilities Division staff has reviewed the petition and the PUD document and has stated that approval of this petition is subject to application for, and conditions associated with a "Water and Sewer Availability Letter" from the Collier County Utilities Division. The Utilities Division notes that a 16-inch water transmission line and a 20-inch sewer force main exist along Santa Barbara Boulevard. Zoning Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved and to the requirement or limitations set forth in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The proposed uses, as limited in the PUD document, are consistent with the GMP, and should be compatible with the land uses that have been developed on adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and the Master Plan, the site will be separated from other development by the buffers required by the LDC along the north, south, and east boundaries, and Santa Barbara Boulevard separates this project from the residential uses within Countryside at Berkshire Lakes. The petitioner is seeking deviations from the buffering requirements, but staff believes the site design for the ESC, coupled with the separation distance provided by the existing school's entrance along the north boundary, the existing school's location along the western boundary, and the proposed 6-laning of Santa Barbara Boulevard make approval of the deviations appropriate, because there appears to be ample separation distance from the proposed buildings to any surrounding residential structure, thus somewhat negating the effect any buffering would provide anyway. The PUD document for this project proposes a maximum building height of 100 feet for principal structures which, in accordance with the commitments staff believes were made by the petitioner' agents at the Neighborhood Information Meeting (NIM), would be further limited to a maximum of 5 stories (See NIM discussion later in this staff report.). Staff believes a IOO-foot tall structure in the project's current design would be appropriate given the separation distances G:\Current\Deselem\PUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3.doc Page 4 of 8 Agenda Item No. 88 September 13, 2005 Page 17 of 143 to the residential uses. Deviation Discussion: The petitioner is seeking several deviations and has included the deviations in the PUD document in Section 4.13. The petitioner has provided justification in support of the deviations, which has been included in the application package. Staff has analyzed the deviations in compliance with LDC Sections (LDC Sections 10.02. 13.A.2.v. and 10.02.13.B.5.h.) and provides the analyses and recommendations below. Deviation A seeks relief from LDC Section 5.03.02 which limits the height of a fence to a maximum of 4 feet, to allow a maximum of an 8-foot high fence to be erected along the Emergency Services Complex boundaries. The justification provided by the petitioner for this deviation states, "we request that the security fence at the perimeter of the property line containing the Emergency Services Complex be 8 foot high. We propose building a landscaped berm, similar to that at gated communities, in the right-of-way adjacent to Santa Barbara Blvd" This language is ambiguous. Staff would be unable to determine compliance, because gated community entrances do not meet any certain standard; the designs are subjective. Buffers are not normally placed within the right-of-way, which is the location proposed in the petitioner's justification. The petitioner has not stated what materials are proposed; staff believes it appropriate to prohibit barbed wire materials because barbed wire would not be complementary to the residential character of the neighborhood. Staff therefore proposes the following language to clarify the augmented berm requirement offered by the petitioner, and to prohibit the fence or berm's location within the right-of-way, and prohibit barbed wire. With the limitations below, staff recommends approval of the deviation. The developer must provide a two to three foot high undulating berm within a 20- foot wide type B buffer augmented with ground covers, other than grass, in the amount of 25 percent of the landscape buffer area along the entire frontage of Santa Barbara Boulevard. The buffer must be provided along the street side of the fence. Barbed wire fencing material is prohibited. The berm and fence must be provided entirely on the subject property. No improvements can occur within the road rights-of-way. Deviation B seeks relief from LDC Section 5.05.08.C.2.c.i of the LDC (amendments to this section of the LDC were adopted on November 10, 2004 by Ordinance Number 2004-72) which requires a 30 percent minimum window area for building facades facing collector and arterial roadways, to allow 10 percent window area for the fayade facing Santa Barbara Boulevard. The petitioner states that this deviation is justified because the principal structure needs to be fully operational during the most intense storm events. Larger amounts of glass may be less than desirable for the safety of the building's occupants during those storm events. For comparison, industrial buildings are allowed to have a minimum of 10 percent window area, so there is a standard for that amount within the LDC. In the interest of increased safety, staff recommends approval of this deviation, subject to the stipulation that the deviation is only valid if the end user is the Emergency Operations Facility. All other uses must comply with the 30 percent requirement. G:\Current\Deselem\PUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3.doc Page 5 cA 8 Agenda Item No, 88 September 13, 2005 Page 18 of 143 Deviation C seeks relief from Subsection 4.06.02.C.lofthe LDC, which requires a IO-foot wide Type B landscape buffer along the north boundary of Emergency Services Complex (ESC) parking lot, to allow a buffer that is an average of 7 feet wide to be placed along the north boundary. The petitioner's agent states that with the current development proposal, the proposed 7-foot-wide (average) buffer is the maximum size buffer that can be accommodated in this area between the edge of pavement and the tract boundary. The average width is just over 7 feet wide. The developer has agreed to plant a single row of shade trees and a double staggered row of shrubs to create an adequate buffer along the school's internal access road without adding to the off-tract maintenance requirements by expanding the buffer north of the tract boundary. Staff supports this deviation request subject to the stipulation that the deviation is only valid if the end user is the Emergency Operations Facility. All other uses must comply with the LDC buffering requirements. Deviation D seeks relief from Subsection 4.06.02.C.l of the LDC, which requires a 10 foot wide Type B landscape buffer along the east boundary of ESC parking lot to allow a 3-foot wide buffer that will consist of a single row hedge. The petitioner's agent states compliance with lake maintenance easement requirements leaves only a 3-foot-wide area for a buffer. A 3-foot wide area does not provide enough room to plant shade trees without creating the potential for future problem with root damage to paving, however staff notes that Sabal palms could be planted within 5 feet of the parking lot. Those palm trees should not damage the pavement, and would encroach into the easement only 2 feet. A minimal encroachment such as this should not hinder lake maintenance activities. If however, a conflict occurs, the petitioner has included a caveat recommended by county water management staff, that would require any landscaping that is removed as a result of maintenance of the lake to be replaced at the expense of the property owner. Staff supports this deviation request subject to the stipulation that the deviation is only valid if the end user is the Emergency Operations Facility. All other uses must comply with the LDC buffering requirements. Deviation E seeks relief from Subsection 4.06.02.C.I of the LDC, which requires a 20-foot wide buffer along the entire western property boundary, to allow a lO-foot wide type B buffer at the project's proposed southwestern entrance to make allowance for an existing easement. The petitioner states there is not sufficient room for a full 20-foot wide buffer between the edge of pavement and west tract boundary. The PUD states that a buffer with a single row of shade trees and a double staggered row hedge will be provided and trees and shrubs will be provided on a berm located between parallel drainage swales. Staff supports this deviation request subject to the stipulation that the deviation is only valid if the end user is the Emergency Operations Facility. All other uses must comply with the LDC buffering requirements. Deviation F seeks relief from LDC Section 5.06.06.C.l. which allows one pole or ground sign for the school site, to allow the school to have two signs, one ground sign and one marquee sign. A ground sign currently exists that identifies the school, however, it is customary in Collier County for various entities to donate a marquee sign to each school. Approval of this deviation would allow Calusa Park Elementary School to retain their existing sign and have the marquee sign to carry announcements about school activities. Staff recommends approval of this deviation for the school site only. All other uses must comply with the LDC requirements. G:\Current\Deselem\PUD RezoneslBembridge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3.doc Page 6 of 8 Agenda Item No, 8B September 13, 2005 Page 19 of 143 Deviation G seeks relief from LDC Section 5.05.C.3.iiLa. (amendments to this section of the LDC were adopted on November 10, 2004 by Ordinance Number 2004-72) the architectural massing requirements, which requires buildings over 40,000 square foot to provide a minimum lO-foot projection and recess depth, to allow a minimum projection depth of 3 feet. The 3-foot requirement is the previously acceptable standard. The petitioner's agent has noted that the plans for the facility were prepared using the standards in effect at the time, and those plans are nearly complete. Staff supports this deviation request subject to the stipulation that the deviation is only valid if the end user is the Emergency Operations Facility. All other uses must comply with the LDC massing requirements. NEIGHBORHOOD INFORMATION MEETING: The petitioner's agents held the Neighborhood Information Meeting on August 10, 2004 at 5:30 P.M. at Collier County Domestic Animal Services facility conference room on Davis Boulevard. The meeting was attended by approximately fifteen individuals, including agents for the applicant and county staff. Of those persons who spoke, most expressed no opposition to the proposed rezone and proposed emergency operations center. However, a person who identified himself as a Countryside Homeowners Association spokesman stated opposition to the proposed facility. The following statements were made by the applicant's agent, Mr. Vincent Cautero of Coastal Engineering Consultants, Inc: . Emergency Services Complex to consist of two buildings . The Emergency Services Complex main building will be a maximum of 117,000 to120,000 square feet [clarified by agent-there will also will be a 5,000 square foot EMS facility] . Access from Santa Barbara Boulevard . Maximum building height for the ESC will be four stories [The agent responded to staffs summation in a September 2, 2004 letter, offering a clarification to the building height. The agent noted in the letter that the petitioner is actually seeking a maximum height of 5 stories; staff notes the petitioner's architect was describing the ESC building which was proposed to be a maximum of four stories high; which should not have been construed as an overall project maximum building height.] . 200-foot tall communications tower . Setbacks (from residential neighbors) 50 feet or ~ the height of building, whichever is greater . No outside training · No heliport . One ambulance initially (Additional units may be added later) (Synopsis of the NIM provided by Linda Bedtelyon, Community Planning Coordinator) STAFF RECOMMENDATION: Zoning & Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-2004-AR-5998 to the Board of County Commissioners with a recommendation that this petition be deemed consistent with the GMP, and further that the rezoning request from the Rural Agricultural zoning district to CFPUD be approved, with the limitations contained in the PUD document. G:\Current\Deselem\PUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3.doc Page 7 of 8 Agenda Item No. 88 September 13, 2005 Page 20 of 143 PREPARED BY: DATE KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAYMOND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPHK. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the March 8, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings G:\Current\DeselemIPUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3.doc Page 8 of 8 COL()C"') COO"<t . 0..- 0<:'\14- Z .0 C"') E"-N 2a;w -..0 OJ CilECil 'OWO- c_ Wo.. OlW <(()) ~ a.. I " I <( .. .. ~ !<~ I w ~; ; l- on - ::: (f) " OHVi\31llOS VHVmMI yJ.NVli ~ I 31\':lS OJ.lDN / ____ - -- ::l ~ ~1iI i~ iii I!J NU I il:: ~ 0.. II ~ ~ ~~ <( " ~I ~~o ~ ~~ ~r ~ n~ ~ 9 ~ Z 0 - I- <2: U 0 .....J w l:j ~ ~I """ ~ I Ii.. l'i!j N " ~ IlL ~ 3J,.V.1ABJ.Hl ~ ~ I I CMllIIlCllllONM1 ClO Q) Q) \I) I a: < I '<t o o '" :::I 0... =II: z o l- I- W 0... Agenda Item No. 88 September 13, 2005 Page 22 of 143 Agenda Item No. 8B September 13, 2005 Page 23 of 143 FINDINGS FOR PUD PUDZ-2004-AR-5998 Section 10.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject site is partially developed with an elementary school and a water management lake. The remainder of the site has been cleared but is undeveloped The site is located where it has access to Santa Barbara Boulevard near its intersection with Davis Boulevard. The petitioner has agreed to connect to county utility service, and the drainage will be provided in compliance with all applicable codes. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP, as provided for in the Ordinance. Please see the staff report for a more detailed discussion. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff analysis indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. EXHIBIT "sn G:\Current\Deselem\PUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\Findings, PUD,doc Page 1 of 2 Agenda Item No. 88 September 13, 2005 Page 24 of 143 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Infrastructure is or will be in place in the vicinity and its adequacy will be determined at the time of SDP approval. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards, with the exception of the height proposed and buffer deviations. The Community Facilities (CF) zoning district allows a maximum height of 30 feet for structures and up to 40 feet for towers. This project proposed a maximum building height of 100 feet, and a communication tower up to 200 feet high. Staff believes the project's structures will be compatible because the proposed structure will not be near any other structures, and it will be located on a main roadway, thus it will not block any aesthetic elements from any other shorter structure. The tower is shown on the Master Plan in an internal area; it is not near any perimeter property boundary, thus reducing potential negative impacts upon any surrounding property owner. The communication tower is only a permitted use within Tract A; therefore, it could not be located adjacent to Santa Barbara Landings, Plantation PUD or Wildwood Estates, which are the only residential projects located nearby because none of those project border Tract A. EXHIBIT "B'" G:\Current\Deselem\PUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\Findings, PUD.doc Page 2 of 2 Agenda Item No, 88 September 13, 2005 Page 25 of 143 REZONE FINDINGS PETITION PUDZ-2004-AR-5998 Chapter 10.03.05.0 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern; This project will be consistent with the existing and proposed land use patterns as explained in the staff report. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also compatible with expected land uses by virtue of its consistency with the FLUE of the OMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends, changing market conditions, specifically the development of the site with a school, and the development of the surrounding area, support the proposed amendment. The amendment is not necessary, per se, but it does seem appropriate. This site is located within an area of active development with a mixture of commercial and residential uses being constructed or projected. The county needs to expand the emergency services available to serve the public and this site seems appropriate to meet that need. In addition to adjacent development, a residential PUD is planned for the drive-in theater site. That PUD (the Cook Road PUD, PUDZ-2004-AR- 6192) is proposed to contain 160 units on 40:1: acres. The intersection of Davis Boulevard and Santa Barbara Boulevard is identified as a Mixed Use Activity Center Subdistrict, which would encourage more intense development. The proposed PUD rezoning is EXHIBIT "'An G:\Current\Deselem\PUD Rezones\Bembridge ESC PUD, PUDZ-A-2004-AR-5998\Findings, Rezone,doc Page 1 of 3 Agenda Item No. 8B September 13, 2005 Page 26 of 143 appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. 6. Whether the proposed change will adversely influence living conditions in the neighbor hood; The development standards and landscaping requirements contained in the PUD document are intended to mitigate any adverse impact to the living conditions in this neighborhood if the proposed change is approved. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The Transportation Services Division has reviewed the proposed PUD and has incorporated language into the PUD document which renders the PUD compatible with the Traffic Circulation Element. Therefore, the proposed PUD will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem; The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts (Le. open space requirement, corridor management provisions, etc.) that were designed to ensure that light penetration and circulation of air do not adversely affect adjacent areas. This project will be subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area; Property valuation is affected by a host of factors including zoning, however zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment mayor may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone is approved. EXHIBIT "An G:\Current\Deselem\PUD Rezones\Bembridge ESC PUD, PUDZ-A-2004-AR-5998\Findings. Rezone.doc Page 2 of 3 Agenda Item No. 88 September 13, 2005 Page 27 of 143 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact, the proposed PUD does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property is currently used in compliance with the existing zoning, and that use could remain if so desired by the property owner. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD is designed in a manner that is compatible with surrounding property in size and scale. It is also consistent with the FLUE of the Growth Management Plan, as further limited in the PUD document. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There may be other sites which are zoned to accommodate the proposed development, however it is very unlikely that there are any sites that are developed with or are approved to allow an elementary school and a public services facility with structures up to 100 feet tall. Staff did not conduct the analysis to make such a determination. However, it is important to note that staffs major determinants of zoning are consistency with the elements of the GMP, compatibility, and to some extent, the adequacy of infrastructure. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. While site conditions may restrict the location and square-footage of the buildings, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. EXHIBIT "A" G:\Current\Deselem\PUD Rezones\Bembridge ESC PUD, PUDZ-A-2004-AR-5998\Findings, Rezone,doc Page 3 of 3 I I I . - .. Page 28 ~f 143 APPLICA nON FOR PUBLIC HEARING FOR: ~UD TO PUD REZONE (PUDZ-A) []PUD REZONE (pUDZ) Date Received: RE-SUBMITT AL Planner Assigned: PUDZ-A2004-AR-5998 -PROJECT #19990090 C .. D" DA TE: 12/1104 OmmISSIOn lstrict: -KAY DESELEM Petition No.: ABOVE TO BE COMPLETED BY STAFF 1 . General Information: Name of Applicant(s) Mr. Skip Camp for Collier County Board of County Commissioners Applicant's Mailing Address c/o Facilities Management Dept. 3301 Tainiami Trail East City Naples State Florida Zip 34112 Applicant's Telephone # (239) 774-8380 Fax # (239) 793-3795 Applicant's E-Mail Address:SkipCamp@colliergov.net Name of Agent Vincent A. Cautero. AICP Firm Coastal Engineering Consultants. Inc. Agent's Mailing Address 3106 South Horseshoe Drive City Naples State FL. Zip 34104 Agent's Telephone # (239) 643-2324 Fax # (239) 643-1143 Agent's E-Mail Address:vcautero(lV.cecifl.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEP AR'rMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Agenda Item No. 8B September 13, 2005 Page 29 of 143 Complete the following for all Association(s) affiliated with this petition. (provide additional sheets if necessary) Name of HOIDeowner Association: N/A Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: N/A Mailing Address City State _ Zip Name of Civic Association: NI A Mailing Address City State _ Zip 2 . Disclosure of Interest Information: a If the property is owned fee simple by an INDMDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest (Use additional sheets if necessary). Name and Address Percentage of Ownership Collier County Government 3301 Tamiami Trail East Naples. Florida 34112 100% Tracts "A" & "B" of CFPUD Collier County Public Schools 5775 Osceola Trail Naples. Florida 34109 100% of Tract of Tract "C" of CFPUD AuDlication For Public: Hearin2 For POO Rezone 8129103 J:\DATA \2003\03130\RAIJ worl<\03130.ESCPUD~oo200411 02.doc Agenda Item No. 88 September 13, 2005 Page 30 of 143 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporatio~ Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: ADD"c:ation For Pub"!: Bearin!>: For PUD Rezone 8/29/03 J:\DATA\2003\0313O\V.Ilworlt\03130BSCPtIDRaoDoPetltia020041102,doc Agenda Item No. 8B September 13, 2005 f If . I . I dd.. al . 1" aIlp.aos 31. 0[1143 . any contingency cause or contract terms mvo ve a ltion parties, 1st mUlVlCluws or officers, if a corporation, partnership, or trust Name and Address g. Date subject property acquired (X) leased (): 04/19/01 & 12/19/01 Term oflease yrs.lmos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed le~al description of the propertv covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 4 Township: 50 south Range: 26 east Lot: Block: Subdivision: Plat Book Page #: 00399840007. / ! Property LD.#: 00400246406.00400246309.& Metes & Bounds Description: See attached legal descriptions 4. Size ofpropertv: 1397;76:1: ft. X 1256.25:1: ft. = Total Sq. Ft. 1.755.936:1: Acres 39.59:1: Approximate size of property. See survey for accurate dimensions. 5. Address/generallocation of subject propertv: 4590 and 4600 Santa Barbara Boulevard East side of Santa Barbara Blvd.. approximately one quarter mile north of Davis Blvd. Annlic:ation For Public Heannl!: For PUD Rezone Sf29/03 J:'JJATA IlOO3\03130\RAIlwo:k\03130ESCPUDRezonePetitioDlOO411 02.doc Agenda Item No. 88 September 13, 2005 Page 32 of 143 6. PUD District (LDC 2.2.20.4): o Residential !&1 Community Facilities o Commercial 0 Industrial 7. Adjacent zoning and land use: Zoning Land use N RMF-6: Pending PUD and PUD Residential S PUD Commercial E PUD Residential w PUD Residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section: Township: Range: Lot: Block: Subdivision: Plat Book_Page #: Property I.D. #: Metes & Bounds Description: 8. Rezone Request: This application is requesting a rezone from the Residential POO zoning district(s) to the Community Facility PUD zoning district(s). Present Use of the Property: Existing public school and Vacant Proposed Use (or range of uses) of the property: Collier County Emergency Services Complex and Calusa Park Elementary School Original PUD Name: Bembridge PUD Ordinance No.: 98-86 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request ADDlication For Public Hearinl! For PUD Rezone 8/29/03 J:\DA TA\2003\0313O\RAJlworlc\03130ESCI'UDR=ePetili0n20041102.doc Agenda Item No. 88 September 13, 2005 Page 33 of 143 Request an amendment from PUD to Community Facilities PUD (CFPUD) for the Bembridge Pun COrd 98-86), to reflect the changes to the original PUD. The new CFPUD Document will clarify the changes to the original PUD and reflect that it is no longer a residential PUD, but a community facilities center for the new Emergency Management Services Station, the Emergency Operations Center, and the existing Calusa Park Elementary School. The proposed CFPUD is consistent with the policies and objectives of the County's Growth Management Plan and the Land Development Code. These facilities are permitted by conditional use approval in PUDs, but due to the total change of the character of the PUD from residential to public services, the amendment, if approved, will better document the changed nature of the PUD. PUD Rezone Considerations WC Section 2.7.3.2.5) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The PUD has already changed to one that provides only public services. The Calusa Park Elementary School and the approved EMS Station #19 (4-04) already serve the surrounding public. The public facilities proposed here are needed, and the ESCfacility will serve all of Collier County by providing a state of the art facility for dealing with major emergencies such as hurricanes. Access exists, but the new ESC facility will coordinate the road and access design with County Transportation Services to ensure adequate access. The PUD will also provide water management lakes for handling not only on-site runoffbut the flow from the expanded Santa Barbara Blvd. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The PUD is owned by the County and the School District. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Public safety facilities and schools are consistent with the Collier County Growth Management Plan policies. Although there may appear to be some impacts, such as a slight increase in traffic, these facilities are necessary to provide adequate public safety and necessary services for existing and future development for all of the County. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed facilities will meet or exceed buffering requirements as specified in the We. All facilities within this PUD will be for public services. The Calusa Park Elementary School will be separated from the ESC Center by a large water management lake which will also minimize any possible internal condition. . AnDlication For Public Hearin2 For POO Rezone 8/29103 J:\DA TA 12003\03130\RAIl work\03130ESCPUDR=ePetiti0n20G411 02.doc Agenda Item No. 88 September 13, 2005 Page 34 of 143 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The Calusa Park Elementary School provides large areas for recreation. Because of security reasons, the ESC center itself may be limited for public use. Regardless, the PUD will exceed County requirements for open space. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The Calusa Park Elementary School and the access roads serving it are built. The EMS station #19 will commence construction at the time of this application. The ESC building will commence construction after approval of this CFPUD. Publicfacilities and water managementfacilities will be in place prior to construction. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property is more than adequate to accommodate the existing and proposed facilities. The facilities will be located on a large 39.59:1:: acre tract of land. The expansion of Santa Barbara will also provide ample capacity to handle these facilities and any fUture surrounding development. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This proposed CFPUD will meet all PUD and LDC requirements with the exception of four deviations : ./ Deviation from LDC Section 5.03.02 which limits the height offences and walls to sixfeet where facing residential districts. The requested deviation will allow security fencing up to 8' high. Said deviation will allow better security for facilities, which call for a higher level of security during local and national emergencies than general government facilities. ./ Deviation from architectural requirements in Section 5.05.08 of the LDC, which require windows at a minimum of 40 % of the affected facades facing collectors and arterial streets, and from far;.ade window requirements. Due to the use of the ESe building during emergencies, such as hurricanes, an exception to this minimum requirement is proposed. The command operations need to be protected and offer a sheltered space for operations. Other architectural elements will be provided to compensate for the lack of meeting these requirements. ./ Deviation from LDC Section 4.02.01 (A),' Table 2 which limits the maximum building height to 30'. The ESC main building is four stories with an approximate height of 98'. This is necessary because of the following reasons. The ground floor provides protected areas for covered parking. The second floor is 22' above the parking level for clearance to accommodate the EOC mobile command vehicle. The remaining floors are 18' floor-to-floor. This is necessary to clear the structural depth required to meet the 175 mph category five hurricane design and to allow for clearance of extensive technology/data cable trays, fire sprinkler systems, and ductwork. ADulleation For Public Hurinl! For POO Rezone 8/29/03 J:\DATA \2003\03130\RA11_\03130ESCPUDRczonoPeliU0n20041102.doc Agenda Item No, 88 September 13, 2005 The proposed facilities will also serve a public purpose by providing safety and educationfif1~ 143 to the County's citizens. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your lmowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? N/A 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a . A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUl if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], . required yards, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), . proposed and/or existing landscaping and buffering as may be required by the County, C. An architectural rendering of any proposed structures. The proposed Emergency Services Complex building is included. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. Not required e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be Auulication For Public Hearinl! For PUD Rezone 8/29/03 J:\DA TA \2003\031301RAI1 wmk\03130ESCPUDR=OIlePetiti0n200411 02.doc Agenda Item No. 88 September 13, 2005 Page 36 of 143 submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and locationCs) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Included f. Statement of utility provisions (with all required attachments and sketches); Included g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; Included h. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); Included 1. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. N\A - J. An electronic version of the POO on a disk as part of this submittal package. Included k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Included. Boundaries of the existing PUD have not changed. Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's fmal action on this item, please remove all public hearing advertising sign (5) immediately. Land Use Petition Continuance Fees: Two days or less prior to meeting = $500 Requested at the meeting =$750 . Additional required advertising charged in addition to continuance fees AJJplication For Public Hearin!! For PUD Rezone 8/29/03 J:\DA TA UOO3\031301RAJ1 warIi:\03130ESCPuDRozonePetiti0n200411 02.doc Agenda Item No, 88 September 13, 2005 Page 37 of 143 BEMBRIDGE ESC - CFPUD Iv q:; \ AERIAL ", , BEMBRIDGE ESC - CFPUD . 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"'k . 9- : -, \::' Country .... 1,-" !!!L..-?' ct ':l>E~ ~ g : \ I \'. .Club (,:__J L_ '4r-"'--' \ i.... . :~;::::;:..,;,;, r' /:::;1 Ii ~ 'J-l[- d \\\ i ;' II \; ~" ,;;;' 1\ L---.. ! L-' /,,~ ..) :-----'.:.... - -':; \\ '.~.~ I: 'e, . ,,->;>.- .j- I '._,.-.,'.'i( ~--~'-- 1,,'-- '"I., .. , . I ", I . ,_~,,:;.,~"'."~L~~_; ,. ," 'f -.=:;:) \...... ~',-"-. 1 1t;~:~n;~_r "/(\1''' I \ : Davis' Blvd Agenda Item No. 88 September 13, 2005 Page 38 of 143 II U \) I, I 84, I -'---:_':~:.::::::.::.::::.:4'\--~ I, II I' !! 'I I' i! " IJ \\ " II d il i' Ii \\ (~~~.-:~:;:~=--:~. ,I /,1 ,I /;-! I ,;;:::;;/:,; fv i l.-----:: 84 :"\ .~' . .- ~ ~, 'I.' ~.-,'-t:1ef\t~., . II I S,.-n .' :1 I' ').' II tj l ~_/~" . Q (( \::,I\lr' r::;>-' c~=:::;:~ \\ \\ U '.1 1._\, ~...', """'. '.-.....~, ,~. .>~,',~. (( ".,' i_~:;.:.:~.::.-_-:.::.:.!. ~ :I: [1)1 ~ t1h ~l -"" '"'I 1>>, =9 1\ Ii u I. 'I \ \ i l i I 1! .(" 0,\ 0' \i 1) 5;i 'J i' .;?:! " \ \ ,II ':1. '.'~.--; g', J ,",../ 3l l.,~~~~:.,;-:>-_./ EWfng:CrF~f Ii ,_:::===n~,2,---=-~~...,......:.~:::~cope~"tn=~~~::=_-:-:---=:. \_1" /:...~'--.i r:'"'l ':li-iW i,', )ll[ Ii I ,JilL 1 (-:_'.~,_._~ ( -,: :::-.::-..:=::.::~.::-..:;:~~:::.::::-:~::. \\ /.' \' ',\ ,/ Naples Heritage Golf and Country Club Ii :1 ), Naples National Golf Club en Ct :::II ~I j'j ~ :: ~ t t \1 : c' o---u-n-~-ry. ..:~-d~:::;:::-==:::::::::.-..:._.:._-=-~:;-:----- ---- -' If ; ,',., Ii 1"'\ -- ----I en ~; ~ " rl :::I' " q I, 'I I, ~ t I' Ii - ,",,~ -::;.::-;--) \' ;1 /..J Copyright C 1966-2003 Microsoft Corp_ end/or its suppliers, All rights reserved, http://www.microsofl.com/stroets I!:I Copyright 2002 by Geographic Date Technology. Inc, All rights reMrved_ Cl2002 Navigelion Technologies, All rights reserved_ This dele includes information taken with pennission from Canadian authorities C 1991..2002 Government of Cenada (Statistics Canada and/or Geomatics Canada), all rights raserved, ami 0.2 0.4 0,6 0,8 Agenda Item No. 88 September 13, 2005 PUD REZONE APPLICA nON Page 39 of 143 SUBMITTAL CHECKLIST TIDS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICA TION PACKET! REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed ApplicationJPUD documents 24* ~ 2. Copy of Deed(s) and list identifying Owner(s) and all Partners 2* ~ if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* ~ 4. Pre-application notes/minutes 24* ~ 5. Conceptual Site Plans 24* ~ 6. Environmental Impact Statement - (EIS) 4 ./ 7. Aerial Photograph - (with habitat areas identified) 5* ./ 8. Completed Utility Provisions Statement (with required 4 ~ attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 ~ 10. Historical & Archaeological Surveyor Waiver Application 4 ~ 11. Copies of State and/or Federal Permits 4 ~ 12. Architectural Rendering of Proposed Structure(s) 4 ./ 13. [dApplication Fee - "PUD Rezone" = $10,000 + $25 per acre Internal DComprehensive Planning Consistency Review = $2,250 Transfer D Application Fee - "PUD to PUD Rezone" = $8000 Fire Code Review = $150 EIS Review = $1600 Check shall be made payable to: Collier County Board of Commissioners 14. An electronic copy of all plans and documents on a disk as 1 ~ part of the submittal packet. 15. Affordable Housing Density Bonus Agreement including all 4 ~ Appendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 5 ./ 17. Letter of no objection from the United States Postal Service 1 ./ 18. OTHER REQUIREMENTS: · Documents required for Long-Range Planning Review.l additional copy if for affordable housing Ai; the authorized agent/applicant for this petition, I attest thatall of the information indicated on this checklist is included in this submittal package. I derstand that failure to include all necessary submittal information may result in the delay of proc=mg till. p' "tio /iJ c~L/I~j/01 I Date # ADDlication For Public Rearm!! For PUD Rezone 8/29/03 I:\DA TA \2003\1l3130\RAIlwmk\ll3130ESCPUDR=cPetiti0D20041102.cIoc ttE-SUBMITT AL PUDZ-A2004-AR_5998 PROJECT #19990090 DATE: 12/1/04 KAY DESELEM ~ - ----- ---- - Agenda Item No, 88 September 13, 2005 1tE-SUBMITTAL Page 40 of 143 PUDZ-A2004-AR-5998 PROJECT #19990090 DATE: 12/1/04 KAY DESELEM AFFIDA VlT We/I, being first duly sworn, depose and say thafwe!l a . are the owners 'if the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/lfurther authorize Coastal Engineering Consultants. Inc.: Harvard Jolly Clees Toppe Architects. P.A. AlA: TKW Consulting Engineers. Inc.: and Barany Schmitt Summers Weaver & Partners. Inc. to act as our/my representative in any matters regarding this Petition. ~r Signature of Property Owner Typed or Printed Name of Owner 5/~ ~/ Typed or Printed Name of Owner acknowledged before me this A day of'i)~ who is personally known to me or has produced as i entification. State of Florida County of Col . ~ ature of Notary Public - State of Fl~. . . ~..A- S at t:.!<-.sJ ~ (print, Type, or Stamp Commissioned Name of Notary Public) RE~CCAS, EP.1CKSq~ My COlT' '" r <p. 2/7'6;'C'5 ~... \.lD 004830 ~1(nooj/ft'110tMr1.D. I . . . J:\DAT A \2003\03130\RAIl work\03130AffidavitFonn200411 09,doc RE_SUBMITTA~genda Item No-:-81:r---- P(ij)~A2004-AFP-~~ber13,2005 PROJECT #19990090~age 41 of 143 DATE: 12/1/04 KAY DESELEM AFFIDAVIT WelL being first duly sworn, depose and say thatiwelI a are the owners 'if the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches. data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief Well understand that the information. requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Wellfurther authorize Coastal Engineering Consultants. Inc.: Harvard Jolly Clees Toppe Architects. P.A. AIA: TKW Consulting Enlrineers. Inc.: and Baranv Schmitt Summers Weaver & Partners. Inc. to act as ourlmy representative in any matters regarding this Petition. Signature of Property Owner ~ Typed or Printed Name of Owner ~41 ~/ Typed or Printed Name of Owner The foregoing i 20ll::? by s acknowledged before me this A day of'J)~ who is personally known to me or has produced as i entification. State of Florida County of Col' V"~ ture of Notary Public - State of Fl~ '- J. :t'/ -A S a/q'(J'cJ ~ (print, Type, or Stamp Commissioned Name of Notary Public) ( RIT.;::CCA s. ER1CKSQ~ ~ ~ '>'?'6;'C5 ,\~ My Coil'''' , ,p. -- ~;,. [;D 004830 t(noIl1lr II 0\Ilef 1.0. . t , J:\DA T A \2003\03130\RAIl worlc\03130AffidavitForm20041109,doc ....\.~:#f- -- arcr- "I --_.~.....,.~ AO<r-"..-.......~--T 1& u -"1 l~ September 13, 2005 2578594 OR: 2628 pG'~9Jm143 RlCORDED in OFFICIAL RBCORDS of COLLI!l CODIfY, lL 01/07/2000 at 09:37AK DiIGBT J. BRaCt, CL!Rl CORS 3110000.0C REC 19B 10.50 DOC-.70 22190.00 1 ~, " .11I Roetzel II Andrea l~ gd Prnfeuional Aaaoc:iati on , 8S0 Part Shore Drive 'duon centre, Third Floo. Naplell, FL 34103 Retn: ROITZEL , ARDRISS 850 PARI SHORI Dl 3RD FLOOR HAPLIS FL 3UD3 KE-SUBMITT AL PUDZ-A2004-AR-S998 PROJECT #19990090 DATE: 12/1104 KAY DESELEM wARRANTY DEED TIllS WARRANTY DEED. is made this~day of January. 2000, between Royce O. Stal1in~, Jr. aka Ro)'Ce 0, Stallings, as Trustee of the Royce O. Stallings Revocable Trust dated July 30, 1990. Grantor. whose post omce addrt"ss'is 1806 Mariner Drive. Tarpon Springs, r:L 34689, and the District School Board of Collier County, Florida. Grantee. whose post office address is do Collier County Public Schools, 371 0 r..~t('y Avenuc, Naples,.Ft 34104. The Grantor, inconsideration of the sum of TEN AND NO/I 00 DOLLARS (510.00) and other good and valuable considerations to said Grantor in hand paid by the Grantee, the receipt of which is hereby acknowledged, have granted, bargained and sold to lhe said Grantee and Grantee's successors and assigns forever, the following described property, situated, lying and being in Collier County. Florida, Lo wit: All that part of Section 4; Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: The Northwest one-quarter (1/4) of the Southwest one-quarter (1/..) of said Section -4 less and except the following: The Westerly 60 feet of the Northwest om~.quartcr (II,,) of the Southwest one-quarter (1/4) of said Section, and The East 40 feet of the West 100 feet of the North 300 feet of the South one-half (112) of the Northwest one-quarter (11,,) of the Southwest one-quarter (Vol) of said Section, and The South 30 feet of the Southwest one-quar'ter (II,,) of the Northwest onc-quarter (II.!) of the Southwest one-quarter (1/4) of said Section 4 less the Westerly 100 feet. Tax folio Number: 00399840007 Grantee Tax ID #: SUBJEcr TO: (a) rcal property ad valorem taxes acC'ruing subsequentlo Dec.ember 31. 1999; (b) zoning. building code and other use restrictions impo5rd by governmental authority; (c) outstanding oil, gas and mincriU interest of record, if any; \\;t!1out right of surface' entry and (d) restrictions and casements common to the subdivision, Warranty Deed Slallings. Tru:;\oe 10 School Board of Collier County Page No.1 of 2 ':~~~_==~~,__.~ A><~J.[.....~.Itl.Jl,.J. 1._iIlLA.~ .. September 13, 2005 p.~ 43.of.143 *** OR: 2628 PG: 34JJ txx Grantor warrants that the property is not the homestead of Gra.ntor or Grllntor's family alld that such property is currently being useu for commt'rcial and agricultural purposes. And said Grantor docs herehy fully Wllrrllnt the titlc \0 said property. and will dcfend the same against the lawful daims of all persons whomsoevcr. iN WITNFSS WIIEIUDF, Gr;mtur has t'xcmtcd and ddiwrcd this warranty d('t~d tht' day ami Yt'ar first ahove "Tit ten, Signcd. scaled and delivered ;'. ou, P""ci [f!,. "',1 I~ -- <P -c: 'it 1 ~ Signalurr- (]~~ 'I< t.:~ !.:~ z, \ ~ [..,it 'Ii" I i r ; t ~ '\""Yl Wllness 2 .. Printed Same . c"- . cn")c, ," () 1 \ OJ STATE OF Fl.ORlDA COUN"TY OF~ \!: 'r~ \\~ ....., ~ The foregoing Warranty Deed was llcknowlcdged before me on this ~ day of January, 2000, by Royce O. Stallings, as Trustec of the Royce O. Stallings RCVO\S' Trust datt'd July 30, 1990. ___") , \ ~ C/-/.../ ''t:, UrYvJ1-- TY1 .Yc,.-,.- Notary Public.. Signature (NOlllr)' Seal) -~ "'-"" bEMETR10S M. Sf'mtlL105 J 4>~""':~" MY COM\o\~<;SlC)N , CC 00215B :.: \4i . ........PfS. "'~ 211. 2000 ;,.,~ :::, ...." ~n '~/l .. -r.,~"I BcndId'TtIU IIalZlY p,jlIlc = .......,.- t'Olary Public.. Printed Ka.me Commission No. Commi~~ion Expinlion: PERSONAll.YKNO\'vN1-..,...OR PRODUCED IDENTIFICATION_ TYPE m- IDENTIFICA TinN PRODUCED: 111is Instmm("nl Prt'parcd by Linda. C. Brinkman, F.squirt' r ..ooDi.F.ITE. COLE~ '\: & I DllS!:OS. P.A 400 I Tamiami Trail North, Suite 300 Naples. F1. 34103 F"LCll.CWSEC(J,\! >r...WNC Df.fl) Warranty Deed Slallings. Trustee 10 School Boa,d or Collier County Page No. ~ of 2 g'ook 2814 - Page 848 l I'. ; .', PROJECT:EMS Site - Santa Barbara PARCEL: part of 00399840007 2785687 OR: 2814 PG: 0848 UCDJIlU iJJ DlPlCIAl mom of cou,m CllllITl, fL 14/261200] at 82: l6P! DllliIrf 1. BlaC[, CLIU ClIU maul ue P1l u.sc CllPIrS 1,00 let.J: OlL mum Il'f 19J\ una aRm SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made this ~ day of A-p,...i/ ,2001. by the DISTRICT SCHOOL BOARD OF COWER COUNlY. FLORIDA. (hereinafter singularly or conectively called the Grantor), to COWER COUNTY. a polltl~ subdivision of the State of RorIda, its stieOeSsors and assigns, whose post-office address is 3301 Tamiami TI'8l1 East. Naples. Rorlda 34112 (henmafteroalled the Grantee), (Wherever used herein the terms "Grantor" and -Srantf:le- include aD the parlles to this instrument and their respective hairs. legal representatives. successors and assigns,) WITNESSETH: That the Grantor. for and in consideration of the sum of Ten 0011ars ($1Q.oo) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remigeS, releases" conveys and confilm~ umo the Gl'8J1tee, an that c:ertaln land situate in CoifleT' Cotmty, Florida, to wit See attached Exhibit "'A. Which is incorporated herein by reference. SUbject to easements, restri...'1ions, and reseMltions of record, THIS IS NOT HOMESTEAD PROPERTY, TOGETHER with aU the tenements, hereditaments and appurtel"lances thereto belonging or in anywise appertaining. TO HAVE Af.'JD TO HOLD the same in fee simple forever. AND the Grantor hereby covenan1s with said Grantee that the Grantor is lawfully seized of said land in fee simple; thai: the Grantor has good ripht and lawful authority to sell end convey said land; that the Grantor hereby fully walTants the title to said land and will defend the same against the lawful claims of all ;:3erson$ whomsoever; and that said land is free of aD encumbrances except as noted above. THIS COMytYMC! t.CetPTED ., 1'HE ~~~ ~ =::IOItERS. I"UItSUMT TO ~ . DATm: 9uJ.../{'" iTat JIl). //"'{r" )I.l.) Agenda .ltem,.NQ._8S f 1 September 1S~5 0 Page 44 of 143 ~ 7 ! ! , ., 1-- .; .. l 'j i : 1 I ~ ~ t , ~ ~ 1 j 1 ~ ! ,. ,! i ~ i .~ '~ 1 . I J l '. i { i 't J " 0\ ; :J, f ~ :1 ".l -~ , J ~, 'j ti " , ; t 'I ,7-, i Agenda Ite OR: 2814 PG: OB49September Page IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: IlOP-)./ J) (0,JrzUJ . J (Signature) - J)ori, )Jt.. (]ro l(I(Y (Print Name) ~~.~~ (Signature) ViI+hle.t". Y1 ,cr::z,r/~ (Print Name) ATTEST: ~ Ii. di. Superintendent of Schools and Ex-Officio Secretary D,.., f)a:n lJJ. Wh;+e (Print Name) DISTRICT SCHOOL BOARD OF COLLIER COUNTY. FLORIDA THE SCHOOL BOARD OF COLLIER COUNTY. FLORIDA BY:~~ N GOODNI HT, Chainnan STATE OF Flor-: &.0- COUNTY OF C{\ U I ~,.. The foregoing Special Warranty Deed was acknowledged before me this ~ day of A p"') I , 2001 by Anne Goodnight, as Chairman ofThe School Board of Collier County, Florida, on behalf of the District School Board Of Collier County, Florida,~nally known to ~or who has produced [type of identification) as identification. WITNESS my hand and official seal this ,q1h- day of Ap'" i { ,2001. (affix notarial seal) 1~1)~ Shanln (1,00/ -- f'i ;r. MY COMMlSSlON I ctrl7D4a tam llt~,~, . June 74 zoo.c ""I: """"'lHIO_ 'MtIllUWla; IC Jd1~,- t-f( )6J~ (Signature of Notaty Pu!:>Jic) . , SHARON K LEAl , (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) ~ C! Q2:1ot{f/ My Commission Expires: :.ru" e. :2..</, :Lc>ot./ I ~pprott;l:o:t 1~~;~ Assistant Count] Attorne] . OR: 2814 PG: 085~~~t~d~~~ Page PUBLIC WORKS ENGINEERINq DEPARTMENT 3301 nAST TAM1~~ TRAlL NAPLBS, FLORIDA 34111 (941) 774-8192 PROJRCT NOH pA.RCnL NO,.. LEGAL DESCRIPTION (NOT A SURV~Y) PDtJO NO_ EXHIBIT I' A. Paoe_:.ui::i:: COMMENCING AT'mB SOUTHWBS1' CORNER. OF SBCTION 04. TOWNSHIP SO SOtrrR, ltANcis 26 BAST, COI..L.lBR COUNTY, FLORIDAj TImNCB NORTIi 0 DBORBBS 1.c MINUl1!.S 52 SECONDS WEST A.LONG nm WBST UNB OF 8A.ID SRClJON 4, A. DlSTANCU OF 139H2 PBBTi 'mBNCB NORTH 19 DBORBBS .c3 MINtTI'BS 01 sncol'/Ds BAST, A DIBT ANCU OP liO.OO PERT TO '1'lm ponn: OF I1EGINNINGi mBNCB NORTH 0 DBGRBBS U MINUT.BS ~2 SSCONDS WBST. A DISTAJ-lCB OF 397.7li FRETj TImHCE NORm 89 DBORBBS 40 M1Nlm!S o),snCONDS BAST, A DISTANCE OF 40.00 FEETj nlBNCE HOlTH 0 DRClllBBS 14 MINtrrBS .S2 SBCONDS WEST. A DISTANCB 0]11 04.87 ~BRTi TIIIINCE NORTH III DBORBBS 43 MINUI'BB 01 anCONDS nABT. A DISTANCB OP 608.21 FSETj TImNCB soum 0 DBCllWlB 14 M1NUTIlB S2 SRCONDS 'RABT, A DISTANCU OF 502.67 FImTj 'I'HBNCB SOunt III DBCJR.BBS 43 MlNUTBS DB SBCONDS WEST, A DISTANCB OF 50.PS FBRTj TIIBNCB NORTH 0 DBGRmlB II MINtTrnS 01 BlICONDS WEST, A. DISTANCE OF 30.00 FRETj THENCE BOU1l1 III DBCUtEBS 43 MINUTBB 08 SBCONDII WRST, A DISTANCB OP S57,211 FRETj TImNCB SDtmi 0 D1l0RBBS 104 MlNt.TI'BB 52 SBCONDB EABT. A DISTANCB OF 30.00 FEB1'; nmNCB SOUTH III DBC3RmlS 043 MIHUTI!S 01 SBCONDBWBBT, A DISTANCB OF .cO.DO FBIn' TO 'l'HB POINT OF BEGINNING; SAID DBSCRlBIID 'TRACT CONTAININO 7.000 A.ClUlS (304.~20 ~QUARE PBBT). MORE OR LBS!!. ' ,:. PREPARED By..~t!?/!5..v......DATE.(.~6.~. ,,?tS;RGE R. RICHMOND PROFESSIONAL LAND SURVEYOR.FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT, . COLLIER COUNTY GOVERNMENT COMPLEX 3301 EABTTAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 Dl.Ta ' SHEET 2 OF 2 J 1 *u OR' 2814 PG' OB51 ~dalt , . Septembe PUBLIC WORKS ENGINEERING DEPARTMENT age 3301 E.ASTTAMIAMl TRAIL NAPLES, FLORIDA 34112 (941) 774.8192 I I- SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT .:.L PI~ ~.......J- :I' -In Nur I 'l h . ~'r(ft" 4...11' ~. .. ; 1l.M.! r AI\CIlL l 1 il 7.000 ACJlI!II r :~ I~ h .. " . sn.U' IMr . IrU'IMr ~:~ ~.C.C.I.W.CO~ iC.~ " GENERAL NOTES 11 P.C.C.. POINT OF COMMENCEMENT 2) P.o.8.. POINT OF BEGINNING ZI BEC. . BECTlON ~l1"Wl'.. TOWNSHIP , 6) RaE. . !\lING!: 5) RNJ. RIGHT OF WAY 1) M.l. OlaTANC~D AREi IN FEET AND OECIIMJ..1l THEREOF D) NDTVAUD UNLESS SIGNED AND SEALED WITH THE EMBosseD ilEAL OF A PROFESSIONAlI.AND SURVEYOR NOT TO BCALE OCTOBER 31, 2000 , ,- t ~ i " Agenda Ite 2923264 OR: 2970 PG: 34i,ptembe mOlDED In OlllCIlt OCOIDS of COLLm coum, lL Page 11/21/2002 at 01: IIPM DYIGBT I. BlDet, mil em mm.oo uc m IS.ill cams 3.10 PROJECT: Santa Barbara/62081 PARCEL~ School Board - Pond leto: un PROum lIT illS IRTIl OPlIa SPECIAL WARRANTY DEED 1~ THIS SPECIAL WARRANTY DEED made this ~ day of \);, " ",\." r . 20.2.l, by the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, whose post,office address is 3710 Estey Avenue, Naples, Florida 34104, (hereinafter referred to as "Grantor"). 10 COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post-ofrice address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred 10 as uGrantee"), ,I (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs. legal representatives, successors and assigns,) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee. all that certain land situate in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, reservations of record and taxes for the year 2001 and subsequent years. THIS IS NOT HOMESTEAD PROPERTY. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Granlor is lawfully seized of said land in ree simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the tille to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noled above. THIS COffYE't'ANCE ACCEP'lU I'f THE a.OARl) OF ~ ttmclW'" COllaR COUI!Tl _IOIERS. ~ TO i.iJ.~OIUDA. DATEDI \2.- \\- t:: I rTn:t~. \ raCe,) \ \ J I .1 1 .. OR: 2970 PG: 3420 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. 1 .1 I I WITNESSES: -, , ) (L..U t1 ,'t-I.t)]...'-- (Signature) , . '1 /.)LILf.l hl/l~l (Print Name) , '(' . t A _('~,u-:? Aj.-u~ (Signature) 7') , (I I' ('(' J .JC.Qj(~(-, (Print Name) ATTEST: ' ...",..., I"~ I '1 ,t F /l:..J ~. {lv(1\/L..' Superin endenl of Schools and Ex-Officio Secretary i).1 /'f tv. f~! ..1-e (Print Name) DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA THE SCHOOL BOARD OF COLLIER COUNTY. FLORIDA BY: rP4~~ ANNE GOOD IGHT, Madame Chairman STATE OF F7 01'-; db.. COUNTYOF ("II,~r The foregoing Special Warranty Deed was acknowledged before me this I q 1J. day of Ped''''hn- ,20QL by Anne Goodnight, as Madame Chair of The School Board of Collier County, Florida. on behalf of the Dislrict School Board Of Collier County. Florida, who is personally kno~~~. or who has produced [type of identification] as identmcation, WITNESS my hand and official seal this I Cj'I1I day of 7),''-, . 20Q,1. ~: (aflix notarial seal) ,.~.;;;,,;,~ SilcIoo tool i'/ ',,\ MY COMMISSiON' crn7lll8 rnm ",' ".f;J June?~ 700~ ~~4" k'JtCDI D tHiU JtCl fU( 1n\IUJ'Q.1C. ./dt~~,t1-'t ~/L L* .~<<i:... (Signature of Notary Public) ,......; H. /1 (!r'!\J i:.: LEA ~- (Print Name 01 Notary Public) NOTARY PUBLIC SeriaVCommission #: Q.(l '1 '2 7 Oyr,' My Commission Expires: (", ,'J."I -[Ie{ ~pprr1~SJ.~ fO? & /. e, ~If.n~~~n~ \ ~ss istant t;-nLJ Attorne,y 8B1 05~ 431 ~ '1 1 iI. ~ 1 .\ .. : , l I~ ,~ 1 ~ 1 ~I . , -lI ~ '1 ~ .~ J i l ~ i '~ '. :~ .'~ I I :.! 1 .; ,1 , :~ .. ~ ~ , ,~ ::1 j ,~ l .~ ~ ;.l .~ , ~ J .. Ht OR: 2970 PG: 3421 tft!ptem Pa :( TRANSPORTATION ENGINEERING DEPARTMENT '. , 3:101 EM'!' TAMIAMI TRAIL NAPLES, PLORIDA :14112 (91\ I) 774.8192 SKETCH OF DESCRIPTION NOT ^ SURVEY 101 .~'l(.'5rf: (~I.OO' ~D 00' I /" / to: ~ I'.()r, I I',o.n . , W 1/4 l"flR ?- 11 ~I,(, ~. nvr ~O s '" nllr: 21, I: r. ~~ ., ,..: ~ ~ 7 !;Cllom. rARCH!. ~,~'l~ ^rRI\.~ UJ ~~ ~ "'I~ .. . v, ~ > Ul 5 o !Xl :; HQ"4ml,1"W , ~nllll' ~ ~ !Xl -r: ~ of, VI ~ ~ ~ ~ '" 7. t.; ~ (,08,21' E.M,S. rARcm. l.EC:l^1. 1>E!:CIUI'TION ('O"''''I,N(''' AT TIlE wl:n QIIA~1'r:R l"tJltNI'R OF SECiIOr< 4, TOWN51l11' ~n ~OIlTII;MNOID6: 1:^5T 1'I11.111'R ('OWH\', FI.ORIDA. 1111:N("I: N R9'~I.'~7' H c.o 00 Fmn T11111lll'l1INT (If fI1:OIl/NINII: TIII:N(11 r'm~lINlm 1'1 1""(,'57'1: ~o no FI:I!1: 1'111:101('1, 51lO'In2'I: 120 llll F1mr: 1111:r<"r: N 19")(0',\7" I: )n).47 n,ET: Tllm'lIT::; llI1"UII'12" f: 773 4R FEFT, """Ncn 5 RlT'4,1!1R" II' .111I) 17 1'I:lIT: 1ImNc:r: 101 11/l'14'~2' IV IQ~ 1.\ 1'1'1:1.1111:101(''':; R'I'.OllJ" IV ~o.on HI;!: 1111:"<'1: N 0'14'52' \\' 1oQ77(, I''''if 10 TIll' "OIN1'OI' IlHlUNNIN(1. l'IINr,~ltlNINII ~ "ll Nll1'S MORIH)R 11~;5, EXHIBIT -L P&ge -L-of-L- GENERAL NOTES 1) i>,O,C" POINT OF COMMF.NCr:MENl ~I P,O,B . POltH OF BEGlNNlIIG J) SEe, . SECTION 4) TWP.. TOWNSIiIP 5) RGE. . RANGE 6) RNI = RIGHT OF WA.Y )) ^LL OIST ^NCES "'RE IN FEET Nm DEClloI^LS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF ^ PROFESSIONAl LAND SURVEYOR PREPARED BY: U ~:fiJt1'~~".____~~}.~_L._ ~RGE R. RICHMOND P.L.S. 2406 COLLIER COUNTY PUBLIC. WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 3~ i 12 DRAWN D'I' SHEET 1 OF 1 DAtE FilE I/O NOT TO SCALE OCTOBER 9, 2001 SBseD , 88 j 05 ~ ~ 43 " 1 l i ~ j '1 j j '~ n 1 .~ ~ . ~ 1 ~ '1 1 ~ .~ ! 1 i 1 1 ~ .~ 1 I ~ ~ ,~ .~ ~ '.' .~ 1 1 1 ! W .( 1 j ~ '~ , ~ Agenda Item No. 8B September 13, 2005 Page 51 of 143 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 1. . NAME OF APPLICANT: Collier County Government. c/o Facilities Management Department 2. MAILING ADDRESS: 3301 Tamiami Trail East CITY Naples STATE Florida ZIP 34112 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4590 and 4600 Santa Barbara Boulevard 4. LEGAL DESCRIPTION: Section: Township: 50 south Range: 26 east 4 Lot: Block: Subdivision: Plat Book Page #: 00399840007 Property I,D.#: 00400246406. 00400246309, & Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM tgj b. CITY UTILITY SYSTEM D c. FRANCmSED UTILITY SYSTEM D PROVIDE NAME d. PACKAGE TREATMENT PLANT D (GPD capacity) e. SEPTIC SYSTEM D 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM tgj b. CITY UTILITY SYSTEM D c. FRANCmSED UTILITY SYSTEM D PROVIDE NAME d, PRIVATE SYSTEM (WELL) 0 RE-SUBMInAL PUDZ-A2004-AR_5998 PROJECT #19990090 DATE: 1211104 ](A Y DESELEM Annlication For Public Bearinl! For POO Rezone 8/29103 ]:\DA TA\2003\ll313O\RAJ 1-..orlo:103130ESCPUDR=moPetitiOll20041] 02.doc --~ I I i i i i 7. TOTAL POPULATION TO BE SERVED: 12 Agenda Item No. 88 September 13, 2005 Page 52 of 143 B. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 4.05621ld=2,8gpm AVERAGE DAILY 2.704gpd=1.87gpm B. SEWER-PEAK 2.747gpd=1.9gpm AVERAGE DAILY 2.113gpd=1.46lq>m 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 9-1-03 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer, 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall. contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided, Utllity Provision Statement RJM l0/17~7 ADnlication For Public Hearin!! For PUD Rezone 8/29/03 1:\DATA\2003\031301RAI1 wort\03130ESCPtlDR=mePelitiDD20041102.doo Agenda Item No. 8B September 13, 2005 Page 53 of 143 LEGAL DESCRIPTION ALL THAT PART OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: THE NORTHWEST ONE-QUARTER (114) OF THE SOUTHWEST ONE-QUARTER (114) OF SAID SECTION 4 LESS AND EXCEPT THE FOLLOWING: THE WESTERLY 60.00 FEET OF SAID NORTHWEST ONE-QUARTER (114) OF THE SOUTHWEST ONE-QUARTER (114) AS RECORDED IN OFFICIAL RECORDS BOOK 1141 PAGE 1114; AND THE EAST 40.00 FEET OF THE WEST 100,00 FEET OF THE NORTH 300,00 FEET OF THE SOUTH ONE-HALF (112) OF SAID NORTHWEST ONE-QUARTER (114) OF THE SOlJTH\VEST ONE-QUARTER (1/4) AS RECORDED IN OFFICIAL RECORD BOOK 1573 PAGES 1127 AND 1128; AND THE SOUTH 30.00 FEET OF THE SolJTHWEST ONE-QUARTER (114) OF THE NORTHWEST ONE-QUARTER (114) OF THE SOUTHWEST ONE-QUARTER (114) OF SAID SECTION 4 LESS THE WESTERLY 100,00 FEET AS RECORDED IN OFFICIAL RECORDS BOOK 1071 PAGES 600 AND 601; CONTAINING 39.59 ACRES OF LAND MORE OR LESS: SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD: Apollcation For Public Ream!! For POO Rezone 8/29f03 J:'>DA TA \2003\03 \30\RAI lworl:\03130ESCPUDR=nePditiDll2OO4 I I 02,doc ~".-. 2931 Michigan Avenue Fort Myers, Florida 33916 Phone 941-334-8828 @C;9mcast Agenda Item No. 88 September 13, 2005 Page 54 of 143 December 13, 2002 Coastal Engineering Consultants Inc cia Michael Stephenson 3 106 S Horseshoe Dr Naples, FL 34104 Re: Coilier County EMS Station No. 19 4600 Santa Barbara BI CEe File No. 02.319 Utility Availability Dear t\.fichael Stephenson, Corncast can provide br.oadband services to the above referenced property upon the Execution of a Cost of Construction Agreement. Please contact Ms. Chrisann Folk, Commercial Development Manager, at (239)-732-3843 for details. I f I can be of any additional assistance to you regarding this project, please do not hesitate to call me at (239) 732-3805. Sincerely, )n~~ Mark Cook Design Coordinator Copy: Chrisann Folk, Commercial Development Manager, Corncast -"-- Agenda Item No, 88 September 13, 2005 Page 55 of 143 GOLDEN GATE FIRE CONTROL & RESCUE DISTP' ~ - 4741 GOLDEN GATE PARKWAY. NAPLES, FLORIDA 34116-6901 (239) 455-2121 · FAX (239) 455-7917 December 12, 2002 Michael Stephenson Project Construction Manager Coastal Engineering Consultants Inc, 3106S, Horseshoe Drive Naples, FL 34104 Subject: Fire Service Availability Dear Mr. Stephenson: This letter is to confirm that the Golden Gate Fire Control and Rescue District Currently provides protection and will continue to provide fIre protection and rescue services, for the East side of Santa Barbara Blvd. ';.4 miles north of Davis Blvd. near Calusa Park Elementaiy School. If you have any questions, please free to contact me at (941) 455-2121. Sincere~y, ____ //. / /' 4t/t2(/;/~ Williani T. Silvester Fire Marshal C:\My Documents\Project Jetters\EMS SationtCoastal12-09-02,doc Agenda Item No. 88 September 13, 2005 Page 56 of 143 . t=1='L. 4105 15th Avenue S.W. Naples, FL, 34116 FAX 353-6082 COAST.o\1. eN(;l'N==I'\I(~~ CONSULTANTS, INC. AF.CFIVED DEe 1 1 2002 ~y;~,. -.. - ~ I>.., December 9.2002 Coastal Engineering Consultants 3106 Horseshoe Drive Naples, Fl., 34104 Attn::Mr, Michael Stephenson To Whom It May Concern: FPL will furnish electric service upon request to Collier County EMS Station No.19, Electric service will be supplied by FPL to the customer, based on terms and conditions outlined in the. General Rules and Regulations for Electric Service as approved by the Florida Public Service Commission, Please provide the final site plan, site survey and electrical load data as soon as possible so the necessary engineering can begin, Early contact with FPL is essential so that resources may be scheduled to facilitate availability of service when required, If you have any questions, please do not hesitate to contact me at 239-353-6047, J.:I:~& J.W. White Construction Services Representative an FPL Group Company Agenda Item No, 8B September 13, 2005 Page 57 of 143 ~ Sprint Box 2469 \:lplcs. FI. }lllJh. z-;(i9 December 4, 2002 Mr. Michael Stephenson Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Dr. Naples, Florida, 34104 RE: Availability of Service I Collier County EMS Station No, 19 SEC 4, TWP 50S, RNG 26E - Collier County, FL Dear Mr. Stephenson: In response to your letter dated November 25, 2002, Sprint-Florida, Inc. will provide telephone service, upon request. to Collier County EMS Station No. 19, located at 4600 Santa Barbara Boulevard in Naples, Florida. Telephone service will be provided based on the rules and regulations covered in our Local and General Exchange Tariff, approved and on file with the Florida Public Service Commission. In order for us to meet your service expectations and provide for the timely installation of access facilities, we need your cooperation on the following items: 1. Sufficient utility easements, as agreed to by Sprint-Florida, Inc., for construction of communication facilities must be recorded either through incorporation with the recorded plat of Collier County EMS Station No. 19, or in a manner as may be recorded in the Public Records of Collier County, Florida. A minimum 10' wide utility easement along the cable route to be provided by developer and a 40' X 40' easement may be required for switching equipment. 2. Provide a full set of construction plans and diskette (DGN format or AUTOCAD) fumished to us at the same time as plans are sent to Florida Power & light Company. 3. All utility easements, rights-of-way, roadways, etc., over which communications construction is necessary must be within six inches of final grade, clear of debris and lot lines properly staked and identified prior to communication facility construction. NOTE: Staking to include grade elevation. 4. Clearing, grading and staking is to be maintained by the developer during Sprint's construction activity. 5. Deviations to our standard construction procedures from the above, resulting in additional expense to Sprint- Florida, lnc" either during or after communication facility construction, will be appropriately billed to and bome by the developer. 6. Road crossings provided and placed by developer at locations indicated by a Sprint-Florida. Inc. representative. Sprint-Florida, Inc. will provide markers. 7. Sprint-Florida. Inc. shall not be responsible for seeding/mulching disturbed areas of the utility easements. 8. Notify Sprint engineering a minimum of 90 days in advance when telephone service will be required within this area. J Agenda Item No, 88 September 13, 2005 Page 58 of 143 December 4, 2002 Page 2 Mr. Michael Stephenson 'RE: Availability of Service / Collier County EMS Station No. 19 The following criteria must also be met for any multi-family or commercial building: 1. A 4' x 8' x OX' plywood terminal board must be securely attached for mounting of telephone hardware. 2. Entrance conduit to be run from the property comer or utility easement into the mechanical room with no more than one gO-degree sweeps. Size and location to be determined by a Sprint-Florida, Inc. representative. 3. Access to the power ground (MGN) within five feet of our terminal or placement of a No.6 Insulated copper ground wire. 4. A single run conduit (3/4 inch suggested) or access route from each unit to the location of the telephone termination point. 5. .conduit and equipment room to be completed 30 days prior to Certificate of Occupancy date. These requirements are necessary due to the tremendous growth within our serving area and Sprint/Florida's use of advance technology. Failure to comply with the above mentioned could result in service delays to this development. Please sign and date the acknowledgments provided below and return it in the self addressed stamped envelope included. If you should require additional information, please contact me at (239) 263-6234. G~'D~ Gary Dawson Network Engineer I - E&C GD/jw I hereby acknowledge receipt of this letter and agree with the provisions contained herein. Date Title ;} Agenda Item No, 88 September 13, 2005 Page 59 of 143 ,:f' COLLIER COUNTY GOVERNMENT December 30, 2002 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 PUBLIC UTILITIES DIVISION Michael Stephenson Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive Naples, FL 34104 Re: Collier County EMS Station No. 19 Water and Wastewater Availability Dear Mr. Stephenson: Water and sewer service is available for the above referenced project via existing lines along Santa Barbara Blvd. If this proj ect is not to provide the required Collier County Utility Easements (CUEs), all sewer facilities shall be owned and maintained by the owner, his successors or assigns, If ,this project is to provide the required CUEs, all sewer facilities shall be owned and maintained by Collier County Public Utilities. All on site water facilities constructed within any multi-family tracts, clubhouse tracts~ commercial tracts and common areas shall be owned and maintained by the owner, his successors, or assigns. This project shall be equipped with a master meter and appropriate backflow device. All water and sewer within this project shall be owned and maintained by the owner, his successors or assigns. Tie-in to water and sewer lines shall be made after submission and approval of the hydraulic calculations by Engineering Review Services, showing that the downstream systems are adequate to handle the increase in flow. The District will be making phased expansions to the water supply, treatment and transmission facilities and sewage transmission, treatment and disposal facilities servicing the area in question and other areas of the County, based on demands within the system and other binding commitments. These expansions should provide sufficient capacity to supply the referenced property's anticipated potable water and sewage treatment and disposal demands and the remainder of the District's committed capacity. However, no guarantee can be issued that other developments throughout the District will G:/E.ngim,ering TechlAvail.bi1ityIAvailability Letter Agenda Item No. 8B September 13, 2005 Page 60 of 143 Michael Stephenson December 30,2002 Page 2 not have an impact on the quantity of potable water and sewage treatment and disposal capacity available to this property until each phase has received a commitment for servIce. Connections are also subject to the availability of water and sewer capacity at the time formal application is received, Should water supply or sewage treatment and disposal capacity not be available, the Developer would be required to provide an interim means of water supply and treatment and sewage treatment and disposal until the District's facilities have the adequate capacity to serve the project. Please note that any and all improvements that you construct must be in accordance with all applicable ordinances and policies, including the payment of impact fees, Should you have any further questions, please feel free to contact me at (239) 732-2575. Sincerely, C\ ~~q~ Jacque~ohnson Engineering Technician cc: Diane Deoss, Revenue Supervisor Heather Sweet, Revenue Supervisor . Wes Hill, Engineering Review Services G:IEngineering TechlAvailabilil)'IAvailabllilY Letter . ._- .. ~.. .... ...._._ ........,....-.._&.1. .. HU . .VI L....,H,,,'V"T....V~V.,. Agenda Item No. 88 September 13, 2005 Page 61 of 143 WAST!! MANAGJiME, .;)l'^,~ r."dl:1I1~'. :"."1111\" :-IlIl,\1,..I", "III''; (').oj I) (,4').~J I ~ (\)~ I) l-4')':;f>'H 1-.0, January 28. 2003 Mr. :Michael Stephenson Project Construction Manager Coastal Engineering Consultants, Inc. J 106 Horseshoe Drive Naples, FL 34104 Dear Michael: As per your request this letter is to confirm that Waste Management will provide solid waste coUection services at the location noted in YOUT correspondence dated 11125/02. (Copy a.ttached) Our collection service is offered according to the ten:ns and condhions of Collier County's Solid Waste Collection Service Agreement with Waste Management of Florida, Inc.) as amended most recently on June 12,2001, Should any questions arise, feel free to contact us at any time. Sincerely, -L..,' (!D~ ~ ' Joe Coradetti Oistrict Manager Waste Management of'Collier County Agenda Item No. 88 September 13, 2005 Page 62 of 143 TOWER DESCRIPTION The 200' monopole communications tower was chosen based on performance and needs criteria given to us by John Daly and Dan Summers, The tower provides support for multiple radio, video, and communications systems necessary for an Emergency Services Complex to stay online and operating during the most intense of natural disasters (i.e. hurricanes, flooding, etc,), The complex would provide a central hub for disaster relief and serve as a constant communication point for all state, county, and local emergency operations. Some of the offices inside the facility include Emergency Operations, EMS, 911 Call Center, Police, and Traffic Operations, In the wake of recent events, no one can doubt the need for a centralized, reliable, redundant, and hardened facility from which all government operations can continue to operate. Such a facility will ensure the safety and well being of Collier County citizens, The monopole was originally a tri-Ieg tower but for aesthetics a monopole was the final design chosen. Additionally there was a savings of approximately $350,000 or more by switching to the monopole. After careful review of tower construction firms, a candidate was chosen based on their experience in the South Florida area and their manufacturing capabilities. The tower is designed to withstand hurricane force winds of approximately 150 mph continuous and 175 mph burst. The radio communications systems include government and amateur radio and satellite links. Government radio (800 MHz) includes county wide Police, 911, Fire, EMS, and other government institutions, It is a simulcast system which links county wide to other existing radio systems and can also be linked into. a statewide radio system, The government radio system installation at the BOC facility is completely stand alone and not dependant on another system for full operation, as such, in the event of a failure of other systems, this site will remain operational, Mr, John Daly has responsibility for interfacing the system with the county's existing equipment and has more information about its operation, The amateur radio operations, guided by Mr. Dan Summers, are supported by multiple HAM operators that operate in conjunction with the EOC. Often in time of disaster with landline and cellular communications down, HAM radio operators have been key in passing disaster relief requests to/from remote areas. The amateur radio systems shall cover multiple key frequency bands, provide data/packet radio communications, and maintain a satellite link to FEMA. Furthermore, HAM operators will have access to VMS, Coast Guard, and weather radio signals, All of these communications systems require a solid structure to mount to and well above ground for proper operation and sight lines. The tower also has two video cameras with pan, tilt, and zoom capabilities to survey the surrounding areas and see over the horizon. These images are piped back into the EOC where they are displayed on the video wall or even broadcast back out the news crew feed. Support systems are in place for news crews to set up remote broadcasting directly from the BOC for press conferences and important emergency announcements, J:\DA T A\2003\03130\RAIl work\03130TowerDescription200411 03 ,doc RE-SUBMITT AL PUDZ-A2004.AR-5998 PROJECT #19990090 DATE: 12/1104 KAY DESELEM Agenda Item No. 88 September 13, 2005 Page 63 of 143 Considerations were made to coat the tower in a rubberized coating to simulate a tree, but further studies show that this would have a total negative effect on the tower and skyline. Furthermore, the coating and simulated branches are not designed to survive the previously stated speeds and could become projectiles, hence that idea was dropped. The tower can be coated (at additional expense and yearly maintenance) to blend it into the background of the sky plus the antenna mounts will be difficult to see from the ground, Currently, this tower will have less of a sky outline than your typical cellular tower, Any other questions can be directed to Mr, Summers or Mr. Daly for their respective systems. J:\DA T A \2003\03130\RA1l workl03 1 30TowerDescription20041 1 03,doc RE-SUBMITrAL PUDZ-A2004-AR_S998 PROJECf #19990090 DATE: 12/1104 KAy DESELEM Agenda Item No. 8B September 13, 2005 Page 64 of 143 ..,.,- COLLIER COUNTY APPLICATION FOR WAIVER OF HISTORIC AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT PROJECT NAME :Collier County Board of County Commissioners, c/o Facilities Management Dept. DATE: April 17,2003 LOCATION (COMMON DESCRIPTION): Collier County EMS Station No. 19, Santa Barbara Boulevard, Naples, Collier County, Florida; Bembridg:e PUD - east side of Santa Barbara, north of Davis Boulevard. SUMMARY OF WAIVER REQUEST: Land is alreadv approved for residential PUD. Previous analysis yielded no historical or archaeological sites. SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATE Name of applicant(s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Collier County Board of County Commissioners, c/o Facilities Management Department Mailing Address: 3301 East Tamiami Trail, Building W, Naples, Florida 34112 Phone: (239 ) 774-8380 FAX: ( 239 ) 793-3795 Name of agent(s) for applicant, if any: Vincent A. Cautero, AICP, Coastal Engineering Consultants, Inc. Mailing Address: 3106 South Horseshoe Drive Naples, FL 34104 Phone: (239) 643-2324 Fax: (239) 643-1143 Email: vcautero(ii)cecitlcom Page 1 of 4 :.. Agenda Item No, 8B September 13, 2005 Page 65 of 143 C. Name of owner(s) of property, if different than applicant: Mailing Address: Phone: ( ) FAX: ( ) Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner(s) (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Plat Book Page Unit Block Lot Section Township Range Note: Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked. 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description which is not sufficiently detailed so as to locate said property, and may require a certified surveyor boundary sketch to be submitted. B. Property dimensions Area: 318,871 square feet, or 7.3 acres Width along roadway: 928.38 square feet Depth: : 343.47 square feet C. Present use of property: Vacant D. Present zoning classification: PUD SECTION THREE: WAIVER CRITERIAIW AIVER REQUEST Page 2 of 4 Agenda Item No. 88 September 13, 2005 Page 66 of 143 A. Properties located within an area of Historical/Archaeological Probability with low potential for historicaJ/archaeological sites may petition the Community Development and Environmental Services Administrator or his designee to waive the requirement for an Historical/Archaeological Survey and Assessment. The Community Development and Environmental Services Administrator or his designee shall review and act upon the waiver request within five (5) working days of receiving the application. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites. Justification shall include, but not limited to the following: 1. Aerial Photograph 2. Historical land use description 3. Description of land cover, land formation and vegetation The Community Development and Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions, The decision of the Community Development and Environmental Services Administrator or his designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development and Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners utilizing the procedure outlined in Section 2.2.25.11. B. Waiver Request Justification l. Interpretation of Aerial Photograph: Land is vacant. Property is adiacant to school site and residential property. 2. Historical Land Use Description: Historically used for agriculture. 3. Land, cover, formation and vegetation description: Overgrown with Melaleuca and Brazilian Pepper. 4. Other: This provision is to cover instances in which it is obvious that any archaeological or historic resources which may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated as a quarry. The Community Development and Environmental Services Administrator may seek counsel of the Chairman of the Historic/Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. Page 3 of 4 Agenda Item No. 8B September 13, 2005 Page 67 of 143 SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 W' X 14") folder. ~d-~ Signature of Applicant or Agent 011 cf/i T It c:; .;f ~ 0 Printed Name of Applicant or Agent **TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION ** NOTICE OF DECISION SECTION FIVE: A. The Community Development and Environmental Services Administrator or his designee has made the following determination: 1. Approved on: 2. Approved with Conditions on~ 3. Denied on: (see attachment) (see attachment) Page 4 of 4 Agenda Item No. 88 September 13, 2005 Page 68 of 143 Narrative offield observations RE: Collier County EMS Station No, 19 4600 Santa Barbara Boulevard Section 4, Township 50, Range 26 CEC File No. 02.319 From Collier County aerial maps taken January, 2002, it appears that this property was until recently, planted with row crops like tomatoes, Currently, the land is becoming overgrown with Melaleuca and Brazilian Pepper. While most of the plants are young ( 10' tall or less), they are growing thickly together with some taller trees of 15' or more .._' ~".- ...'.- a 8" sign near SW corner of property ~ Berms and swales for row crops in forground - ',- Looking East and South - Mature trees in back are beyond property boundary Agenda Item No. 88 September 13, 2005 Page 69 of 143 Near Northwest edge of property - New grade school in Background '--~-.T........- -..... . . .r< .~..-" . ,- . -.' -,!~ "t '~.~ ~J{ -. - . --.., ..- .....:-,..~ -- '" Northwest corner- Old Construction entrance - possibly for the new Grade Sehool in background r .lIl1lllh II U II LUU"l I I o! J rulI vvnv. nu ....",..'U......... IOU ~ 4Ln ,. "'". "''''''oJ \J"", . oJ"''' 6S/eG/2ee4 16:19 17SSaBS COLLIER CD ~ Age~ Ite;r, No. 88 September 13, 2005 Page 70 of 143 I,' " COWER COUN1Y EMERGENCY MANAGEMENT 5301 I&Sl. Tlmiaml TrfIi1. Naples, PloIIds ~12. (239) 774-8444. Fn (259) 775-S008 ~ J /'''^t~ Ca. ~ f'fV'i:J ~J 9: tli' -;:;;, o.fl- ~"oJ'- S t.f'" jl4 f.r-S . ~:~~!" 72 t:" pI! I- ~ -;;;;a f/.r;I'J!}~ . ' ~f5-//# ~CJ.C. ~e{. C' s Ctkt' -- FA-A Towel?.. ApP!2.0VIt-L c . t~ . .. C. ."'1'11:::, RE-SUBMIrrAL PUDZ-A2004-AR_5998 PROJECT #19990090 DA TE: 12/1104 KA Y DESELEM Federal Avia.t:i.e.., ).:1miJoi8~J;'i1t;i.0l:l. ~~~n aegi~n&r ottig~ l' 0 1 C01.un]:)!.a A."rC:lZ=-ASO- S2 0 Colla;. Park, ~ 302)7 PAGE B2 Agenda Item No. 88 S~tf:1r 13, 2005 Page 71 of 143 ~Dautic:al Sl:u.dy No. 2004 MO 'I!)]; o!: ~~/e6/26e4 16: 19 775SElBB CIl..LIER co EM 6~/2a/2ee~ 22:~5 528 FAA , ~.. ~~e~ Date~ 4/1'/2004 nAN I. SOHHBIS, DU. or ~ HAll, cox..x.:lIl. co. CUT. (}P F:KP:'llR'lmr.Y -~ 3301 E. '1'.AJ4IAMI 'l'RAItI. STE, '1.C3-~. aLM. ~1!lS, n. ~4.1U .. t1~_IJlI!Z~QII OP :BO D.UJU) ':0 a.n. DnCi&'aQJI' U ':he Pe~ual Avh.tiQD Admi.n1atration to cClIIlpleted 1m a~&~~ica1. Ji~ucly uM.er the p~ovbiQ:c.. of U '0',6,(%,. Sed;:l.OD 44718 cu:d, 1.f appl!cal>le, 'Iit.1e 14 of tbe eooc Q! ll'ada!l'&2, n=~;l.tilc=o, pert 77, =n\:8~~ J Ant.ecna '!'oWs!:' 2au>Io~. n. 26-9-44 N).%) 83 81-4;)-2 200 'feel: ilbove' ~~ 1..,al [AQI,) ~~4 tee!:: ahOVe raee sea level (MSI.) 'Ih1s aucmauU.ca~ study nVaUed thil~ ';he .t1:'Uatura doe&;, Dot ~ceea cbstru=~iQJ:l. sean~ ~ wgu1.d' not be .. hazard eo air ua'Vi!i&tioa. p%O'II'ided t:he follO'lliDg cond.iHo=.[aJ, 1f oUl.y. i. (_r.) 1IIa~: S1;n=ure l1'fPe: ~Qcal:!.e.!:l; Lati t'ude r Lon9'itu~~r Beig-htl! : ':I'O COQr41natll frequency _~Lvat;'iOl1 aD4 yuUy":hat. :10 lnte--ferem:el is ~ ~Q nA faciliti.s, pr;i,Ql: to beginning rm.y transmias10n from ~ lIli.te you flG18t:. o~~ta~t vIRCa ~!v.lL! AT 813-~43-S8l'. Based an tb11i &va.luatLQr:l. markixlg ;md llgb.ting are tlOt'. ~eI!Ill~ ~ot' ~atiOD st.fe.t~. ~ver. U lllU)dng and/or: l:f.gh~ing an. NSQotl'()llehed 0:1 & volUQta.ry tlarr1:a, W$ reo~(1 ~te taG 1nsr;a11ed aDd aw!.u~II.i.h.c1 La .tJCJUl.~. llflWs ..~ M'riliCry OirO\1t:.r 70/?4GO-1 AC '7017460-1X Oumga L ~aia d.e~tiQ~ expl~ Qn lD/2,{2005 ~~81 r~) ~tAnd8d. ~sed Dr ~erminated P.1 the i.8~ office. ~) th. CtlD$t%UCdOl1 i. -u,bjll-':t:. tQ the li~iDg authcrit:y of the l'edara1 Comr;lllJX)~oal:1ocs CaDmiasion frcc) acd an a,ppl1clI.l:.lan ~or a c::cn.aw:ciou AltulIllL. be>> bt:l:U !.Ul!:d , u requincl by t~ reo. within 5 monUs of die date o~ 'this detenl1n"'t~on. In auch cue, z:h& de~=:minat1QID explna'~ the date prescribed l::lY' the PCC 'tCl:' oQtTlPl~e!OA of . cccstruc:tiot1, or t.he c!lzlte th6 FCC ~~5.ea t:Jz. applicati=. llO'ri; 1U:2OEST POll a'r25itQll[ 07 ~ unerIVE PERIOD Oil' TaIS DB'rIlJM!N~ON Mi1ST BE POSt'!Wl.Xl!D 01 C:ElLIV"GREl) 'IO 'l'1IIS a.-FlCE AT LSM'f' :!oS DAYS PR'IOa TO 'I'RB ,EXP!RA'ttOIl t>An. '!"his 4e:~~tion is based, :UJ put. on t.ba f=-iDing- ~C:':lEl~i~ which inclUdes .~eific eOO%dina'l:ea~ b.e.t;h~5, f~Qt[iu) ~ pawn', ky c:1a=gCIlI in coo:'lUnktes. be1.g'huz. oI!.!ld tft~i.. c=:o UIM of ,.z:eater pCW8=- ...ill. vaid. ~lI: d...~e~D.lu~i.cm. My tu't:\l%'O OO!!.D~Cf;.iOIl or al~e:a~OD. i:I.c1ud.ag :!.=oraa.llI. to ht:.ight., power, Qr 'tb.. add.it:.i.CIIo1 Q: Q~ner tranSl!lit:te:-s, r=ql:irI!!B Jlepara te no~i;e l'agc 1. e5l8G/20B4 16:19 84/28/26&4 22;eS 7755Bae 52! COI..LIER CO 8<1 FAA A~~rfH-Jo. 88 September 13, 2005 Page 72 of 143 . .. .... to Qe FM. 'V 1...J nu. dete::Nnat.i.QQ dc=a icol\lde 1:ellp.O:rcy eotmb;ugl::1= ~p=t Such as c::meJr, I!c:rieks, $tc.. 1o/bich _yo b'lII UIIe4 ciu::iag a.c:rt:uaL CQa8t:nc::U= of the .t~lU:'e. HQWnu, thh eq\.1ipunt _;1.1 DOt:. exeee4 "a CV~rall lI.e~ght, U lZIc!1catel1 -.bove. BQui~: Wl:ic:h ba.a a k,~ga&' gr..t:er tbp t:.he IItuc!iRc:I >>t;~"lU~tu:'. require. s*t>8~_U ~l)ti~4P to t.~" 1'lU.. '%'Ai. dete%:ll:lbaes.=. ClODOern.l Qa .~:.Q~ of Ch:LII st:ruC~ on ~he ...=e a:a4 cUid.~ \Ul6 Cl~ A&vi~... ~".p_o ~ 1L!.rc:ra:!~ Cl%Id ~o =O~ n1.Le".. t:.blll ap0J:l.802: Cl:: cClftlplune~ :eeapcmsUls.li~iGI re1at:l.=9 ~ any laW', Cl:'dwnt.:!e, Q%" :regUlati<m oS! any Pedczo&1, &I:at<e, c:I,... 10c:a1 S'ove%U1!le::u: bo~y. A ==1!Y of ~. d.&tGmLut:1z:m W.I.;U be forw.ar4e12 to t21e J'erJeru O=mmmic::atlcma ~..:i.oc if t;ha ~'"'QR~ 1. l\I1)'IeClt to their U=eI:W1ng auUc:1.:y. If we CllUl ~ Qf ~ .....ictanes, Plea.. C1011t&Qfo I:l\Z;'" offi.Cl'lI at. (.4.0~aClS-!!8'. On aqr fU1:~ =etl!~Upoad.De. C!CI:l:le'*at1Z1O' tl1,js lIlott't''''1'', pJ.A;aAR rRfIt%' 1:0 ~ut:1c:a.l Study ZfUmbe:r 20 o.4-ASO-7 9S -Oll. .1SD&~ ~:col .0. 31217S-~721a. ee88% %. j;lerez Spec:i-.2iRt: ' A.t:taohme.nt ee, I'~cy tlat:a CDn> l'agoe . (i) PRE-APPLICATION MEETING NOTES Agenda Item No. 8B September 13, 2005 Page 73 of 143 o PUD Rezone 0 pun to POO Rezone Date:!!J.::Z1(03 Time:Bi2U Firm: V, t\1cE- Project Name: ~cS. F"t1 C!.ll Jt:.y Applicant Name: V, t'\Jt'.1Z' ~u..+~ Phone: Owner Name: ("' t'::) l h,~ ~ In. - Owner Address: :s.'Zl)l \t\\'^ \ P..Ml ~\.E. Phone: Meeting Attendees: Planner: '\<0 \:)l~\ t/\~\.{GUt S+F-.\Ir:=;..5~( C I1f?OI!~~ V-PAVI?p\ 6t';;JJe. L~Nh~~~ A\~ at\.~t ~~"B~~ . CQ tk~p b43 - ;2..~ ~~I M(N~ .' ~.d~~..n, . .. Submittal Requirements (refer to application for additional requirements) 24, Copies of the following: i Completed Application Pre-application Meeting Notes Conceptual Site Plan 24X 36" and One 8 Yz X 11" copy !Sa PUD docwncnt and Master Plan ,2Copies of the following: , ;. Deeds/Legals & Survey (if boundary of original PUD is amended) List identifying Owner & all parties of corporation Owner/Agent Affidavit signed & notarized ~ ' Completed Addressing Checklist ~ Copies of the following: ' o Environmental Impact Statement (EIS) or waiver ~ Historical Surveyor waiver request ~ Utility Provisions Statement w/sketches '~ Architectural rendering of proposed structures :8L Survey, signed & sealed g ~ J& RE-SUBMITT AL PUDZ-A2004-AR-S998 PROJECT #19990090 DATE: 12/1/04 KA Y DESELEM Seven (7) Traffic Impact Statement (TIS) or waiver Five (5) copies of Recent Aerial Photograph (with habitat areas defmed) min scaled 1" = 400' One (1) Electronic version ofPUD document in Word format Fees: Application Fee:~$5,OOO + $25 per acre* Data Conversion: 0 $25 ~ $3,000 amendment Data Conversion: 0 $15 ~ $150.00 Fire Code Review $300.00 Pre-application fee (to be credited toward application fee upon submittal). $1600.00 Environmental Impact Statement review fee Fee Total $ *Property Owner Notifications: $1,00 Non-certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from Planning Department) \', Meeting Notes ~=r>"P"[+,J,'v,.,. $"..{ ~"o-il-.r~low ~~~ ~ ,:..J1.. ~Q'. ~~~ Ncd-FQ~M~' Agenda Item No. 88 September 13, 2005 Page 74 of 143 tro..x. s: p 0 r...(. J en... .I' G:\Current\Pre-App forms\PUD pre-app.doc Revised March 28, 2003 a9/14/2~a3 19:18 6595724 ~EP 11 2D03 213SPH TKW E"GINEERS ADDRESSING 2392780322 Agenda It~~o,Bffi3 September 1;3. €005 Page 7:5 of 143 ADDRESSING CHBcnISr Please com.pleIetbe following m4 submit to the Addrasing Section for Riview. ~ot all ;&!ms wiD anolvtQ every proiect. hem. in ~d tv_ Il"C required. ' 1, Lecal dmripdoa of aubject ~ or propmiea (cop)I if ~ tl&rCrlptfrm lIIl1]1 lI, attsclte4) See AttJc.hed Po..,..{ ("-I --A ~, "D ' /- .; (J - ~ t:::. . . 2. Jolio(heport)' ID) .1I~)Orlbo've (attDdt 1(1, orG$l(leiQ"with, lqal dacrlptirm I/mo,."hrJft OM) 004002.5309 . 3. Street &&ft.1 fIr lIddrc:I5al (ar appliOtlblfJ, if aJruzdy d$IPsd) NJA 4, tocatio1ll_,. sbbwinl exld ~ ofprujeeVaitei%l relation to lIerreat public roadrlpt-of:.way (arra:A) 5, Copy oinrvey (NEEDBD ONLY FOR UNPLATI'BI> PROPER11BS) " . 6. Ptop05ed project nmae (if applicable) - 7. ProposelS Street DUDel fjf applictlbls) -~/A 8. Slte Dcvc.lopaalt P1aD tfumbcr (FOa BXISnNO PllOJECTSISlT8S ONLY) SPf . ~, Petltioa Type _ (Complete. tep...tc AcldraSing Cbeck1ilt fat each PetiCion 'I')'pe) 1:81 SDP (Sitc,Dovelopmeot Plan) 0 PPL <plaaI & P18t Review) B SDP A (SDP AmCDdJnen1) ~ PSP (preliminary Subdivision Plat) . SDPI (SOP IJIIubltatltiaJ Cblllgc)' FP (pinal Plat) ~ SlP (Site fmprov~eot Plm) 1LA (Lot Line Adjustmcn1) SIP A (m Amendment) ~ BL (B11IIting hrmit) . SNR{Strcct NllDlc Change) ROW (RiJht-ot~W ay Permit) VcptatianlExotic (VeJ. Removal PemU1s) EXP (B.xcavarlon Permit) 8l !.IDe! O.e Petition (Vllrianee. CODditicmaJ UIe, 0 VltSPP (Veg. Removal Ii. Site Pill Permit) 13081 Dock. BXLt RcT.ODI;, PUD mxmc. ~c:.) o OthC'Z. Dt!I:ribe; ~u'I:::> A 1 0, Proj~ arcl:vc1ap.lJ1cnt rmncs prop~ for, at alrcad.y ap,pcsriDg ia, condominium do=ummtl (if applicable; indicate wbetber tJl"OpoIett or existiGg) 11, Please Check One: . 0 CbeckJia\ is 11) be Faxed Back n PmoNdly Picked Up 11. App1ient NUM Collier CcrunlV, Jd Croaale l'hoae 239-774-13&0 Fax 239-793-3.72; 13, Signatmc em Add.r8uiDl Q]ecklilt does no<< coDltitut= Project and/or Street Name appnml me! is Sllbject to fUrthm review by the AddreA1nc Seletion. - FOR STAJI'I' USE ONLY Primar)'Numb<< ~~Ig:2. Address Numba Add.resa Number ' Addresl NumbCJ: Approved by .....Jlr"l ;'\ 'J A rY'\ on m D.w: _ q - 11- 0 ~ . ~d 3-11.01 Agenda Item No, 88 September 13, 2005 Page 76 of 143 Eo-e-.,_ ~/2.t- ~/? gp~//~_. .. - ,.-- '-.. .... _. ...." . '" "r - _ .. ". , JC7 #~ rt28';7'...Cokk/.be CC7VrV'??: .....z; T 7Y2 - J::-S-Y / ,_...~~ -. vSTZ~~~,~"" ." -,~~~ .~~+:. , ..' 77C(,-.~ t( ~,p.~"1\J. ~~..~ ~~7~~,.. '. !~,i'--'E?"'h~..1,...")07:: ..J~ CtP.J'C~"H .'.., 1J..;cr _~C1f1,~~~, ?'Z7- '85 l:,- {.~,/ , ,.~~e2..8C?~ t".\,J:~( A~treGTS ~"J'l'-:2IS~,..J'77~ ,.. .. "J'4c.. W!L~Im..\$ '" , . . ,I II ...,._. ,.1,'.. " .. ,... r~ Om '. l~.. E.,~(.)rfa1.'" ,CC TD/(,.....,.,.., , "'0 , ". 235 - Zi;5 ,5&50 .0. D~,_M~ ' '. ,~_..:,.:;"o.~_.:..1t..,~,',..,.;tJ,.. . ;ett,-U_(i,;f 1'.t,~;J.,.,.-I.. " ,,"'711~.~':. ;'i7",...-_.,'_.~ ~,tEl/I{iJ!.,.l..;;A/IIiIf' Iftl ~dL' . ~ " ,.. '.' 5C<;.-f,~Of"';~. If:: t.y,,+;'4=-, ..,.."...... '.'" ...,. :2. /'ir.~_1.1'7 "2", . ~/.NA- . LJ~ t?4-. ~,EJt. Cerwvrl!kaf?bJr ~I"-\S _ fi;:EA. 572;1 , .... ...,. "'p cE...., t~.,.., _, c.. a ~ ir~...e.. G1. S .th,~~.. ~ ltJ v:d ...~.3c? T- .- -. .,.,--',., ,1'" <.M~.-~_o])~A. - i'2,~ ..~,1),'~~.t7, ~~i~ -- 0" , , ~c;, ~ D~- . '" ,?, ?/--p--:$'c9.t:>. ry r\ ~u.lN . .C,(li<<G. -C:~ , 2.15- ~9i-3 ':1jt;!f;:;~t~w: . /:, i:(~o.T<c:!:.!p I.."~ :~, 77~~ ~"C~3 U ~~~a~../' -. .~. ~40-'$>- 2:.4<1t:,l I I j I 1 .. I I COASTAL E'NGINEERING CONSULTANTS INC, Agend~9M~~B~~e~g SeQtemb~}v~~enng SUP@J'~rg~ ~ping Environmental Services Real Estate Appraisr' Planning Service MEMORANDUM TO: FROM: Collier County Environmental Services Department Vincent A. Cantero, AICP DATE: May 21, 2004 SUBJECT: Bembridge EOC - CFPUD - Environmental Analysis CEC FILE NO.: 03,130 Attached is a memorandum from Steve Lenberger, Environmental Specialist. to then Principal Planner Bryan Milk, which stipulates certain environmental conditions for the Bembridge PUD where Bembridge EOC - CFPUD will be located. Inasmuch as the environmental analysis has been conducted, we request that the formal EIS requirement be waived and that the conditions placed upon the owners of the Bembridge PUD be reiterated at both the Planning Commission and the Board of County Commissioners' hearings. J:\DATA\2003\03130\03130MEMO to cc en" Sri'S - pud.doc RE-SUBMITf AL PUDZ-A2004-AR-5998 PROJECf #19990090 DATE: 12/1104 KAY DESELEM " ' Agenda Item No. 88 September 13, 2005 Page 78 of 143 PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION :MEMORANDU!Vf TO: Bryan Milk Principal Planner FROM: Stephen Lenberger V Environmental Spe~list II DATE: November 10, 1997 RE: PUD-96-12 (3rd Revision) Bembridge PUD xx Approved subject to the following stipulations: 1. Replace section 2,2(A) of the PUD document with the following stipulation: , Regulations for development ofBembridge shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections 3lld parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards then the provisions of the most similar district in the County Land Development Code shall apply. 2, Add the following stipulations to the PUD document: An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4.CCLDC. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation. shall be submitted to Current Planning environmental staff for review and approval prior to final site plan Iconstruction plan approval. , i- ,-.. (C Agenda Item No, 88 September 13, 2005 Page 79 of 143 NEIGHBORHOOD INFORMATION MEETING (N.I.M.) DATE: 8/10/04 TIME: 5:30 P.M. LOCA TION: Collier County Domestic Animal Services Facility Conference Room, 7610 Davis Blvd., Naples, FL SUBJECT: Bembridge PUDZ-A-2004-AR-5998 *IN AN EFFORT TO CONTINUELY IMPROVE UPON THE PUBLIC NOTIFICATION PROCESS, PLEASE INDICATE NUMBER: HOW WERE YOU INFORMED OF TODAY'S MEETING? 1. Mailing 2. Newspaper ad 3. Other Surve # ~ ~~b.5 ~ 1& '-~A..aU ~lH-{NS -Oil) ~e L&c:.v T :;/"1 AS" ?v-I-Itfl: () <;uJv? ~&Zl 770 I ()c ,,;4 ~ /1'" CC ';:/-7.s ) ,n" 1 -: ~! COASTAL ENGINEERING CONSULTANTS INC Agenda Item No, 88 Septe mbce,.J, ~r2Q.Cl,;lrvlces PaYtJ 1m u'j''fzf'5! Civil Engineering Planning Services Survey & Mapping Coastal Engineering Real Estate Appraisal Webslfe: www.coastalen~ineering.com A CECI GROUP COMPANY September 2, 2004 Ms, Kay Deselem Principal Planner Collier County Government Zoning and Land Development Review Department Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 RE: Neighborhood Information Meeting (NIM) Commitments and Audio Tape _ Bembridge ESC CFPun AR-5998 CEC File No. 03.130 Dear Ms. Deselem: I am in receipt of the draft commitments submitted to us by Linda Bedtelyon that were discussed at the Neighborhood Information Meeting conducted on August 10,2004, We have reviewed them and offer some clarifications below, 1, "The complex buildings will be 117 -120,000 square feet" Clarification: The Emergency Services Building will be 117 - 120,000 square feet. Also included in the PUD is EMS Station #19 which is an additional 5,000 square Teet. EMS Station #19 was previously approved under a Site Development Plan. 2. "Building height up to four stories" Clarification,' The building is projected for up to five stories, However, current building plans call for a four story building, The Comty wishes to maintain the option to build an additional story. 3. "No outside training" Clarification: No training will be conducted outside during normal business hours. Please update your records to reflect the changes to the commitments made at the NIM. Also included in this submittal is the audio tape of the meeting. 3106 $, Horseshoe Drive, Naples, Florida 34104 . Phone (239) 643-2324 Fax (239) 643-1143 . E-Mail: engcollier@cecifl.com SERVING FLORIDA SINCE 1977 Agenda Item No. 8B COASTAL ENGINEERIWtl~f'~\l~~~~~NC. 1 Ms. Kay Deselem September 2, 2004 Page 2 If you have any questions, please do not hesitate to contact me at (239) 643-2324 x120 or vcauterora2cecifl.com. Sincerely, COASTAL ENGJNE~ANTS' INC. ~1i:A1CP Vice President Planning Services Enclosure - As noted cc: Dan Summers, Collier County Emergency Mgmt. Dept. Jack Crognale, Collier County Facility Mgmt. Dept. Jim Von Rinteln, Collier County Emergency Mgmt. Dept. Linda Bedtelyon, Collier County Community Planning Coordinator Dan Johnson, TKW Blayne Rose, Harvard Jolly Marvin Scharf, Scharf & Associates, Inc, Don Murray, Coastal Engineering Consultants, Inc. J: IDaUJ\2003\0313 O\Correspondence I03130DeselemNIMcommirmentsLtr20040902,d oC .}';' Agenda Item No. 88 September 13, 2005 Page 82 of 143 11113 ~ .. . E ~CA.r fro~ TRAFFIC IMPACT STATEMENT FOR COLLIER COUNTY EOC (PROJECT NO. 040324) " PREPARED BY: Metro Transportation Group, Inc. 12651 McGregor Boulevard, Suite 4-403 Fort Myers, Florida 33919-4489 239-278-3090 April 15, 2004 punZ-A 2004-AR-5998 Project # 19990090 Bembridge EOC pun June 14, 2004 Agenda Item No, 8B September 13, 2005 Page 83 of 143 (lll3 fi!!jJ I. INTRODUCTION Metro Transportation Group, Inc, (Metro) has conducted a traffic impact statement for the proposed Collier County EOC development. The site is located on the east side of Santa Barbara Boulevard between its intersections with Radio Road and Davis Boulevard within Collier County, Florida. The site location is illustrated on Figure 1. The proposed Collier County EOC development is slated to contain a 99,279 square foot emergency operations center for Collier County. Access to the site will be provided via two access points to Santa Barbara Boulevard. This report examines the impact of the development on the surrounding roadways. A methodology meeting was held over the phone with the Collier County Transportation Planning Staff on April 13, 2004 in order to discuss the necessary analysis that will be required as a result of the Collier County EOC development. Trip generation and assignments to the site access drives will be completed and analysis conducted to determine the impacts of the development on the surrounding intersections. II. EXISTING CONDITIONS The subject site is currently vacant. The site is bordered to the west by Santa Barbara Boulevard, To the south, the site is bordered by vacant land, To the east of the subject site is the existing Calusa Park Elementary School. The site access driveway for the Calusa Park Elementary School borders the subject site to the north, Santa Barbara Boulevard is a four-lane divided roadway that currently terminates at Davis Boulevard to the south of the subject site. The Collier County Five Year Work Program indicates the six-Ianing of Santa Barbara to the north of Davis Boulevard is scheduled for construction within Fiscal Year 2005. This roadway improvement was accounted for as a part of this analysis. The minimum Level of Service (LOS) Standard for this roadway adjacent to the subject site is LOS "D". Santa Barbara Boulevard's intersection with the Calusa Park Elementary School operates under signalized conditions. Page 1 Agenda Item No. 88 September 13, 2005 Page 84 of 143 ~~ Santa Barbara Boulevard has a posted speed limit of 45 mph and is under the jurisdiction of Collier County. III. PROPOSED DEVELOPMENT The proposed Site Development Plan application for the commercial development proposed within the Collier County EOC indicates the construction of 99,279 square feet of commercial floor area, A list of the uses allowed on the subject site upon completion includes, but is not limited to the following: · Emergency Services Administration Offices · Emergency Medical Services Operations · Emergency Management/Emergency Operation Center · Communication Info Technology · Information Technology Back-up for Governmental Operations · Public Information Studio and Media Briefing Facilities · Collier County Sheriffs Office Substation · Collier County Sheriffs 9-1-I/Communications Center Since this development will function as a governmental facility, it was deemed most appropriate during the methodology discussions to calculate the trip generation of the proposed development based on the Government Office Building Land Use, Table 1 summarizes the land use utilized for trip generation purposes for the subject development. Table 1 . Collier County EOC Land Uses LandUse ' Government Office Buildin The proposed development will access Santa Barbara Boulevard via two full access points. The northernmost access point will be shared with the Calusa Park Elementary School, and it currently operates under signalized conditions. Page 3 Agenda Item No. 88 September 13, 2005 Page 85 of 143 [liL3 [ill)) IV. TRIP GENERATION The trip generation for the proposed development was determined by referencing the Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 7th Edition. The trip generation of the proposed commercial development was calculated based on Land Use Code 730 (Government Office Building), as previously discussed. Only the P.M. peak hour trip generation is based on more than one survey for Land Use Code 730. Table 2 outlines the anticipated weekday P.M. peak hour trip generation of the Collier County EOC development. The trip rate for Land Use Code 730 is included within the Appendix of this report for reference. Table 2 Trip Generation Collier County EOC Land Use Weekda P.M. Peak Hour '. ' In Out .' Total '. Government Office Building 35 85 120 (99.279 SQ. ft.) v. TRIP DISTRIBUTION The trips shown in Table 2 were then assigned to the surrounding roadway system based on the anticipated routes the drivers will utilize to approach the site, The project distribution for the proposed development was determined based on agreed traffic distributions for other devel~pments in the surrounding area The resultant traffic distribution is indicated in Figure 2. Based on the traffic distribution indicated within Figure 2, the development traffic was distributed to the site access intersections, Figure 3 indicates the site traffic assignment based on the project traffic distribution, In order to determine which roadway segments surrounding the site will be significantly impacted, Table lA, contained in the Appendix, was created, This table indicates the impact percentages on the area roadway network. According to the Significance Test from Collier County Ordinance 3.15.6.4.3, the development traffic was compared to the Level of Service Standard for Peak Hour - Peak Direction traffic conditions as defined by Page 4 COL() ~'SS J J) E"'- 205 -.0 roE -g2 e])Q. Ole]) <((I) ~ N -, . .., ., I' :;, u.. - W z*~~ ~ COLLIER BOULEVARD W I- <C>- ~~ Wo:: 9<( on.. <.!) It:l """ W ~ (I) 0:: W I- ~ ! o "... ?fl. + +~+ ~ rn ?fl. +~+ en +~ SANTA BARBARA BOULEVARD LIVINGSTON ROAD .~,...... --,< t '" o C'r.I + ~ 0:: Q c ~ .- .,.-- ."'1"_- -.. .._" c a: ~ w ....J ::l o cc en ~ C z o i= :::> lD ~ I- 00 Cl (5 Z I- UJ Z (!) w UJ U ...J c:: LU a. ! '" o N + ! o N + ! '" o M + N ~ :J 0) U. z o ;:: :::::>0 9;!0 l:l::UJ ~~ oz 0::> -0 tto <co:: Cl::w 1-:::::; f--J 00 WO .., o a:: Cl. ~ I " 25 o LO ..... ~ 20 +~ --- +~ LO LO ..... Cl 0:: ~ W ...J :::::l o 0) <C 0:: <C 0) 0:: <C 0) ~ Z <C en " 15 o N LO ~ 25 +~ ~ N C"i o ..r o Ii. --- +~ LOll) ..... LEGEND ... 000 WEEK DAY PM PEAK HOUR TRAFFIC .. September 13, 2005 Page 87 of 143 N W*E S N.T.S. fREffi. O~. . P,M, PEAK HOUR SITE TRAFFIC ASSIGNMENT COLLIER COUNTY EOC . -. --.. -. Figure 3 fffi3~ Agenda Item No. 88 September 13, 2005 Page 88 of 143 the 2003 Collier County Annual Update Inventory Report (AUIR). The Level of Service threshold volumes were obtained from the Collier County Transportation Planning Staff and are attached in the Appendix of this report for reference. It should be noted that Santa Barbara Boulevard along the project frontage was analyzed as a six-lane roadway as a result of the six-Ianing of this link with an anticipated start date within Fiscal Year 2005. For this roadway link, the Level of Service threshold volumes were taken from the FOOT Level of Service Handbook, Table 4-7, Generalized Peak Hour Directional Volumes for Florida's Urbanized Areas, is attached in the Appendix of this report for reference. Table 3 indicates the adopted Level of Service Standard for the surrounding roadways. , . ' '.... .. . " Lirik' 'L,ev,el.of " Roadway .- .' ; Service. From . , To," . Standard' . LOSD Airport Pulling Rd County Barn Rd (2,430 veh) County Barn Rd Santa Barbara Blvd LOSD Davis Boulevard (2,400 veh) Santa Barbara Blvd Radio Rd LOSD ( 1,090 veh) Radio Rd Collier Blvd LOSD (1.090 veh) Livingston Rd Santa Barbara Blvd LOSD Radio Road (2,030 veh) Santa Barbara Blvd Davis Blvd LOSD (2,120 veh) Golden Gate Pkwy Radio Rd LOSD Santa Barbara Blvd (2,450 veh) Radio Rd Davis Blvd LOSD (2,450 veh) Table 3 Collier County EOC Level of Service Standard VI. FUTURE TRAFFIC CONDITIONS It was assumed that the proposed commercial site would be completed by the year 2007, Therefore, the future background traffic volumes were calculated by growing the AUIR's 2003 peak hour volume for the significantly impacted roadway links to 2007 traffic conditions based on the annual growth rate determined from the most recent Collier Page 7 Agenda Item No. 88 September 13, 2005 Page 890f 143 rtuaEi1!)) County Traffic Count Report. Table 2A in the Appendix of the report indicates the methodology utilized to determine the 2007 peak hour, peak direction traffic volumes for the surrounding roadways, Based on the project distribution shown in Figure 2, the link data was analyzed for the 2007 traffic conditions both with and without the Collier County EOC development traffic. Table 4 indicates the percent impact to the adopted Level of Service for each link within the study area, mpac 0 op1e eve 0 ervlce n ar .." . -.. Level of " Project Traffic I I Roadway L,ink (ID #), Service' Impac(toLtwel ....\ Standard ofServ'ice .. . . Impact % Standard " ...,' .:.. . ' ' W, of County Barn Rd (# 16) 3% 0.5% Davis Blvd W, of Santa Barbara Blvd (# 17) 3% 1.1% W. of Radio Rd (# 18) 3% 1.6% W, of Collier Blvd (# 18) 3% 1.6% Radio Rd W. of Santa Barbara Blvd (# 79) 3% 1.3% E. of Santa Barbara Blvd (# 80) 3% 0.4% N. of Radio Rd (# 86) 3% 1.7% Santa Barbara Blvd N. of Site (# 87) 3% 1,7% N, of Davis Blvd (# 87) 3% 0.3% Table 4 Collier County EOC 1 t t Ad t d L I f S ' Sta d d As can be seen from Table 4, no roadway links will be significantly impacted as Figure 4 indicates the year 2007 peak hour - peak direction traffic volumes and Level of Service for the significantly impacted roadway links in the study area, Noted on Figure 4 is the peak hour - peak direction volume and Level of Service of each link should no development occur on the subject site and the peak hour - peak direction volume and Level of Service for the weekday A.M. and P.M. peak hours with the development traffic added to the roadways, As a part of the analysis required within this report, intersection analysis was required at the project access points to Santa Barbara Boulevard, In order to determine the 2007 turning movement counts at the site access intersections, the appropriate D-factor was utilized to convert the 2007 peak hour, peak season, peak direction traffic volume into an Page 8 COLt) ~8 'oj ,') E~ 2Qj -~ roE -g2 Ola. OlOl <(C/) ~ M o .., o u.. w Z*0~ ~ COLLIER BOULEVARD w ~ >- " <C Z~ we::: 9 <( o 0.. " LO ,... W I- ~ C/) e::: w I- Z U U:z Z L1.0 UO ~~ tt~ 0::0 o::ogz ::lZ" ::lZ " O::l- O::JI-Ci5 :C0cr:l ~o::W J:OUW U)"~ ~o::wO LfjG-,W c..~U c..O~~ U- Cl z<c> Z<c..> Z om 0:: oc:l:Effi W cr:lZW (/,)zc..(/) (!) U)ocr:l U5Q(/)U,. -L1. w UJt;o (/)1-::l0 ...J ~w...J ~~...J...J U5o::W USo::c..w -> -U(jj 0.. Ow Q.,OU::...J ,...~...J ,...:lI:::L1.0 oU5O g~~z o Z Nc..<( NQ.,I-<l: ~ ::;-. ~ I I g ~ ::;-. = b p= , I(\') OCX) ~~ -..- .... - Irn\ SANTA BARBARA BOULEVARD LIVINGSTON ROAD o <C o 0:: Q o ~ C) c::: ~ W ...J ::l o CO cr:l ~ C) v Q) L- ::J 0) i.i: en 2 o j:: - Co 20 8w 2~ LJ..Z LJ..::> ~O 1-0 1-0::: :::>W O:J I ...J 00 ~O :::> CD I"- a a C\J c::I I Agenda Item No. 8B September 13, 2005 Page 91 of 143 ~Iill)) off-peak traffic volume, In addition, the website for the Calusa Park Elementary School indicates that the school serves approximately 940 students. Therefore, a P.M. peak hour trip generation calculation was performed based on Land Use Code 520 (Elementary School), The P.M, peak hour of the Generator was assumed as the P.M. peak hour of the adjacent street due to the lack of data during the P.M. peak hour of the adjacent street traffic. The school traffic was then distributed to the site access intersection based on the distribution indicated for this project. In addition, the project traffic indicated within Figure 3 was added to the 2007 background traffic projections in order to obtain the 2007 buildout turning movements at the area intersections, Figure 5 indicates the resultant 2007 P.M. peak hour buildout turning movements at the surrounding intersections. VII. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS Figure 4 details the Level of Service for all links inside the project's area of influence. These Levels of Service were derived based on the Level of Service thresholds indicated within the Collier County ART-PLAN 4.0 Spreadsheets and Table 4-7 of the FDOT Level of Service Handbook as previously indicated. Table lA in the Appendix details the calculations to determine the Level of Service on the analyzed links based on the build-out traffic conditions of the Collier County EOC site, Access to the site is being provided via two full access points to Santa Barbara Boulevard. According to the information indicated within Figure 4, all roadway links significantly impacted as a result of the proposed Collier County EOC will operate acceptably when the development traffic is added to the surrounding roadway network. All roadway links will maintain a Level of Service at or better than the accepted Level of Service standard according to Collier County. Therefore, no roadway link improvements will be required as a result of the proposed Collier County EOC. Intersection analysis was performed at the site access intersections to Santa Barbara Boulevard intersection. These intersections were analyzed utilizing the latest version of the HCS2000 software, The Santa Barbara Boulevard/Calusa Park Elementary School access currently operates under signalized conditions. Attached in the Appendix of this Page 10 "'" N M o C!) Lt.. rfTE1MO) ~ "- 95 C"\!.L.C) .... eo ~ 85 +~ --- +~ 00 oeo 00. .... o 0:: ~ ...J ::::> o CD ~ ~ 0:: <( CD ~ Z c;j ~ "- 15 ('l") ...: L.C) ~ 25 +~ --- +~ L.C) 1.0 ~T"" .... LEGEND ... 000 WEEK DAY PM PEAK HOUR TRAFFIC 2007 P.M, PEAK HOUR BUILD-OUT TURNING MOVEMENTS Agenda Item No.8 September 13, 2005 Page 92 of 143 N W*E S N.T.S. Figure 5 Agenda Item No. 8B September 13, 2005 Page 93 of 143 (iIa~ report are the resultant HCS2000 data sheets. In order to illustrate the results of the intersection Level of Service analyses, Table 5 was created. The Level of Service of each intersection/intersection approach at the area intersections are shown in Table 7. Table 5 Collier County EOC It' LOS A I 'R It n ersectIon nalVSIS esu S , . 2008 Background 20~8 Build-out Intersection Appr~ach ., Level of Service Level of Service Santa Barbara Blvd @ Calusa Park B B Elementary School Santa Barbara Blvd @ Site WB -- E Access SB left -- C Based on the intersection analysis results indicated within Table 5, no intersection improvements beyond turn lane modifications at the site access driveways will be required as a result of the addition of the proposed Collier County EOC development traffic. No intersection approach that is directly impacted by the proposed Collier County EOC development is shown to experience an adverse impact as a result of the added development traffic. Turn lanes will be required as a result of the proposed Collier County EOC development. Currently, both a 580 foot northbound right turn lane and a 580 foot southbound left turn lane exist on Santa Barbara Boulevard at the Calusa Park Elementary School entrance, These turn lanes will remain sufficient after the addition of the Collier County EOC development traffic. In addition, a southbound left turn lane will also be required on Santa Barbara Boulevard at the southern site access driveway as a result of the proposed development traffic, This turn lane should consist of 265 feet of total distance. In addition, a northbound right turn lane of 240 feet in length will be required at the southern site access as a result of the Collier County EOC development. No additional turn lane improvements will be required as a result of the proposed Collier County EOC. Page 12 Agenda Item No. 88 September 13, 2005 Page 94 of 143 rtua~ VIIL CONCLUSION The proposed Collier County EOC commercial development located on the east side of Santa Barbara Boulevard between its intersections with Radio Road and Davis Boulevard within Collier County, Florida will not adversely impact the existing roadway network. The surrounding roadway network was analyzed based on the projected 2007 build-out traffic conditions, Based on the analysis contained within this report, no roadway links are anticipated to be significantly impacted as a result of the added commercial development traffic, Regardless, all roadway links analyzed as a result of this report are shown to operate under acceptable Level of Service conditions when the development traffic is added to the roadway network, Intersection analysis was performed as a result of this analysis. Based on the results of the intersection analysis, no intersection improvements will be required as a result of the addition of the development traffic. All intersections/intersection approaches that are directly impacted by the proposed Collier County EOC are shown to operate under acceptable Level of Service conditions when the development traffic is added, Turn lanes are required as a result of the proposed Collier County EOC, The existing turn lanes on Santa Barbara Boulevard at the Calusa Park Elementary School will continue to function acceptable upon the addition of the Collier County EOC traffic. A southbound left turn lane on Santa Barbara Boulevard of 265 feet in length is required at the site access intersection, In addition, a northbound right turn lane of240 feet in length is required on Santa Barbara Boulevard at the site access intersection as a result of the added development traffic, No additional intersection improvements will be required as a result of the proposed Collier County EOC development. \k:\2004 \03 \24\rcport,doc Page 13 , Facilities PlanninG' & C 5775 Osceola Trail onstructioD Naples, FL 34109 PhoDe: (239)377-O240 'J:N~r I." "'-- \ Fn: (239) 377-0231 c.. ........ f: . . A\te€.('\'e~\ acslml1e transmittal TO: '1J~~ :ViAJ Fax: ;: ';-3 - J I..f. ,:;~~hr ~~ ~!J~j6: RE' tlnd-......, , "?;tm~'PL1.D/~E~~ J,~ COMMENTS: () i:;':;~uic~...ehOOI ~ 2 . i E= " a. \ . ::T~:.., ~ "J" ~ Collier CO\l~ tffi-SUBMIl\~~ PUDZ-A20'~ a Item No. 88 ~;:SM8 13 2005 PROJECT #199900!Jf 95 ~f 143 DATE: 12/1104 KAY DESELEM ,1 : ;1 . ~! " il 'i Ii 11 j! ,I !. 'I !l C0rrr/ I,) .bJ~ ~- ~W Jzw~ ~. )vJ/ p1{t z:;) ... 3.D. (l) 8.11013.34(15) ~~t.-f.~r ?J~ .~ f1-J ~ -h -Hv. P/J..P w.JJ-- (1A-f ~rAA.J1 c.-r- j2.1--k r ~F~t w<- cJJ,) 1'tI7'f w-~ +v.f-.w1. -J... ~ ~arfl'1~ ~~~f) 11> -H~b~ ~/~?~ --\'4.u- M ^ rlAnYa .~t<<;..-.1~~.:r?~ wdh .."v>.....~cJ;" ;vJ.d-Ul -Iv .vrpd-'YJ b~.r. ()~ Agenda Item No. 88 September 13, 2005 Page 96 of 143 BEMBRIDGE EMERGENCY SERVICES COMPLEX PUDZ - A - 2004 - AR - 5998; BEMBRIDGE PUD REVISED APRIL 22,2005 JUSTIFICATION OF DEVIATIONS PUD SECTION W (SUBSECTION 4,13) Deviation #A - Deviation withdrawn, Deviation #B seeks relief from Subsection 5,05,08.C.2.c.i of the LDC which requires a minimum area for window openings to be 30% of the facade, The developer will provide 10% for windows and openings. Because the building will be fully operational during a category five hurricane, a large amount of glass is not feasible. In order to not appear like a bunker, as other EOC's do, we are providing windows at non-critical areas of the building, and allowing daylight in areas operating 24 hours, such as 911. Also, the floor- to-floor heights are a factor limiting the percentage of windows, The ceiling height is 9'- 0" in most areas of the building, As mentioned above, the floor-to-floor heights allow for a 9' plenum containing structure, technology, fire protection and HV AC ducts, Windows would not be useful or desirable in the plenum space. As discussed at the Planning Commission meeting, this facility is not a retail establishment, nor is it an industrial occupancy. It is business occupancy, However, it differs from other business occupancies in that it consolidates the most critical Collier County departments and emergency services. It was discussed that windows are available that meet 175 mph impact requirement. However, even impact resistant windows are much more vulnerable than 8" thick reinforced concrete. Any breach to the exterior shell of the building will be detrimental to the interior operations of the facility. Two Emergency Operations Centers located in coastal regions of Florida, the Broward County EOC, designed by Scharf & Associates and Palm Beach County Emergency Services building, designed by Architect's Design Group do not have any windows, and are therefore less likely to incur a breach than this new state-of-the-art facility. Although we compromise the security of the facility in the event winds exceed 175 mph, we have taken into consideration the sensitivity to aesthetic design, and providing daylight to some of the less-critical areas. In an effort to meet the intent of the code, we have provided windows at every fayade corresponding to the function of the spaces inside. At the primary fayade, openings and windows provide for 10% of the entire fayade area. It is our recommendation that the requirement of 30% windows remain a deviation and that what is described above be taken into consideration. Deviation #C - Deviation withdrawn. Deviation #D seeks relief from Subsection 4.06.02.C.1 of the LDC, which requires a 10 foot wide Type A landscape buffer along the east boundary of ESe parking lot (school retention pond). We're asking to deviate to 3 ft width. No hedge is required, however, we propose a 2 ft hedge, growing to 3 ft to help off-set not meeting the width List of Deviations Bembridge PUD April 22, 2005 Page 1 of2 Agenda Item No. 8B September 13, 2005 Page 97 of 143 requirement. We are complying with the tree requirements. Landscaping that is removed as a result of maintenance of the lake shall be replaced at the expense of the property owner. Deviation #E - Deviation withdrawn, Deviation #F seeks relief from Subsection 5.06.06.C.I of the LDC - Signs, which limits the number of signs to one pole or ground sign, Typical school signs include marquee signs used for public information. Calusa Park Elementary School shall be permitted two entry signs with one being a marquee sign for display of public information. Deviation #G - Deviation withdrawn. List of Deviations Bembridge PUD April 22,2005 Page 2 of 2 Agenda Item No. 88 September 13, 2005 Page 98 of 143 RADIO ROAD (C.R. 8S8) Pendin zoned :z L..J 0 X ~ ::5 BERK SH IRE I- ...J z: -< LAKES S I:I:l BRETON NE (DRI) !l... :i PARK (DRI~ .5 ~ ~ co C"") 5 ~ ,: o ....< ~ -Iii' ~ Q)- U == U1J ctl ,... ctl : J "Oc~;.J c 1-~3 Q)D.-" ClQ)~~ 4: 1-. ~ ~ 8 ~ . ~ ~I CR!V^J"VlOl:1'1'IiV~YJ.NWS rt-~0 \ ~ In\; / I I i II 1 ~~ 1 "--1 ~"'''J I I i ,\;1 h ! ! II ! \~ \.\ .>1 \\ ~ <t~~r c' ~ 1:'8 . eft ! f; ~ ii, ! ~: i I Q lj ~ 21 ;G\A I~ \ ~ . " "' -I g ~ ~ ~! .. I, ~ I L k~ lell ~ Z I Ol ::) \II ~ fi ~ ~ :) ...J ~ ~ ;; ~ " "' '" '" ~i t' ~~ Iq. .; ~ U~ ~i" o ~8~ ~h '~5 ee~ ~~~ EL I '; I" ~ ~ ! t, i~ I '" c; " <: ---------------- , I<JlSI6lX3CW~...,...,.,.".o.IIfI;H\IJU ---~------------ . ~ q , I : , . ! ~ c! ~i i .. ,;. r-~-= - --~"i Ii January 26, 20056:12 PM Richard & Jane Allen 215-295-7861 p,02 Agenda Item No. 8B September 13, 2005 Page 100 of 143 TO: Kay Deselem, Principal Planner Collier County Development and Environmental Services Division Department of Zoning and Land Development Review FROM: Richard L. Allen and Jane B. Allen 7360 St. lves Way, #2304 Naples, FL 34104 RE: Petition PUDZ-A-2004-AR-5998 The Bembridge Emergency Service Complex PUD DATE: January 26, 2005 We strongly object to the development of the Bembridge Emergency Service Complex. We envision ambulances coming and going and possibly helicopters also. Even now we find the noise from Santa Barbara intolerable during high traffic periods and we rarely sit on our lanai because of that. This additional noise would be unbearable for us. We question the wisdom ofloeating such a facility so near to a school. We feel the emergency traffic would endanger the children. We have had an experience in which a helicopter crashed onto a playground killing many children. Should this facility be built, the value of our property would be significantly reduced, We strongly urge that the above petition to change the zoning be withdrawn. -- '_."~----- ----._. April I, 2005 Agenda Item No, 88 September 13, 2005 4Gf.a9 "",;1 of 143 ~ ..:. (touNTRlSIDEI GOLf AND COUNTRY CLUB Collier County Planning Commission Attention: Susan Murray 2800 North Horseshoe Naples, FL 34104 Dear Planning Commission: This is a letter stating the position of Countryside's Master Board of Directors, the governing body of our community. We want to voice our strong opposition of Santa Barbara Boulevard as the site for the Collier County Emergency Operations Center. As you know, this site is located in a residential neighborhood adjacent to Calusa Park Elementary School. In order to meet legal requirements to build the EOC,zoning has to be changed and variances to codes need to be granted. According to recent newspaper reports, Emergency Management staff is going to redesign the original proposed plans. However, comments attributed to the Collier County Planning Commissioners still apply. Commissioner Mark Strain said, while referring to the original plan, he liked the buildings design but had problems with the location, Commissioner Bob Murray said the County should never have come forward with such a flawed plan "they don't belong on that property", There is no other building in the immediate area that has the height of the EOe. Commissioner Budd said, "Increased building heights have a dramatic impact on local neighborhoods", He also stated "any private developer that requested land use variances on this basis, would be told that they were simply trying to squeeze too many buildings on too little property" , We feel these statements still hold true. It appears the Santa Barbara Boulevard location was selected as a matter of convenience and very little, if any thought was given to looking for a more appropriate site where the zoning was compatible with intended use. Commissioner, we at Countryside know this is a difficult decision. We feel there has to be a more appropriate site, other than Santa Barbara Boulevard. We urge you to have Emergency Management Staff find this location. w~ Richard Kudelski President, Countryside Master Board cc: Countryside Master Board of Directors William O'Connor, General Manager Collier County Planning Commissioners Mailing Address 600 Countryside Drive Naples, Florida 34104 (239) 353-1780 FAX (239) 353-3717 ~,." ~ , Agenda Item No, 88 September 13, 2005 Page 102 of 143 Collier County Citizen Corps Advisory Committee Collier County Florida \~~ To: CoUier County Planning Commission 3301 Tamiami Trail, East Naples, Florida 34113 Re: Collier County ESC Project Apriln'" 2005 Dear Planning Commissioners, As Chairmu of The Collier County Citizen Corps and on behalf of it memben;T --- - would like to take this opportunity to address a matter of high importance to the citizens of our County, the proposed new ESC Center. The Collier COUDty Citizen Corps Advisory Board was csUlblished by onlinuee 02-56 in November 2002. Its purpose was to provide emergency preparedness coordination and advice to the Board Of County Commissioners in response to President Bush's request in the wake of 2001 9/11 strikiDg our COUDtry. Some twenty ODe disaster voluuteer organizations as well as muy CODDty Emergeacy Responden make up your County Citizen Corps. Last yean storms "ave east in stone the need for aD updated ESe Building that will provide the security, protection and response for the needs ofthe increasing growth of our counties population needs in time of not only weather related disaster but also to be prepared for acts of terror .,.in,t our CODIIDUDity. Aprill, 2005 our county had an estimated 329,000 residents with an estimate of some 453,000 wheD seasoDaJ guest arrive. By October lit some 7,000 more will occupy our county. QueStions from residents in the area of the proposed ESC have risen causing fui1&er~'-'- delay on this Deeded projed. Maay of tlaese quesooas have either been answered withia reason as well as having the building plaD re-adjutecL A neent new's article of area residents with objections to the site amounted to about .020.10 of our counties in season population of 453,000. The welfare and security of our county citizens must be weighed by the ovenD benefit to the majority of those it serves. Dramatic improvements to our counties preparedness is making tremendous headway especially after we aD ,had a frODt row seat in witne.uing the effects of the past storm season, however thereJ.much more to do with ont delay. Our ESC is badly needed. '~ Sincerely, .'\~.'.."~..'f2.- \ "".". '. '.. ...., J.Jl>AW'\ , "h-~ \ ~ \ .: -:y- . '" / Walter R. Jaski~U ~,,/',\, ~ , \ ~ I I I I ; , , - ... ~'" ~::: ~ .\ .....1 \, ;' ~~~();"1i;,~t.:\ C:t:~~ , , i I '<.: ,4 i Agenda Item No. 88 September 13, 2005 Page 103 of 143 ORDINANCE NO. 05- AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSNE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD), TO COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) FOR A PROJECT TO BE KNOWN AS BEMBRIDGE ESC COMMUNITY FACILITIES PUD, TO AMEND THE PUD DOCUMENT AND MASTER PLAN TO SHOW A CHANGE IN USE FROM RESIDENTIAL DEVELOPMENT AND A CHURCH OR A NURSING HOME, TO ALLOW DEVELOPMENT OF COMMUNITY FACILITIES TO INCLUDE AN EMERGENCY MANAGEMENT OPERATIONS CENTER, OTHER GOVERNMENT FACILITIES, AND AN EXISTING ELEMENTARY SCHOOL FOR PROPERTY LOCATED ON SANTA BARBARA BOULEVARD, NORTII OF DAVIS BOULEVARD, IN SECTION 4, TOWNSIllP 50 SOUTII, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.82:1: ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-06, AS AMENDED, THE FORMER BEMBRIDGE PUD ORDINANCE; AND BY PROVIDING AN EFFECTNE DATE. WHEREAS, Coastal Engineering Consultants, Inc., representing Collier County Board Of County Commissioners, petitioned the Board of County Commissioners to change the zoning classification ofthe herein described real property, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that; SECTION ONE: The Zoning Classification of the herein described real property located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to CFPUD for a project known as the Bembridge PUD, to amend the PUD document and Master Plan to show a change in use from residential development and a church or a nursing home, to allow development of community facilities to include an Emergency Operations Center, other government facilities, and an existing elementary school in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Page 1 of 2 Agenda Item No. 88 September 13, 2005 Page 104 of 143 Ordinance Number 2004-41, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 98-06 as amended, known as the Bembridge PUD, adopted on October 13, 1998, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to Form and Legal Sufficiency MaIjorie M. Student-Stirling Assistant County Attorney PUDZ-A-2004-AR-S998/KDlsp Attachment: PUD Document Page 2 of 2 Agenda Item No. 88 September 13, 2005 Page 105 of 143 BEMBRIDGE EMERGENCY SERVICES COMPLEX A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BEMBRlDGE EMERGENCY SERVICES COMPLEX, A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREP ARED FOR: COLLIER COUNTY BOARD OF COUNTY COMMISIONERS PREPARED BY: Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, Florida 34104 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit A Revised April 29, 2005 G:\Currcnt\Dcsclcm\PUD Rczoncs\Bcmbridgc Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and cxhibits\PUD Doc 1 Revised 4-29-05 clean copy,doc TABLE OF CONTENTS Pa2e List of Exhibits.. ,.... ..... ..... ............. .....,..... ..,...., ..,.... ..... ..,.............3 Statement of Compliance ............. ..... .................. ,....,............ ,.......4 Section I Property Ownership and Description...,.".,.......".,...".5 Section II Project Development Requirements ......,.......,....,....... 7 Section III Community Facilities Areas Plan ..................,..,....... 10 Section IV General Development Commitments,..................,.... 15 Agenda Item No, 88 September 13, 2005 Page 106 of 143 G:\C\lITCIlt\Deselem\PUD Rczones\Bembridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 2 Revised 4-29-05 clean copy. doc Agenda Item No. 88 September 13, 2005 Page 107 of 143 LIST OF EXHIBITS EXlllBIT A PUD Master Plan G:\Current\Deselem\PUD Rezones\Bembridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 3 Revised 4-29-05 clean copy.doc Agenda Item No. 88 September 13, 2005 Page 108 of 143 STATEMENTOFCOMWL~CE The development of approximately 39.82:f: acres of property in Collier County, as a Community Facilities Planned Unit Development to be known as Bembridge Emergency Services Complex Community Facilities Planned Unit Development (Bembridge ESC CFPUD) shall be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP), and implementing land development regulations. The Calusa Park Elementary School and auxiliary school facilities are subject to the lnterlocal Agreement adopted in May 2003, The Calusa Park Elementary School and existing facilities shall also be considered consistent with the Growth Management Plan, The land uses of the CFPUD will be consistent with the growth policies, land development regulations and applicable comprehensive planning obj ectives of each of the elements of the GMP for the following reasons: 1. The subject property is within the Urban Mixed Use, Urban Residential Subdistrict Land Use Designation and located just north of Activity Center #6 as identified on the Future Land Use Map, Government facilities and essential services are permitted within this designation. 2, The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity as required in Objective 2 of the Future Land Use Element (FLUE). 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE, 4, The project development will result in an efficient and economical extension of community facilities and services, 5, All final local development orders for this project are subject to Sections 6,02.00 and 10.02.07 of the Collier County Land Development Code (LDC). 6, The Bembridge ESC CFPUD is compatible with and complementary to existing and future surrounding land uses and is considered to be consistent with Policy 5.4 of the FLUE, G:\Cum:nt\Deselcm\PUD Rezones\Bembridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 4 Revised 4-29-{)5 clean copy. doc Agenda Item No, 88 September 13, 2005 Page 109 of 143 SECTION I PROPERTY OWNERSIDP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Bembridge ESC CFPUD, 1.2 LEGAL DESCRIPTION The subject property is currently known as the Bembridge PUD, which is approximately 39,82:1: acres, located in Section 4, Township 50 South, and Range 26 East, and described as follows: The Northwest 1/4 of the Southwest 1/4 of Section 4, Township 50 South, Range 26 East, Collier County, Florida. Tax Folio Numbers: 00399840007,00400246406,00400246309 1.3 PROPERTY OWNERSIDP The subject property is currently under the ownership of Collier County, 3301 Tamiami Trail East, Naples, FL 34112, and the Collier County School District, 5775 Osceola Trail, Naples, FL 34109. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project is located on the east side of Santa Barbara Boulevard approximately 2,906 feet south of Radio Road and 1,396 feet north of Davis Boulevard. B. The zoning classification of the subject property prior to the effective date of this approved CFPUD Document was Planned Unit Development (PUD). That PUD was approved by the Board of County Commissioners in 1998 (Ordinance 98-86) for residential and church use with a nursing home. Prior to that date it was designated Agricultural. C. Collier County Public Schools purchased 39.82:1: acres of the Bembridge PUD in January 2000 to build the Calusa Park Elementary School. In 2001 and 2002, Collier County purchased a 5.998:1: acre parcel and a 7:1: acre parcel from the G:\Cum:nt\Deselcm\PUD Rezones\Bernbridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 5 Revised 4-29-05 clean copy,doc Agenda Item No. 88 September 13, 2005 Page 110 of 143 School District of Collier County to build the ESC Center and EMS Station #19 and water management lakes. D. The property has received the following approvals: 1. SDP approval for EMS Station #19 (SDP-2003-AR-4786), May, 2004. 1.5 PHYSICAL DESCRIPTION The project site is located within the Lely Canal Sub-basin, Run-off from the site is routed to the Davis Boulevard swale via an improved easement along the eastern boundary of the Shoppes at Santa Barbara PUD, and then southerly from the Davis Boulevard swale system along County Barn Road, around the Royal Wood Development to a canal which is tied to the Lely Canal, The current permitted, pumped discharge will be replaced by a system of interconnected lakes designed for water quality treatment and run-off attenuation to pre-development rates. A water management lake will be constructed by the Collier County Transportation Division on five acres located in the southwest comer of this CFPUD, which will serve Santa Barbara Boulevard (6-lanes), the ESC facilities (EMS Station #19 and Sheriff's Operation Center), and Calusa Park Elementary School. An existing detention lake is located in the central area of the CFPUD on the elementary school site, Elevations within the project site range from 9.5 to 10.5 feet above mean sea level. The site is within Flood Zone "X" as shown on FEMA Firm Panel 120067 0415, The soils on this site are primarily Boca fme sand and Pineda fine sand and are modified by development of the site, 1.6 PROJECT DESCRIPTION The Bembridge ESC CFPUD is a multi-use project. Major uses consist of those related to public safety (emergency operations facility and emergency medical services), the existing Calusa Park Elementary School and related auxiliary school facilities, and water management facilities which will serve these facilities and Santa Barbara Boulevard. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Bembridge ESC Community Facilities PUD Ordinance." G:\Currcnt\Dcselcm\PUD Rezones\Bcmbridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 6 Revised 4-29-05 clean copy,doc Agenda Item No. 88 September 13, 2005 Page 111 of 143 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective land uses of the tracts included in the project, as well as other project relationships, 2.2 GENERAL A. Regulations for development of the Bembridge ESC CFPUD shall be in accordance with the contents of this Document, CFPUD-Planned Unit Development District and other applicable sections and parts of the Collier County LDC and GMP in effect at the time of building permit application, Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply to the ESC Tracts "A" and "B". Tract "C", Calusa Park Elementary School and auxiliary facilities are subject to the lnterlocal Agreement between the Collier County School District and Board of County Commissioners adopted in May 2003. B. Unless otherwise noted, the definitions of all terms in this CFPUD Document have the same meaning as the definitions set forth in Collier County LDC. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bembridge ESC CFPUD shall become part of the regulations that govern the manner in which the Bembridge ESC CFPUD site shall be developed, D. Unless approved as a deviation in this CFPUD Document, the provisions of Section 1O.02.03.A.3.a. and b, of the Collier County LDC and the lnterlocal Agreement (Adopted May 2003), where applicable, remain in full force and effect with respect to the development of the land which comprises the Bembridge ESC CFPUD. E. The CFPUD Master Plan is illustrated graphically as Exhibit A. A Land Use Summary indicating approximate land use acreages is shown on the Plan. The location, size and configuration of the individual water management features and development tracts shall be determined at the time of final site development plan approval with minor adjustments at the time of final plan approval, in accordance with Section 10.02.03. of the LDC. G:\CuITcnt\Dcsclem\PUD Rczoncs\Bembridgc Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and cxhibits\PUD Doc 7 Revised 4-29-05 clean copy,doc Agenda Item No, 8B September 13, 2005 Page 112 of 143 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The layout of streets and use of land for the various tracts is illustrated graphically by Exhibit A, CFPUD Master Plan, There shall be two land use tracts (Tracts "A" and "C") with necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit A. Tract "A" represents the future Emergency Operations building and the Emergency Management Services building and related facilities. Tract "C" represents the existing Calusa Park Elementary School. An additional development tract, Tract "B", represents the lake and lake expansion area which will provide detention for stormwater run-off from the ESC facilities and the Santa Barbara Boulevard road improvements, B. In addition to the various areas and specific items shown on Exhibit A, such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The Emergency Services Complex main building shall be a maximum of 132,500 square feet. The EMS Station #19 shall not exceed 6,000 square feet. Ancillary uses, such as heating, cooling, air conditioning mechanical equipment buildings and radio tower equipment areas, do not count towards this building area allocation. 2.5 RELATED PROJECT PLAN APPROVAL REOUIREMENTS A. Final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the Bembridge ESC CFPUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit A, Bembridge ESC CFPUD Master Plan constitutes the required PUD development plan. C, The provisions of Section 10.02.03 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section prior to the issuance of a building permit or other development order. D, Appropriate instruments shall be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. G:\CWTCJItIDeselcm\PUD Rczones\Bcmbridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 8 Revised 4-29-05 clean copy. doc Agenda Item No. 8B September 13, 2005 Page 113 of 143 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the CFPUD as provided in the Collier County LOC, Section 1O.02.13.E. G:\Currcnt\Deselem\PUD Rezones\Bembridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 9 Revised 4-29-05 clean copy. doc Agenda Item No. 88 September 13, 2005 Page 114 of 143 SECTION III COMMUNITY FACILITIES PLAN 3.1 PURPOSE The purpose of this Section is to identifY permitted uses and development standards for areas so designated on Exhibit A, Bembridge ESC CFPUD Master Plan, 3.2 GENERAL DESCRIPTION The CFPUD provides for a maximum of 132,500 square feet of building area for permitted and accessory emergency operations uses as well as the existing Calusa Park Elementary Schoo~ on 39.82:1: acres, Ancillary uses, such as HV AC and radio tower equipment areas, do not count towards this building area allocation, 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Educational plants (Tract "C") 2, Emergency management operations center and associated facilities (Tract "A") 3. Emergency operations center (Tract "A") 4, Emergency medical services (Tract "A") 5. Emergency medical services warehouse (Tract "A") 6. Clerk's management information system (MIS) (Tract "A") 7, Information technology facilities (Tract "A") 8. Sheriffs office substation (Tract "A") 9. Sheriffs 9-1-1 / communications center (Tract "A") 10. Traffic operations section (Tract "A") 11, Communications TV studio and media briefing facilities (Tract "A") 12, Administrative service facilities (Tract "A") 13. Essential public service facilities (Tract "A") 14. Safety service facilities (Tract "A") G:\Currcnt\Deselcm\PUD Rczones\Bcmbridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 10 Revised 4-29-05 clean copy. doc Agenda Item No. 8B September 13, 2005 Page 115 of 143 B. Uses Accessory to Permitted Uses: 1, Accessory uses and structures customarily associated with the principal uses, 2. Residential and commercial uses of an accessory nature which are incidental and customarily associated with support of a primary public use on the site for public pwposes and which are consistent with the GMP, 3. Temporary use of the site for public pwposes in accordance with Section 1O.02.06.G. of the LDC. 4, Communication towers up to 175 feet above ground (AGSL) (Tract "A"). 5. Parking facilities (Tract "A" and "C"). 6. Incinerators, HV AC plants and other like facilities (Tract "A" and "C"). 7, Major maintenance and service facilities (Tract "A" and "C") 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: None required. B. Minimum Lot Width: None required. C. Minimum Yards: 1. Principal & Accessory Structures a. Perimeter of CFPUD abutting residentially zoned property. Fifty (50) feet or 1h the building height, whichever is greater, b. Perimeter of CFPUD abutting non residentially zoned property. Twenty- five (25) feet or 1h the building height, whichever is greater, c. Waterfront Zero (0) feet to bulkhead or rip-rap at top or bank, otherwise 20 feet. d. The proposed telecommunications tower shall conform to the requirements of Section 5.05.09.G.7.b. of the LDC. Such tower shall maintain a distance from any residential property boundary equivalent to at least the height of the tower. D. Distance Between Principal Structures on the Same Parcel: A minimum of 15 feet or one-half the sum of the building heights as measured by the closest exterior building walls, whichever is greater. G:\Current\Dcsclcm\PUD Rczoncs\Bcmbridgc Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and cxhibits\PUD Doc 11 Revised 4-29-05 clean copy. doc Agenda Item No. 88 September 13, 2005 Page 116 of 143 E. Distance Between Accessory Structures on the Same Parcel: A minimum of 10 feet between detached accessory structures and between accessory structures and principal structures, F, Maximum Building Height: 1, Principal buildings shall not exceed 72 feet m height or 5 stories, whichever is less, 2. Accessory structures, excluding the telecommunications tower, shall not exceed 50 feet in height. The telecommunications tower shall be limited to 175 feet in height except where it may be increased by conditional use approval, 3.5 PROVISIONS FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with "clear and fill" application requirements pursuant to Subsection 4.06.04.A,l,aiii of the LDC. Off-site removal shall be limited to 10% of the total volume excavated, but not to exceed 20,000 cubic yards as set forth in the Collier County Code of Laws and Ordinances. B. All other provisions of the Collier County Code of Laws and Ordinances, shall apply. 3.6 LANDSCAPE BUFFERS. BERMS. FENCES. AND WALLS The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4: 1 2. Ground cover berms Perimeter 3: 1 Internal to project 3: 1 3. Structural walled berms - vertical B. Landscape buffers, berms, gates, fences and walls may be constructed within the landscape buffer tract along the perimeter of the Bembridge ESC CFPUD boundary prior to preliminary subdivision plat and site development plan G:'CUlTC11t\Dcsclcm\PUD Rczoncs\Bcmbridgc Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and cxhibits\PUD Doc 12 Revised 4-29-05 clean copy. doc Agenda Item No. 88 September 13, 2005 Page 117 of 143 submittal. Sidewalks shall meet the requirements of Section 4.06.02.D.4 of the LDC. Landscape and irrigation plans shall be submitted to Collier County Community Development and Environmental Services (CDES) for approval prior to construction. C, Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers as permitted by Section 4.06.02.D.4. of the LDC. 3.7 DESIGN GUIDELINES AND STANDARDS The Bembridge ESC CFPUD is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts ofland as set forth in Section 2.03.06. of the LDC. 3.8 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Bembridge ESC CFPUD. General permitted uses are those uses which generally serve the facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.01.03. of the LDC, 2. Water management facilities and related structures. 3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Community and neighborhood parks, recreational facilities, and sidewalks, with or without cupolas and benches. 6. Temporary construction and administrative offices for authorized contractors and consultants, including necessary access ways, parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Sections 3,6 and 4.12 of this CFPUD. 8, Fill storage subject to the standards set forth in Section 3.5 of this CFPUD. G:\Currcnt\Deselcm\PUD Rezones\Bcmbridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 13 Revised 4-29-05 clean copy. doc Agenda Item No. 88 September 13, 2005 Page 118 of 143 3.9 SIGNAGE All signs shall be in accordance with Section 5.06.00 of the LDC with the exclusion of signs for Calusa Park Elementary School which are subject to the provisions of Section 1O.02.03,A.3,a, and b, of the Collier County LDC and the lnterlocal Agreement of May 2003, Two entry signs for the Calusa Park Elementary School shall be permitted, if one is a marquee sign. 3.10 SIDEW ALKSIBIKEP A THS A. Pursuant to Section 6.06.02 of the LDC and Section 3.6 and 4.9 of the Bembridge ESC CFPUD, sidewalks/bikepaths shall be permitted as follows: 1, An internal sidewalk: shall be permitted within drainage easements, 2. Sidewalks may be located outside platted rights-of-way when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements, G:\Currcnt\Dcselem\PUD Rezones\Bembridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 14 Revised 4-29-05 clean copy. doc Agenda Item No. 88 September 13, 2005 Page 119 of 143 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Bembridge Emergency Services Complex CFPUD. 4.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans and all applicable State and local laws, codes, and regulations applicable to this CFPUD in effect at the time of site plan submittal with the exclusion of Calusa Park Elementary School which is subject to the requirements Section 10.02.03.A.3.a. and b. of the LDC and the Interlocal Agreement of May 2003. Except where specifically noted or stated otherwise, the standards and specifications of Chapter 4 of the LDC shall apply to this project. The developer, its successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the CFPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer, is bound by the commitments within this Document. 4.3 CFPun MASTER PLAN A. The Bembridge ESC CFPUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of site development plan approval. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. Sunsetting: The Bembridge ESC CFPUD shall be subject to the sunset provisions of Section 10.02.13.D of the LDC, as amended. G:\Cum:nt\Deselem\PUD Rezones\Bernbridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 15 Revised 4-29-05 clean copy. doc Agenda Item No. 88 September 13, 2005 Page 120 of 143 B. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 1O.02.13.F of the LDC, 4.5 ENGINEERING A. Except as noted in this PUD Document, all project development shall be consistent with Chapters 4 and 10 of the LDC. 4.6 UTILITIES A. Water distribution, sewage collection, and transmission systems shall be constructed throughout the project by the developer, Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 04-31, as may be amended. B. Upon completion of the utility facilities, the facilities shall be tested to insure they meet Collier County utility construction requirements in effect at the time construction plans are approved. 4.7 WATER MANAGEMENT A. A SFWMD surface water management permit shall be obtained pnor to approval of the site development plan. B, An excavation permit shall be required for the proposed lakes in accordance with the Collier County Code of Laws and Ordinances. All lake dimensions shall be approved at the time of excavation permit approval. 4.8 ENVIRONMENTAL A. A minimum of thirty (30) percent open space of the gross area of the site, as described in Section 4.02.01.B of the LDC, shall be provided, B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the preserve/open space areas, shall be submitted to the Department of Environmental Services Staff for review and approval prior to final site plan/construction plan approval. C. This CFPUD shall be consistent with the Environmental Sections of the Collier County GMP and the Collier County LDC in effect at the time of final development order approval. G:\CWTCllt\Deselcm\PUD Rezones\Bcmbridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 16 Revised 4-29-05 clean copy. doc Agenda Item No, 8B September 13, 2005 Page 121 of 143 D, Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. E, All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final plan/construction plan approval. 4.9 TRANSPORT A TION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall meet the requirements of the Collier County LDC . B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. D. The development shall be designed to promote the safe travel of all roadway users including bicyclists, and shall provide for the safety of pedestrians crossing said roadways. Sidewalks shall be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation Services Staff. 4.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure, except for a construction site administrative office. 4.11 SIGNS Two entry signs for the Ca1usa Park Elementary School shall be permitted if one is a marquee SIgn. G:\Current\Deselem\PUD Rezones\Bembridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 17 Revised 4-29-05 clean copy.doc Agenda Item No. 88 September 13, 2005 Page 122 of 143 4.12 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Section 4.06,00 of the LDC in effect at time of building permit application, except where a deviation is provided herein. 4.13 DEVIATIONS FROM LAND DEVELOPMENT CODE A. Deviation withdrawn B. Subsection 5.05.08 of the LDC - Windows and facades Deviation from Subsection 5.05,08 C.2,c.i, of the LDC, architectural requirements, which requires glazing covering at a minimum of 30 percent of the affected fayades facing collectors and arterial streets, and from fuyade window requirements. The developer shall provide 10 percent. C. Deviation withdrawn D. Subsection 4.06.02.C.I of the LDC - Buffers Deviation from Subsection 4.06.02.C.I of the LDC, which requires a 10 foot wide buffer along the east boundary of ESC CFPUD, Along Tract A there is approximately 3 feet available between the edge of pavement and tract boundary. The developer shall plant a single row hedge in this strip, Landscaping that is removed as a result of maintenance of the lake shall be replaced at the expense of the developer, E. Deviation withdrawn F, Subsection 5.06,00 of the LDC - Signs Deviation from Subsection 5.06.06.C.l of the LDC, which limits the number of signs to one ground sign or one pole sign. Calusa Park Elementary School shall be permitted two entry signs with one being a marquee sign for display of public information, G. 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Q w DlP'~A.q ""',tt:l-SQOZ: 'l:1 o.s:~ 6IiIlp-W<1l3 M3N\lQNIIeOl'ldl:103 "'O:>-~O-~l.L.~.-qor .oot-\IIPIIfO.l~:<l Agenda Item No, 8B September 13, 2005 Page 124 of 143 ORDINANCE NO. 05- AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIA TE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD), TO COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) FOR A PROJECT TO BE KNOWN AS BEMBRIDGE EMERGENCY SERVICES COMPLEX COMMUNITY FACILITIES CFPUD, TO AMEND THE PUD DOCUMENT AND MASTER PLAN TO SHOW A CHANGE IN USE FROM RESIDENTIAL DEVELOPMENT AND A CHURCH OR A NURSING HOME, TO ALLOW DEVELOPMENT OF VARIOUS PUBLIC AND COMMUNITY FACILITIES TO INCLUDE AN EMERGENCY MANAGEMENT OPERATIONS CENTER, OTHER GOVERNMENT FACILITIES, AND AN EXISTING ELEMENTARY SCHOOL AND POSSIBLE EXPANSION OF THE EXISTING SCHOOL AND POSSIBLE CONSTRUCTION OF ADDITIONAL EDUCATIONAL PLANTS (SCHOOLS) FOR PROPERTY LOCATED ON SANTA BARBARA BOULEVARD, NORTH OF DAVIS BOULEVARD (SR 84), IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39,82:1: ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-06, THE FORMER BEMBRIDGE PUD ORDINANCE; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Coastal Engineering Consultants, Inc., representing CoIIier County Board of County Commissioners, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The Zoning Classification of the herein described real property located in Section 4, Township 50 South, Range 26 East, CoIIier County, Florida, is changed from Planned Unit Development (PUD) to CFPUD for a project to be known as the Bembridge Emergency Services Complex CFPUD, to amend the PUD document and Master Plan to show a change in use from residential development and a church or a nursing home, to aIIow development of various public and community facilities to include an Emergency Operations Center, other govemment facilities, and an existing elementary school and possible expansion of the existing elementary Page 1 of 2 Agenda Item No. 88 September 13. 2005 Page 125 of 143 school and possible construction of additional educational plants (schools) in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 98-06, known as the Bembridge PUD, adopted on October 13, 1998, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2005, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORlDA BY: FRED W, COYLE, CHAIRMAN Approved as to Form and Legal Sufficiency Marjorie M. Student-Stirling Assistant County Attorney PUDZ-A -2004-AR -5 998!KD!sp Attachment: PUD Document Page 2 of 2 Agenda Item No, 8B September 13, 2005 Page 126 of 143 BEMBRIDGE EMERGENCY SERVICES COMPLEX A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BEMBRIDGE EMERGENCY SERVICES COMPLEX, A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: COLLIER COUNTY BOARD OF COUNTY COMMISIONERS PREPARED BY: Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, Florida 34104 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit A Revised August 18, 2005 Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 1 TABLE OF CONTENTS Pa2e List of Exhibits............................................................................. 3 Statement of Compliance ...................... ........................................ 4 Section I Property Ownership and Description .......................... 5 Section II Project Development Requirements ........................... 7 Section III Community Facilities Areas Plan .............................10 Section IV General Development Commitments........................ 15 Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 Agenda Item No, 88 September 13, 2005 Page 127 of 143 2 Agenda Item No. 88 September 13, 2005 Page 128 of 143 LIST OF EXHIBITS EXHIBIT A PUD Master Plan Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-] 8-05 3 Agenda Item No, 8B September 13, 2005 Page 129 of 143 STATEMENT OF COMPLIANCE The development of approximately 39.82:f: acres of property in Collier County, as a Community Facilities Planned Unit Development to be known as Bembridge Emergency Services Complex Community Facilities Planned Unit Development (Bembridge ESC CFPUD) shall be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP), and implementing land development regulations. The Calusa Park Elementary School and auxiliary school facilities are subject to the lnterlocal Agreement adopted in May 2003. The Calusa Park Elementary School and existing facilities shall also be considered consistent with the Growth Management Plan. The land uses of the CFPUD will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property is within the Urban Mixed Use, Urban Residential Subdistrict Land Use Designation and located just north of Activity Center #6 as identified on the Future Land Use Map. Government facilities and essential services are permitted within this designation. 2. The subject property's location in relation to eXlstmg or proposed community facilities and services permits the development's intensity as required in Objective 2 of the Future Land Use Element (FLUE). 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. The project development will result in an efficient and economical extension of community facilities and services. 5. All final local development orders for this project are subject to Sections 6.02.00 and 10.02.07 of the Collier County Land Development Code (LDC). 6. The Bembridge ESC CFPUD is compatible with and complementary to existing and future surrounding land uses and is considered to be consistent with Policy 5.4 of the FLUE. Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 4 Agenda Item No. 88 September 13, 2005 Page 130 of 143 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name ofthe Bembridge ESC CFPUD. 1,2 LEGAL DESCRIPTION The subject property is currently known as the Bembridge PUD, which is approximately 39.82::l:: acres, located in Section 4, Township 50 South, and Range 26 East, and described as follows: The Northwest 1/4 of the Southwest 1/4 of Section 4, Township 50 South, Range 26 East, Collier County, Florida. Tax Folio Numbers: 00399840007, 00400246406, 00400246309 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Collier County, 3301 Tamiami Trail East, Naples, FL 34112, and the Collier County School District, 5775 Osceola Trail, Naples, FL 34109. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project is located on the east side of Santa Barbara Boulevard approximately 2,906 feet south of Radio Road and 1,396 feet north of Davis Boulevard. B. The zoning classification of the subject property prior to the effective date of this approved CFPUD Document was Planned Unit Development (PUD). That PUD was approved by the Board of County Commissioners in 1998 (Ordinance 98-86) for residential and church use with a nursing home. Prior to that date it was designated Agricultural. C. Collier County Public Schools purchased 39.82::l:: acres of the Bembridge PUD in January 2000 to build the Calusa Park Elementary SchooL In 2001 and 2002, Collier County purchased a 5.998::l:: acre parcel and a 7::l:: acre parcel from the Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 5 Agenda Item No. 8B September 13, 2005 Page 131 of 143 School District of Collier County to build the ESC Center and EMS Station #19 and water management lakes. D. The property has received the following approvals: 1. SDP approval for EMS Station #19 (SDP-2003-AR-4786), May, 2004. 1.5 PHYSICAL DESCRIPTION The project site is located within the Lely Canal Sub-basin. Run-off from the site is routed to the Davis Boulevard swale via an improved easement along the eastern boundary of the Shoppes at Santa Barbara PUD, and then southerly from the Davis Boulevard swale system along County Barn Road, around the Royal Wood Development to a canal which is tied to the Lely Canal. The current permitted, pumped discharge will be replaced by a system of interconnected lakes designed for water quality treatment and run-off attenuation to pre-development rates. A water management lake will be constructed by the Collier County Transportation Division on five acres located in the southwest comer of this CFPUD, which will serve Santa Barbara Boulevard (6-lanes), EMS Station #19, and Calusa Park Elementary School. An existing detention lake is located in the central area of the CFPUD on the elementary school site. Elevations within the project site range from 9.5 to 10.5 feet above mean sea level. The site is within Flood Zone "X" as shown on FEMA Firm Panel 120067 04 15. The soils on this site are primarily Boca fine sand and Pineda fine sand and are modified by development of the site. 1.6 PROJECT DESCRIPTION The Bembridge ESC CFPUD is a multi-use project. Major uses consist of those related to public safety (emergency medical services), the existing Calusa Park Elementary School and related auxiliary school facilities, and water management facilities which will serve these facilities and Santa Barbara Boulevard. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Bembridge ESC Community Facilities PUD Ordinance." Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 6 Agenda Item No. 88 September 13, 2005 Page 132 of 143 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2,1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective land uses of the tracts included in the project, as well as other project relationships. 2,2 GENERAL A. Regulations for development of the Bembridge ESC CFPUD shall be in accordance with the contents of this Document, CFPUD-Planned Unit Development District and other applicable sections and parts of the Collier County LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply to the ESC Tracts "'A" and "B". Tract "'C", Calusa Park Elementary School and auxiliary facilities are subject to the Interlocal Agreement between the Collier County School District and Board of County Commissioners adopted in May 2003. B. Unless otherwise noted, the definitions of all terms in this CFPUD Document have the same meaning as the definitions set forth in Collier County LDG C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bembridge ESC CFPUD shall become part of the regulations that govern the manner in which the Bembridge ESC CFPUD site shall be developed. D. The provisions of Section 1O.02.03.A.3.a. and b. of the Collier County LDC and the lnterlocal Agreement (Adopted May 2003), where applicable, remain in full force and effect with respect to the development of the land which comprises the Bembridge ESC CFPUD. E. The CFPUD Master Plan is illustrated graphically as Exhibit A. A Land Use Summary indicating approximate land use acreages is shown on the Plan. The location, size and configuration of the individual water management features and development tracts shall be determined at the time of final site development plan approval with minor adjustments at the time of final plan approval, in accordance with Section 10.02.03, of the LDC. Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18"()5 7 Agenda Item No. 88 September 13, 2005 Page 133 of 143 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The layout of streets and use of land for the various tracts is illustrated graphically by Exhibit A, CFPUD Master Plan. There shall be two land use tracts (Tracts "A" and "C") with necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit A. Tract "A" represents the future education plant and Emergency Management Services building and related facilities. Tract "C" represents the existing Calusa Park Elementary School. An additional development tract, Tract "B", represents the lake and lake expansion area which will provide detention for storm water run-off from the ESC facilities and the Santa Barbara Boulevard road improvements. B. In addition to the various areas and specific items shown on Exhibit A, such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The EMS Station #19 shall not exceed 7,000 square feet. Ancillary uses, such as heating, cooling, air conditioning mechanical equipment buildings and radio tower equipment areas, do not count towards this building area allocation. 2.5 RELA TED PROJECT PLAN APPROVAL REQUIREMENTS A. Final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the Bembridge ESC CFPUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit A, Bembridge ESC CFPUD Master Plan constitutes the required PUD development plan. C. The provisions of Section 10.02.03 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section prior to the issuance of a building permit or other development order. D. Appropriate instruments shall be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-] 8-05 8 Agenda Item No. 88 September 13, 2005 Page 134 of 143 2,6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the CFPUD as provided in the Collier County LDC, Section IO.02.13.E. Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 9 Agenda Item No. 88 September 13, 2005 Page 135 of 143 SECTION III COMMUNITY FACILITIES PLAN 3,1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas so designated on Exhibit A, Bembridge ESC CFPUD Master Plan. 3,2 GENERAL DESCRIPTION The CFPUD provides for a maximum of 7,000 square feet of building area for permitted and accessory emergency operations uses as well as the existing Calusa Park Elementary School, on 39.82:t acres. Ancillary uses, such as HV AC and radio tower equipment areas, do not count towards this building area allocation. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Educational plants (Tracts "A" and "C") 2. Emergency medical services (Tract "A") Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 10 Agenda Item No. 88 September 13, 2005 Page 136 of 143 B. Uses Accessory to Permitted Uses: 1. Accessory uses and structures customarily associated with the principal uses. 2. Residential and commercial uses of an accessory nature which are incidental and customarily associated with support of a primary public use on the site for public purposes and which are consistent with the GMP. 3. Temporary use of the site for public purposes in accordance with Section 1O.02.06.G. of the LDC. 4. Parking facilities (Tract "A" and "C"). 5. HV AC plants and other like facilities (Tract "A" and "C"). 6. Major maintenance and service facilities (Tract "A" and "C") 3,4 DEVELOPMENT STANDARDS A. Minimum Lot Area: None required. B. Minimum Lot Width: None required. C. Minimum Yards: 1. Principal & Accessory Structures a. Perimeter of CFPUD abutting residentially zoned property. Fifty (50) feet or Y2 the building height, whichever is greater. b. Perimeter of CFPUD abutting non residentially zoned property. Twenty- five (25) feet or Y2 the building height, whichever is greater. c. Waterfront Zero (0) feet to bulkhead or rip-rap at top or bank, otherwise 20 feet. D. Distance Between Principal Structures on the Same Parcel: A minimum of 15 feet or one-half the sum of the building heights as measured by the closest exterior building walls, whichever is greater. E. Distance Between Accessory Structures on the Same Parcel: A minimum of 10 feet between detached accessory structures and between accessory structures and principal structures. Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 11 Agenda Item No. 88 September 13, 2005 Page 137 of 143 F. Maximum Building Height: 1. Principal buildings shall not exceed 40 feet III height or 3 stories, whichever is less. 2. Accessory structures shall not exceed 30 feet in height. 3.5 PROVISIONS FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with "clear and fill" application requirements pursuant to Subsection 4.06.04.A.1.a.iii of the LDC. Off-site removal shall be limited to 10% of the total volume excavated, but not to exceed 20,000 cubic yards as set forth in the Collier County Code of Laws and Ordinances. B. All other provisions of the Collier County Code of Laws and Ordinances, shall apply, 3.6 LANDSCAPE BUFFERS. BERMS. FENCES. AND WALLS The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4: 1 2. Ground cover berms Perimeter 3: 1 Internal to project 3: I 3. Structural walled berms - vertical B. Landscape buffers, berms, gates, fences and walls may be constructed within the landscape buffer tract along the perimeter of the Bembridge ESC CFPUD boundary prior to preliminary subdivision plat and site development plan submittal. Sidewalks shall meet the requirements of Section 4.06.02.D.4 of the LDC. Landscape and irrigation plans shall be submitted to Collier County Community Development and Environmental Services (CDES) for approval prior to construction. Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 12 Agenda Item No. 88 September 13. 2005 Page 138 of 143 C. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers as permitted by Section 4.06.02.D.4. of the LDC. 3.7 DESIGN GUIDELINES AND STANDARDS The Bembridge ESC CFPUD is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts ofland as set forth in Section 2.03.06. of the LDC. 3,8 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Bembridge ESC CFPUD. General permitted uses are those uses which generally serve the facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.01.03.A. of the LDC. 2. Water management facilities and related structures. 3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Temporary construction and administrative offices for authorized contractors and consultants, including necessary access ways, parking areas and related uses. Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 13 Agenda Item No. 8B September 13, 2005 Page 139 of 143 3,9 SIGNAGE All signs shall be in accordance with Section 5.06.00 of the LDC with the exclusion of signs for Calusa Park Elementary School which are subject to the provisions of Section 10.02.03.A.3.a. and b. of the Collier County LDC and the lnterlocal Agreement of May 2003. Two entry signs for the Calusa Park Elementary School shall be permitted, if one is a marquee sign (see Subsection 4.13.F of this Document). 3,10 SIDEWALKSIBIKEPATHS A. Pursuant to Section 6.06.02 of the LDC and Section 3.6 and 4.9 of the Bembridge ESe CFPUD, sidewalkslbikepaths shall be permitted as follows: 1. An internal sidewalk shall be permitted within drainage easements. 2. Sidewalks may be located outside platted rights-of-way when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements. Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 14 Agenda Item No. 88 September 13, 2005 Page 140 of 143 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Bembridge Emergency Services Complex CFPUD. 4.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans and all applicable State and local laws, codes, and regulations applicable to this CFPUD in effect at the time of site plan submittal with the exclusion of Calusa Park Elementary School which is subject to the requirements Section 10.02.03.A.3.a. and b. of the LDC and the Interlocal Agreement of May 2003. Except where specifically noted or stated otherwise, the standards and specifications of Chapter 4 of the LDC shall apply to this project. The developer, its successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the CFPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer, is bound by the commitments within this Document. 4.3 CFPUD MASTER PLAN A. The Bembridge ESC CFPUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of site development plan approval. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. Sunsetting: The Bembridge ESC CFPUD shall be subject to the sunset provisions of Section 1O.02.13.D of the LDC, as amended. Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 15 Agenda Item No. 88 September 13, 2005 Page 141 of 143 B. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 10.02.13.F of the LDC. 4.5 ENGINEERING A. All project development shall be consistent with the LDC. 4.6 UTILITIES A. Water distribution, sewage collection, and transmISSIon systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 04-31, as may be amended. B. Upon completion of the utility facilities, the facilities shall be tested to insure they meet Collier County utility construction requirements in effect at the time construction plans are approved. 4.7 WATERMANAGEMENT A. A SFWMD surface water management permit shall be obtained pnor to approval of the site development plan. B. An excavation permit shall be required for the proposed lakes in accordance with the Collier County Code of Laws and Ordinances. All lake dimensions shall be approved at the time of excavation permit approval. 4.8 ENVIRONMENTAL A. A minimum of thirty (30) percent open space of the gross area of the site, as described in Section 4.02.01.B of the LDC, shall be provided. B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the preserve/open space areas, shall be submitted to the Department of Environmental Services Staff for review and approval prior to final site plan/construction plan approval. C. This CFPUD shall be consistent with the Environmental Sections of the Collier County GMP and the Collier County LDC in effect at the time of final development order approval. Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 16 Agenda Item No. 88 September 13, 2005 Page 142 of 143 D. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. E. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final plan/construction plan approval. 4.9 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall meet the requirements of the Collier County LDC . B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. D. The development shall be designed to promote the safe travel of all roadway users including bicyclists, and shall provide for the safety of pedestrians crossing said roadways. Sidewalks shall be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation Services Staff. 4.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure, except for a construction site administrative office. Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-18-05 17 Agenda Item No. 88 September 13, 2005 Page 143 of 143 4.11 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Section 4.06.00 of the LDC in effect at time of building permit application. 4.12 DEVIATIONS FROM LAND DEVELOPMENT CODE A. Deviation withdrawn B. Deviation withdrawn C. Deviation withdrawn D. Deviation withdrawn E. Deviation withdrawn F. Subsection 5.06.00 of the LDC - Signs Deviation from Subsection 5.06.06.C.1 of the LDC, which limits the number of signs to one ground sign or one pole sign. Calusa Park Elementary School shall be permitted two entry signs with one being a marquee sign. G. Deviation withdrawn Bembridge PUD; PUDZ-A-2004-AR-5998 PUD document revised 8-] 8-05 18 Agenda Item No. 8e September 13, 2005 Page 1 of 23 ,.........~" EXECUTIVE SUMMARY A request that the Collier County Board of County Commissioners (Board) adopt an ordinance amending Ordinance No. 91-102, as amended, the Collier County Land Development Code (LDC) to add the amendments of LDC Special Cycle 2a, authorized by the Board for the following purposes. Amendment of Section 2.03.07 Overlay Zoning Districts adds implementing provisions for three (3) new Transfer of Development Rights (TDR) Bonuses outlined in the Growth Management Plan (GMP) amendment CP-2004-4. Amendment of Section 2.03.08 is required to implement the "glitch" amendment CPSP- 2003-11 to the GMP as well as further implementing the TDR Bonus Credits and Rural Village Standards as adopted in the GMP. Amendment of Section 10.02.13 Planned Unit Development (PUD) Procedures is to add provisions for PUD expiration and retirement of excess numbers of dwelling units. OBJECTIVE: To amend the provisions of the Collier County Land Development Code (LDC) to best serve the interests of the citizens of Collier County. CONSIDERATIONS: Amendment of Section 2.03.07 Overlay Zoning Districts adds implementing provisions for three (3) new Transfer of Development Rights (TDR) Bonuses outlined in the Growth Management Plan (GMP) amendment CP-2004-4. Amendment of Section 2.03.08 is required to implement the "glitch" amendment CPSP-2003-l 1 to the GMP as well as further implementing the TDR Bonus Credits and Rural Village Standards as adopted in the GMP. Amendment of Section 10.02.13, Planned Unit Development (PUD) Procedures, to add provisions for PUD expiration and retirement of excess numbers of dwelling units. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: The first two of three amendments, which would be adopted under this ordinance, are intended to bring the LDC into consistency with new amendments to the Growth Management Plan. The third amendment, PUD expiration and retirements of excess numbers of dwelling units, will have no impact on the Growth Management Plan. LEGAL CONSIDERATIONS: This ordinance has been reviewed for legal sufficiency by the County Attorney's Office. RECOMMENDATION: Staff recommends that the Board adopt these amendments to the LDC to foster greater participation in the TDR program. Staff recommends adoption of the provisions for PUD expiration and retirement of excess numbers of dwelling units to strengthen the accuracy of the Concurrency Management System to coordinate the availability of new capacity with the impacts of current final local development orders. -. Prepared by: Catherine Fabacher Principal Planner, LDC Zoning & Land Development Review Item Number: Item Summary: Meeting Date: Agenda hem No Be Seplernberl3, :2D05 P80e 2 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8C This item to be heard at 11 :00 a tn. A request that the Collier' COlmiy Bl)cHd of COiJllly Commissioners (Boflrd)o!ldopt an ordinance amending Ordinance No. 91" 1 02. as amended Ihe Collier County Land Dellelopmf:nf Code (LDG) to add the amendments 01 LDC Special Cyde 2a, <tulhoriled hy the Boald tor the following purpc)(.;e5. Amendment of Section 2 03.07 OverlAY Zoning Districts Adds implementing provision!) for three (3) new Transler of Development Rights (TOR) Bonuses outlined in the Growth Management Plan (GMP, amendment CP.2004..4, Amendment of Section 2.03.06 is lequirell to implemefll1he "glitch" amendment CPSP-20D3-11 to the GMP, as wtilll as, further implernentinu the TDR Bonus Credits and Rural Vill~ge Standards as adopted in the GMP. Amendment of Section 10,02,13 PlfH'lI1fHI Unit Developmen1 (PUD) Procedules to add provisions for PUD expiration and retirement ot ellcess numbers 01 dwelling units. 9/13/20059:00:00 AM Date Prepared By Catherine Fab<lcher Community Development & Envircnmental Servicos. Pnncipal Planner Zoning & Land Development Review 8/22120059:01:01 AM D... Approved By Sandra Lea Executive Secretary Community Development & Community Dilveloplllent & Environmental Services Environmental Services Admin. 8/23/2005 {J:41 AM Marjorie M. Student Dot. A pprlwcd By County Attorney Auistant County Attorney County Attorney Office 8/25120059:56 AM ApprlJ\'cd By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Developmont Director Oat. Zonmg & land Development Review 8/261200512:45 PM Oat. AIJpro\led By COllstance A. Johnson Operations Analyst Community Development & Community De....elopment & En....ironment..1 Services Environmental ServIces Admin. 8/2t1l2005 12:49 PM Apprll\'cd By Date J06eph K. Schmitt Community Development & Environmental Services Comrnunity Development & Environmental Services Adminstrntor Community Development & EnvJrol1tnenlll1 Ser....ices Admin. 8/26120053:59 PM [)<lIe Appnl\'cd By OMS Coordinlltor County Manager's Offico Administrative Assistant Office of M./lnll[le~nt & Budget 8/2912D05 9:42 AM Date Approved By Mark ISDckson County Manager'$ Office Budget AnalY$t Office of Mllnngement & Budget 8.'30/20059:20 AM Oat. Apprnved 8)' Michncl Smykow'Ski COllnty Manager's Office Management & Budget Director Office of M.tnng~men1 & Budget 8/J112005 J: 10 PM Data Apl,roved By James V. Mudd Board of County Commissioners County Manager County MalInger's Office 9/212005 5:37 PM Agenda Item No. 8e September 13. 2005 Page 3 of 23 ORDINANCE NUMBER 05- AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, l\lORE SPECIFICALLY AMENDING THE FOLOWING: CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08, RURAL FRINGE ZONING DISTRICTS; CHAPTER 10 - APPLICATION, REVIEW AND DECISION-MAKING PROCEDURES, INCLt.:DlNG SECTION 10.02.13, PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, On October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the original codification of the Collier County Land Development Code (hereinafter LDC), which has been subsequently re-codified by Ordinance No. 04-41, as amended; and WHEREAS, the LDC may not be amended more than two times each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to LDC Section 10.02.09; and WHEREAS, On March 18, 1997, the Board adopted Resolution No. 97-177, establishing local requirements and procedures for amending the LDC; and WHEREAS, on July 26, 2005, the Board approved a special cycle for the provisions set forth in this ordinance; and WHEREAS, all procedural requirements of the LDC Resolution and 97-177 have been met; and WHEREAS, the Board, in a manner prescribed by law, did hold all required advertised public hearing and did take action concerning these amendments to the LDC; and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS: The above recitals are true and correct and are hereby incorporated by reference herein. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby make the following findings of fact: 1. Collier County, pursuant to Sec. 163.3 161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Ace), is required to prepare and adopt a Comprehensive Plan. Page 1 of 21 Words stmek tFireH;;Fi are deleted; words underlined are added. Agenda Item No. 8e September 13. 2005 Page 4 of 23 2. After Adoption of the Comprehensive Plan, the Act and in particular Sec. 163.3202(1). Fla. Stat. mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adoption Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1) (b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent wit the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3) Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 163.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Section 163.3194(1) (a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act. All development undertaken by, and all actions taken in regard to, development orders by, governmental agencies in regard to land covered by such Comprehensive Plan, or element or portion thereof, shall be consisted with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3) (a), Fla. Stat, a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, and other large aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b) Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development permitted are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development ofland within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provisions of transportation, water, sewage schools, parks, Page 2 of21 Words ~tnl6k threHgfl are deleted; words underlined are added. Aaenda Item No. 8e September 13, 2005 Page 5 of 23 recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the code. 13. On March 21, 1990, Collier County implemented its concurrency management system as set forth in the Capital Improvement Element and Traffic Circulation Element of the Growth Management Plan by adopting the Adequate Public Facilities Ordinance No. 90-24, and 14. On January 8, 2003, the County adopted Ordinance No. 03-01, which provided for substantial amendments to its Adequate Public Facilities Regulations as codified in the Land Development Code (presently Sections 6.02.00 and 10.02.07) to establish basic structure of the current concurrency management system (CMS); and IS. The amended CMS utilizes a real-time, "checkbook" concurrency system for coordinating the timing of construction of transportation facilities capacity with final local development order approvals; and 16. Nearly fifteen (15) years have elapsed since the adoption of the original concurrency management system and two (2) years have passed since the adoption of the checkbook CMS; and 17. Since adoption of the Growth Management Plan in 1989, the Board of County Commissioners has approved 115+ Planned Unit Development (PUD) Zoning Districts approving a maximum number of 65,000+ new residential dwelling units which may be authorized to be built; and 18. Many of these residential PUD Zoning Districts and residential portions of mixed use PUD Zoning Districts have completed construction of all development areas and phases within those districts, and the number of actual residential dwelling units that have been built are significantly less than the maximum number authorized by the above-described PUD Zoning Districts; and 19. There are presently certain deficient roadway segments operating below their Adopted Level of Service (LOS) Standard within the County, approximately some of which are considered deficient under the checkbook CMS, thereby delaying approval of otherwise permissible final local development orders due to capacity being reserved for a portion of the total number of approved but unbuilt residential dwelling units within the various PUD Zoning Districts; and 20. Presently some roadway segments are operating or projected to operate at an unacceptable LOS within the next five years when the impacts of proposed PUD zoning districts are evaluated under the criteria of Policy 5,1 of the Transportation Element which requires the Board deny approval due to capacity being reserved for a portion of the total number of approved but unbuilt residential dwelling units within the various PUD Zoning Districts; and 21. Neither the PUD Zoning District regulations nor the Land Development Code require that any excess numbers of un built residential dwellings must be built; and Page 3 of21 Words strael: tm-SligH are deleted; words underlined are added. Agenda Item No. 8e September 13. 2005 Page 6 of 23 22. The large amount of reserved capacity required as part of the CM S for these approved but unbuilt residential dwelling units may indefinitely delay approval of otherwise acceptable new development on the potentially deficient or deficient roadways; and 23. This has resulted in a situation that could affect development on such roadway segments for many years and result in the unneeded or premature expenditures of public resources to create capacity for transportation facilities; and 24. By eliminating these approved but unbuilt residential dwelling units within the various PUD Zoning Districts the County further intends to strengthen the accuracy of its CMS to coordinate the availability of new capacity with the impacts of current final local development orders; and 25. The County hereby determines that it is in the best interest of the residents of the County to establish a processes that will allow for the voluntary termination of, or authorize the County to terminate the development rights for, the approved but unbuilt residential dwelling units in the various PUD Zoning Districts to reflect the actual number of built units; and 26. The County further determines that it would serve a public purpose and it is in the best interest of the residents of the County to require that the regulations for all new PUD Zoning Districts as well as existing PUD Zoning Districts that are being, or will be amended, provide for an expiration date for further residential development. SECTION THREE A: AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Amend the LDC as follows: 2.03.07 Overlay Zoning Districts . . . . . . . . . . . D. Special Treatment Overlay "ST". * * . . . . . * * . * 4. Transfer of Development Rights (TDR). . . * * . . * . * . * c. TDR credits from RFMU sending lands: General Provisions i. Creation ofTDR credits. a) TDR credits are generated from RFMU sending lands at a rate of 1 TDR credit per 5 acres ofRFMU Sending Land or, for those legal non-conforming lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TDR credit per legal non-conforming lot or parcel. b) For lots and parcels 5 acres or larger, the number of TDR credits generated shall be calculated using the following formula: # of acres x 0.2 = # ofTDR credits generated. Where the number of TDR credits thus calculated is a fractional number, the number of TDR credits created shall be rounded to the nearest 1/1 Oath. ii. Creation of TDR Bonus credits. TDR Bonus credits shall onlv be generated from RFMU sendiDl! land property from which TDR credits have been severed. The three types TDR Bonus credits are as follows: Page 4 of21 Words stniek t!:J.roligll. are deleted; words underlined are added. Agenda Item No. 8e September 13. 2005 Page 7 of 23 a) Environmental Restoration and Maintenance Bonus credits. Environmental Restoration and Maintenance Bonus credits are generated at a rate of 1 credit for each TOR credit severed from that RFMU sending land for which a Restoration and Management Plan (RMP) has heen accepted bv the County. In order to be accepted, a RMP shall satisfy the following: 1) The RMP shall include a listed species management plan. 2) The RMP shall complv with the criteria set forth in 3.05.08.A. and B. 3) The RMP shall provide financial assurance, in the form of a performance surety bond or similar financial securitv, that the RMP shall remain in place and be performed, until the earlier of the following occurs: a. Viable and sustainable ecological and hvdrological functionalitv has been achieved on the property as measured bv the success criteria set forth in the RMP. b. The property is conveved to a County. state, or federal agencv as provided in b) below. 4) The RMP shall provide for the exotic vegetation removal and maintenance to be performed bv an environmental contractor acceptable to the County. b) Convevance Bonus credits. Convevance Bonus credits are generated at a rate of 1 credit for each TOR credit severed from that RFMU sendiD!! land that is conveved in fee simple to a federal. state, or local government agencv as a gift. Convevance Bonus credits shall onlv be generated from those RFMU sendiD!! land properties on which an RMP has been accepted as provided in a) above. c) Earlv Enov Bonus credits. Earlv EnOV Bonus credits shall be generated at a rate of 1 additional credit for each TOR credit that is severed from RFMU sending land for the period from March 5, 2005, until three vears after the adoption of this regulation. Early EnOV Bonus credits shall cease to be generated after the termination ofthis earlv entrY bonus period. However. Earlv Entrv Bonus credits mav continue to be used to increase density in RFMU and non- RFMU Receiving Lands after the termination of the Early Entry Bonus period. iii. Calculation of TOR Bonus credits. a) Environmental Restoration and Maintenance Bonus credits are calculated as follows: # TOR credits generated from property x % property subiect to an approved RMP b) Convevance Bonus credits are calculated as follows: # TOR credits generated from propertY x % property subiect to an approved RMP and conveved as provided in ii.b) above. c) Earlv Entry Bonus credits are calculated as follows: # TOR credits generated within Earlv EnOV period x 1. Tr.- ll: Receipt of TOR credits or TOR Bonus credits from RFMU sending lands. TOR credits or TOR Bonus credits from RFMU sending lands may be transferred into Urban Areas, the Urban Residential Fringe, and RFMU receiving lands, as provided in Sections 2.03.07. (4)(d) and (e) below. Page 5 of21 Words stnH,,]: threHgh are deleted; words underlined are added. Agenda Item No. 8e September 13. 2005 Page 8 of 23 +Hr!:. Prohibition on transfer of fractional TORS credits and TOR Bonus credits. While fractional TOR credits and TOR Bonus ~ may be created, as provided in (iil above, TOR credits and TOR Bonus credits may only be transferred from RFMU sending lands in increments of whole, not fractional, dwelling units . Consequently, fractional TOR credits and fractional TOR Bonus ~ must be aggregated to form whole units, before they can be utilized to increase density in either non-RFMU Receiving Areas or RFMU Receiving lands. w-ll:, Prohibition on transfer of development rights. a) Neither TOR credits nor TOR Earlv Entry Bonus credits shall '** be transferrea generated from RFMU sending lands where a conservation easement or other similar development restriction prohibits the residential development of such property, with the exception of those TOR Earlv Entry Bonus credits associated with TOR credits severed from March 5. 2004. until [the effective date of this provision]. Environmental Restoration and Maintenance Bonus credits and Convevance Bonus credits mav onlv be generated from those RFMU sendin!! lands where a conservation easement or other similar develooment restriction on develooment was imposed in coniunction with the severance of TOR credits. b) Neither TOR credits nor anv TOR Bonus credits shall '** be traFlGferrea generated from RFMU sending lands that were cleared for agricultural operations after June 19, 2002, for a period of twenty-five (25) years after such clearing occurs. d. Transfer of development rights from RFMU sending lands to non- ~ RFMU receiving areas. i. Transfers to urban areas. * * * * * * * * * * b) Oevelopment-s which meet the residential infill conditions i) through v) above may increase the base density administratively through a Site development Plan or Plat approval by a maximum of one dwelling unit per acre by transferring that additional density from RFMU district Sending Lands. ii. Transfers to the urban residential fringe. TOR credits and TOR Bonus credits may be transferred from RFMU sending lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe at a rate ef to increase density by a maximum of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to 2.5 dwelling unit per gross acre. e. Transfers from RFMU sending lands to RFMU receiving lands. i. Maximum density on RFMU receiving lands when TOR credits are transferred from RFMU sending lands. * * * * * * * * * * b) The density achievable through the transfer of TDR credits and TOR Bonus credits into RFMU receiving lands shall be as provided for in section 2.03.08 (A)(2)(a)(2)(b)(i) outside of rural villages and sections 2.03.08 fA+J2tJbt(3)(b) and 2.03.08 fA+J2tJbt(3)(c)(i) inside of rural villages. ii. Remainder uses after TDR credits are tnmsf.erre8 severed from RFMU sending lands . Where development rights have been traflsferrea severed from RFMU district Sending Lands, such lands may be retained in private ownership and may be used as set forth in section 2.03.08 A.4.b. Page 60f2l Words stnlsk tJ:trsHga are deleted; words underlined are added. Aaenda Item No. 8e September 13. 2005 Page 9 of 23 f. Procedures applicable to the severance and transfer of TDR credits and the generation of TOR Bonus credits from RFMU sending lands. i. General. Those development-s that utilize such TOR credits 2L.I!!R Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRls. !l The ~ severance of TDR credits and the generation of Earlv Entrv Bonus credits from RFMU sending lands does not require tH6 further approval of the County if the County determines that information demonstrating compliance with all of the criteria set forth in ii.a) below has been submitted. However, those development-s that utilize such TOR credits and Early Entrv Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRls. b) The generation of Environmental Restoration and Maintenance Bonus credits and Convevance Bonus credits requires acceptance by the County ofa RMP. ii. County-maintained central TOR registry. In order to facilitate the County's monitoring and regulation of the TOR Program, the County shall serve as the central registry of all TOR credit and TOR Bonus ill!!!!! purchases, sales, and transfers, as well as a central listing of TOR credits and TOR Bonus credits available for sale and purchasers seeking TOR credits or TOR Bonus credits. No TDR credit and TOR Bonus credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. * * * * * * * * * * b) TOR Bonus credits shall not be used to increase density in either non-RFMU receiving areas or RFMU receivine: lands until a TOR credit certificate reflecting the TOR Bonus credits is obtained from the Countv and recorded. 1) Early Entrv Bonus credits. All TOR credit certificates issued by the County for the period from the effective date of this provision until three vears after such effective date shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit or each TOR credit or fractional TOR credit reflected on the TOR credit certificate. Where TOR credits were severed from March 5, 2004, until the effective date of this provision, the County shall. upon receipt of a copv of the TOR credit certificate reflecting those previouslv severed TOR credits, issue a TDR credit certificate entitling Early Entrv Bonus credits equal in number to the previouslv severed TOR credits. 2) Environmental Restoration and Maintenance Bonus credit. A TOR certificate reflecting Environmental Restoration and Maintenance Bonus credits shall not be issued until the County has accepted a RMP for the sending lands from which the Environmental Restoration and Maintenance Bonus credit is being generated. Anv sending lands from which TOR credits have been severed mav also be used for mitigation programs and associated mitigation activities and uses in coniunction with any county, state or federal permitting. Where the Environmental Restoration and Maintenance Credit is applied for sendine: lands that are also being used (title or easement) for mitigation for permits or approvals from the U. S. Army Coms of Engineers, U. S. Fish and Wildlife Service, Page 70f21 Words stn:lek tl:1rElHgh are deleted; words underlined are added. Agenda Item No. Be September 13. 2005 Page 10 of 23 Florida Department of Environmental Protection. Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission, or the South Florida Water Management District. the County shall accept as the RMP for the sending mitigation lands. the restoration and/or maintenance reQuirements of permits issued bv any of the foregoing governmental agencies for said lands. 3) Conveyance Bonus credit. A TDR certificate reflecting Conveyance Bonus credits shall not be issued until the County has accepted a RMP for the Sending Lands from which the Conveyance Bonus credit is being generated and such sending lands have been conveyed, in fee simple. to a County. state. or federal government agency. et tl A PUD or DRI utilizing TDR credits or TDR Bonus credits may be conditionally approved, but no subsequent application for site development plan or subdivision plat within the PUD or DRI shall be approved, until the developer submits the following: i) documentation that the developer has acquired all TDR credits and TDR Bonus credits needed for that portion of the development that is the subject of the site development plan or subdivision plat; and * * * * * * * * * et!!l The developer shall provide documentation of the acquisition of full ownership and control of all TDR credits and TDR Bonus ~ needed for the development and of recordation of the TDR credit and TDR Bonus credit Certificates for all such TDR credits and TDR Bonus credits prior to the approval of any site development plan, subdivision plat, or other final local development order, other than a PUD or DR!. at tl Each TDR credit shall have an individual and distinct tracking number, which shall be identified on the TDR Certificate that reflects the severaRse sf the TDR credit from RFMU SeRsiBg baftd. The County TDR Registry shall maintain a record of all TDR credits, to include a designation of those that have been expended. o Each TDR Bonus credit shall have an individual and distinct tracking number. which shall be identified on the TDR Certificate and which shall identify the specific TDR credit associated with the TDR Bonus credit. The County TDR Registrv shall maintain a record of all TDR Bonus credits. to include a designation of those that have been expended. 2) The County bears no responsibility to provide notice to any person or entitv holding a lien or other security interest in Sending Lands that TDR credits have been severed from the property or that an application for such severance has been filed. g. Proportional utilization of TDR credits and TDR Bonus credits. Upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus credits shall be deemed to be expended at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TDR credits and TDR Bonus credits. All PUDs and DRIs utilizing TDR credits and TDR Bonus credits shall require that the rate of TDR credit and TDR Bonus credits consumption be reported through the monitoring provisions of sections 10.02.12 and 10.02.07(C)(1)(b) of this Code. SECTION THREE B: 2.03.08 Rural Fringe Zoning District& Page 80f21 Words strHsk thfeugR are deleted; words underlined are added. Agenda Item No. 8e September 13, 2005 Page 11 of 23 A. Rural Fringe Mixed-Use District (RFMU District) * * * * * * * * * * * * 2. RFMU RECEIVING LANDS. a. OUTSIDE RURAL VILLAGES * * * * * * * * * * (2) Maljmlim DENSITY. * * * * * * * * * * (b) Additional DEJ\'SITY i. Additional Densitv Allowed Through the TDR~ Process. Outside of rural villages, the maximum density achievable in RFMU Receiving Lands through ~ TDR ~ credits and TDR Bonus Credits is one (I) dwelling unit per acre. * * * * * * * * * ii. Additiona] DENSITY Allowed Through Other Densitv Bonuses, Once tHs mal:iffiHm l! DENSITY of one (I) unit per acre is achieved through the use of TDR5 credits and TDR Bonus credits, additional DENSITY may be achieved as follows: * * * * * * * * * (3) Allowab]e Uses (a) Uses Permitted as of Right. The following uses are permitted as of right, or as uses accessory to permitted uses: * * * * * * * * * xi. Golf courses or driving ranges, subject to the following standards: a) The minimum density shall be as follows: i) For golf course projects HtiliziRg seRsit)' Blending Provisi BRS set ferth iR tHe seRsit)' Rating System of the ~: one (I) dwelling unit per five (5) gross acres. ii) For golf course projects not utilizing density blending Provisions set forth in the Density Rating Svstem of the FLUE, including free standing golf courses: tRe miRimlim deRsit)' sHall be ORe (1) dwelling UfIit per five(5) g;oss aeres, aRa one adsitioRa] dwelling lffiit one TDR credit or TDR Bonus credit shall be required per five (5) gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non-irrigated and retained in a natural state. THe aaditiona] required deRsit)' for sHeR golf eOl:lfse development GRail 8e ae!:lievea by aeEjuiring TDRs frem SeRding ~ A TDR credit or TDR Bonus credit used to entitle golf course acreage may not also be used to entitle a residential dwellinl! unit. b) Golf courses shall be designed, constructed, and managed in accordance with the best management practices of Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Go]d Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Natura]ized Plants and Natural Landscaping, Water Conservation, Waste Page 90f21 Words stnwl: tRreHgR are deleted; words underlined are added. Agenda Item No. Be September 13. 2005 Page 12 of 23 Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and BUILDING Design) have been incorporated into the golf course's design and operational procedures. * * * * * * * * * xii. Public aNs flrivate seReels, sHsjeet to tHe following eriteria: educational plants and ancillary plants. a) Site area aRs seReal size SHall Be sHsjeet te tBe GeReral EDUC.\TIO~L^.L f.^.ClLlTIES Reflert safll~ittes Rr.Jll:ially hy tRB Cellier CeuRty Sea eel Boars te tRe Bears ef COlffity CemmissieRem. b) TRe Site ml:ist eemply witH tRe ST.\TE REQUIREMENTS fOR l':DUC.^.TION.\L f.\CILlTleS adafltea BY tRe State Boar-e efEal:isatioR. e) TRe site sRall Be sl:i-9jeet ta all aflfllisaele State er feaeral regl:ilatioRs. xiii. OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C....M those rules existed on . 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County oil aRa gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62~-30.005(2)(a)(1) through (12), F.A.C. xiv. Park. open space. and recreational uses. xv. Private schools. * * * * * * * * * * (c) CONDITIONAL USES. i. Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C- 25 through 62C-30, F.A.C., as those rules existed on January 14. 2005. regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier County environmental permitting requirements Page 10 of21 Words stmell tRreHgfl are deleted; words underlined are added. Aoenda Item No. 8e September 13, 2005 Page 13 of 23 shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S" to assure compliance with Chapter 62C-25 through 62C-30, F,A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62k.-30.005(2)(a)(1) through (12), F.A. C. * * * * * * * * * * * * * * * * * b. RURA.L VILLAGES. RURAL VILLAGES, including RURAL VILLAGES within the NBMO, may be approved within the boundaries of RFMU RECEIVING LANDS, subject to the following: (1) Allowable Uses: (a) All permitted uses identified in section 2.03.08-fAH2Hat(3)(a), when specifically identified in, and approved as part of, a RURAL VILLAGE PUD, (b) CONDITIONAL USES 1 through 5, and 7 identified in section 2,03.0S-+AtJ2Hat(3)(c), when specifically identified in, and approved as part ofa RURAL VILLAGE PUD. * * * * * * * * * * * * * * * * * * * vii. Civic Uses and Public Parks - Minimum of ~ 10% of total rural village acreage. (2) DENSITY. A RURAL VILLAGE shall have a minimum DENSITY of 2.0 units per gross acre and a maximum DE!\SITY of 3.0 units per gross acre, except that the minimum DENSITY within a NBMO RURAL VILLAGE shall be 1,5 units per gross acre, Those densities shall be achieved as follows: (a) No change, (b) Minimum DENSITY. For eaeJ:J TOR CREDIT f0r HS!! iB a RUR,\L \'ILL^.GE, en!! Qm"LTS CREDIT shall b!! b'f3Btea, HI" te-4e The minimum gross DENSITY e.f in a Rural Villa!?:e is 2,0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. i. For each TOR credit used to achieve the minimum required density in a Rural Villa!!:e. one Rural Villa!?:e Bonus Credit shall be granted, Rural Villa!?:e Bonus Credits may onlv be utilized in Rural Villa!!:es and shall not be available for use once the minimum required density is achieved, ii. The minimum density shall be achieved through any combination of TOR Credits. Rural Villa!?:e Bonus Credits. and TOR Bonus Credits. (c) Maximum DENSITY. ,A. developer may a8hieve a The maximum ~ DENSITY el:eeediBg the minimum required DHlSITY, up to a ma:;imHm of allowed in a Rural Villa!?:e is 3.0 units per acre;~ The maximum density shall be achieved through anv of the following !TleaH&. either in combination or individually: i. TOR CREDITS; 11. TOR Bonus Credits; Page II of21 Words sfnl8k threH;;h are deleted; words underlined are added. Agenda Item No. 8e September 13. 2005 Page 14 of 23 Renumber ii. through iv. to iii. through v. (4) Other Design Standards (a) Transportation System Design. * * * * * * * * * ii. Each RURAL VILLAGE shaIl be served by a primarv ~ road system that is accessible by the public. Neighborhood Circulator, Local Residential Access and Residential Loop roads mav liRa 1'10 rellas SAIlIl I'IElt be gated. The primarv road~ ~ within the RURAL VILLAGE shaIl consist of Rural Maior CoIlectors at a minimum and be designed to meet County standards and shaIl be dedicated to the public. * * * * * * * * * xv. Required vehicular parking and loading amounts and design criteria: a) The amount of required parking shaIl be demonstrated through a shared parking analysis submitted witA tRe SR..^. aeSigl'lllti0R application as part of the Rural Villaee PUD. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by the ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking wiIl vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. * * * * * * * * (6) GREENBELT. Except within the NBMO RURAL VILLAGE, a GREENBELT averaging a minimum ofWQ 300 feet in width, but not less than JOO 200 feet in width at anv location, shall be required at the perimeter of the RURAL VILLAGE. The GREENBELT is required to ensure a permanently undeveloped edge surrounding the RURAL VILLAGE, thereby discouraging sprawl. GREENBELTS shall conform to the following: * * * * * * * * * * (7) OPEN SPACE: Within the RURAL VILLAGE, a mmlmum of +G-%- 40% of OPEN SPACE shaIl be provided, inclusive of the GREENBELT. * * * * * * * * * * 3. NEUTRAL LANDS. Neutral lands have been identified for limited semi- rural residential development. Available data indicates that neutral lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as RFMU receiving lands, but these values do not approach those of RFMU sending lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within neutral lands, the following standards shall apply: a. ALLOW ABLE USES. The following uses are permitted as of right: (1 ) Uses Permitted as of Right. * * * * * * * * * * (k) Golf courses or driving ranges, subject to the following standards: i. Golf courses shall be designed, constructed, and managed in accordance with the best management practices of Audubon International's Gold Signature Program. The proiect Page 12 of21 Words strHsk tRrsHgA are deleted; words underlined are added. Agenda Item No. 8e September 13. 2005 Page 15 of 23 shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping. Water Conservation. Waste Management. Energy Conservation & Renewable Energv Sources. Transportation. Greenspace and Corridors, Agriculture. and Building Design) have been incomorated into the golf course's design and operational procedures. * * * * * * * * (I) Public amI flri\'ate seRElals, sblbject ta tAe fellowiRg criteria: educational plants and ancillarv plants. i. Site area aFla seheol size shall Be sblbjeet te the G.meral EDUC.^.TION.\L f.^.CILITI2S Reflert sblBmittea aFlFlHally by tHe CElllier Calmty SCReol Beard to tRe Board Elf CeuFlty C8FFlmissi eRsrs. ii. THe Site mOist eemflly ,...itA tRe ST.-\. TE R2QT_TIREMENTS FOR e:DUC.^.TIO:-L^.L f.^.CILITIES aeefltes BY tAe State Board ofEeueation. iii. TRe site sHall Be sblbjeet ta all aflj3lieaBle State Elr Feseral rel;b1latieRs. (m) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on . 2005 [effective date of this provision] regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62h-30.005(2)(a)(1) through (12), F.A. C. n. Park. open space. and recreational uses. o. Private schools. (2) No change. (3) COl\D1TIOl\AL USES. The following uses are permissible as conditional uses subject to the standards and procedures established in Section 10.08.00. * * * * * * * * * * (c) Multi-familv residential structures, subiect to the following development standards: (i) Building height limitation: 2 stories Page 13 of 21 Words stnisk tHreH;;h are deleted; words underlined are added. Agenda Item No. Be September 13. 2005 Page 16 of 23 (ii) Buffer: 10 foot wide landscape buffer with trees spaced no more than 30 feet on center: (Hi) Setbacks: 50% of the height of the building. but not less than 15 feet ~ W Those essential services identified in sections 2.01.03 (G)(I) and (G)(3). fet !!l. Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 14.2005. regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Conunittee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62~-30.005(2)(a)(1) through (12), FAC. ff} uu Earth mining and extraction and related processing. (gt ill Facilities for the collection, transfer, processing, and reduction of solid waste. * * * * * * * * * * * 4. RFMU SENDING LANDS. No change. a. ALLOW ABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED (1) Uses Permitted as of Right * * * * * * * * * * (g) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as such rules existed on . 2005 r the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance Page 14 of21 Words strHsk tRfBHgfl are deleted; words underlined are added. Agenda Item No. Be September 13.2005 Page 17 of 23 with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. AH oil and gas access roads shaH be constructed and protected from unauthorized uses according to the standards established in Rule 62~-30.005(2)(a)(1) through (12), F.A. C. * * * * * * * * * * (3) CONDITIONAL USES. * * * * * * * * * * (c) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT pennits and CoHier County non-environmental site DEVELOPMENT plan review procedures. Directional-driHing and/or previously cleared or disturbed areas shaH be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shaH be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on . 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.00l (2), F.A.C. All applicable Collier County environmental permitting requirements shaH be considered satisfied by evidence of the issuance of aH applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of CoHier County outside the boundary of the Big Cypress Watershed, the APPLICANT shaH be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C- 30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62~- 30.005(2)(a)(1) through (12), F.A.C. * * * * * * * * * * b. USES ALLOWED WHERE TDR CREDlTS HAVE BEEN SEVERED (1) Uses Permitted as of Right * * * * * * * * * * (h) OIL AND GAS EXPLORATION, subject to applicable state and federal driHing permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-driHing and/or previously cleared or disturbed areas shaH be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shaH be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on . 2005 r the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.00l (2), F.A.C. AH applicable CoHier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62e-30, F.A.C. For those areas of CoHier County outside the boundary of the Big Cypress Watershed, the APPLICANT shaH be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the Page 15 of2l Words strll6k th:-l'lHgh are deleted; words underlined are added. Agenda Item No. 8e September 13. 2005 Page 18 of 23 standards established in Rule 62h-30.005(2)(a)(I) through (12), F.A.C. (i) Mitigation in coni unction with anv Countv. state. or federal permitting. (2) CONDITIONAL USES * * * * * * * * * * (b) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on . 2005 [the effective date of this provision]~ regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C- 30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62h- 30.005(2)(a)(I) through (12), F.A.C. * * * * * * * * * * * C. NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) * * * * * * * * * * * 5. ADDITIONAL SPECIFIC AREA PROVISIONS a. RECEIVING LANDS (1) DENSITY. * * * * * * * * * * (b) This density may be increased, through TOR credits and TOR Bonus Credits. up to a maximum of 1 dwelling unit per gross acre. (c) Once a DENSITY of 1 dwelling unit per gross acre is achieved through TDR CREDITS and TOR Bonus Credits. additional density may be achieved as follows: * * * * * * * * * (2) The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: (a) Until June 19, ~ 2005. or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. (b) Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occuri-by June 19, ~ 2005. or such other date as the GMP is amended to provide: i. No change. Page 16 of21 Words ~tru6k tflraHgR are deleted; words underlined are added. Agenda Item No. 8C September 13. 2005 Page 19 of 23 ii. the mine operator commits to construct a private haul road by June 19, ~ 2007, or such other date as the GMP is amended to provide, without the use of any public funds. * * * * * * * * * * (3) A GREENBELT is not required for any DEVELOPMENT in NBMO Receiving Lands, whether inside or outside of a RURAL VILLAGE. However. anv l!reenbelt that is provided in a NBMO Rural Villa!!e shall be included in the calculation of open space. (4) NBMO Rural Village. No change. (a) Density. No change. i. The minimum required density shall be achieved through TDR credits. TDR Bonus Credits. and Rural Village Bonus credits, as provided in section 2.03.08 fAH2HbH3) (C). ii. Once the minimum required density is achieved, additional DENSITY may be achieved, up to the maximum of three (3) dwelling units per gross acre through anyone or combination of the following: a) TDR Credits; b) TDR Bonus Credits; at 0.3 dwelling unit per acre for each acre of native vegetation preserved on-site; et 0.3 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or d) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRP A or a buffer area adjoining a NRP A that is dedicated to a public or private entity for conservation use. SECTJO~ THREE C: AMENDMENTS TO LAND DEVELOPMENT CODE Ordinance number 2004-41, as amended, the Collier County Land Development Code is hereby amended to add the following section to read as follows: 10.02.13 Planned Unit Development (PUD) Procedures D. Time limits for approved PUDs. (Ko change) 8. PUD expiration and retirement of excess numhers of dwellinf! units a. PUrJ}ose and intent. There is hereby established a process to evaluate all existing lawfully approved planned unit development (PUD) zoning districts to determine the actual number of residential units that have been built and the actual number of residential single-family lots that have been platted as contrasted with the number of residential dwellinl! units approved bv the particular PUD zoning ordinances. This process shall provide a means to reduce the number of approved residential dwelIinl! units to the actual number that have been built or for which single family residential lots have been platted. There shall also be a process to establish an expiration date for further residential development in new PUD zoning districts and for those existing PUDs for which a PUD amendment is being sought. Page 17 of21 Words stn16l: tFLaugh are deleted; words underlined are added. Agenda Item No. Be September 13. 2005 Page 20 of 23 These processes will enable the Countv to plan effectivelv for realized transportation impacts to be evaluated bv the concurrencv management svstem (CMS) so that an orderlv process of land development mav continue in a predictable sequence with manageable confidence levels of the regulatory risks of a stoppage of approvals for indeterminate time periods. b. Avvlicabilitv. This section of the LDC shall apply to all residential PUD Zoning Districts or all PUD Zoning Districts with a residential component within the unincorporated areas of Collier County except as provided bv subsection 1O.02.13.D.8.d. c. Definitions. For purposes of this Section of the LDC. the following definition shall applv: L Built-out PUD - Any PUD Zoning District where all areas set aside for residential development on its Master Concept Plan have been completed either in the form of: residential dwellinl! units that haye been constructed and received a certificate of occupancv: are under construction pursuant to a lawfullv issued building permit: or lots that are part of a subdivision that has received final plat approval from the Board of Count v Commissioners. d. Exemmions. The following are exempt from the provisions of this Section of the LDC: 1. PUD Zoning Districts that have also received Development of Regional Impact (DRn approval pursuant to Section 380.06. Florida Statutes and which development orders have not exceeded the date until which the DRI is not subiect to unit density reduction established in the development order pursuant to subsection 380.06 (l5)(c) 3. Florida Statutes or termination date established in the develooment order pursuant to subsection 380.06 (15)(c) 2: Florida Statutes. 2. Built-out PUDs that have developed to the maximum number of residential dwellinl! units authorized bv the regulations for the particular PUD zoning district. 3. PUD zoning districts where the authorized number of residential dwellinl! units exceed the number of residential dwellinl! units actually constructed or single-familv Jots actually receiving final subdivision plat approval which excess units have been retained bv a Master Property Owners' Association. developer or like entitv. pursuant to restrictive covenants. other reservations of units to the developer entitv. or like documentation recorded in the Official Records of Collier Countv. Florida. 4. PUD zoning districts consisting of residential dwellinl! units which have been determined to have vested rights pursuant to Section 9.02.01 of the LDC. e. Build-out Date. 1. All PUD zoning regulations for new PUD Zoning Districts with a residential component are required to establish a build-out date for all residential development. No further residential develooment shall be authorized after the build- out date established bv the PUD zoning regulations. Page 18 of21 Words struek tlweHgR are deleted; words underlined are added. Aaenda Item No. Be September 13.2005 Page 21 of 23 2. A PUD zoning ordinance may be amended prior to the build-out date to extend such date. Any such amendment shall follow the PUD amendment process set forth in Subsection 10.02.13. B of the LDC. 3. A build-out date shall be required for all PUD Zoning Districts for which a PUD amendment has been applied for as of [effective date of this ordinance]. 4. The passage of the build-out date for a PUD Zoning District shall not affect the ability of a property owner to re-build. remodel or otherwise make additions to his/her residence including but not limited to. swimming pools, fences. pool and lanai cages and the like. 5. Once the residential component of a PUD Zoning District is turned over to a Homeowners' Association. the passage of the build-out date for the PUD Zoning District shall not affect the right of a propertv owner to build on his/her platted but unimproved lot within that particular PUD Zoning District. f. ReQuirements for existinf! PUD Zoninf! Districts that have not been turned over 10 the Prooerfv Owners' Association. Prior to the turn over of the final phase of a PUD development to the Master Propertv Owners' Association, or like entitv. the developer shall apply for a PUD amendment for the purpose of adiusting the number of residential dwelIinl!: units from the number authorized bv the PUD zoning regulations to the number of residential units actually constructed and/or the number of single-familv lots for which final subdivision approval has been granted. This amendment process shall be the same as the PUD amendment process set forth in Subsection 10.02. I 3. 8 ofthe LDC. l:!. Process (or amendinf! existinf! built-out PUD Zoninf! Districts 1. Establishment of planning review communities: The 12 planning communities established by Subsection 106-42(a) of the Collier Countv Code of Laws and Ordinances is herebv established for the purpose of evaluating built-out PUDs. The built-out PUD zoning districts in each planning communitv shall be the subiect of a single comprehensive ordinance amending the number of the authorized residential dwellinl:! units from the number currently allowed bv the PUD Zoning District to the actual number of units actuallv constructed. or under construction together with the number of lots for which final subdivision plat approval has been obtained. Such comprehensive PUD amendments shall be made on a planning community by planning community basis. commencing with the first planning community and proceeding successively until the built-out PUD zoning districts subiect to this Section of the LDC have completed the amendment process. 2. Planning staff evaluation: The County Manager, or designee. shall review each built-out PUD zoning district to determine the number of residential dwelIinl:! units constructed. or under construction together with the number of single familv residential lots that have received final plat approval as compared to the number of residential dwelIinl:! Page 19 of21 Words strudc tlm:l1:lgh are deleted; words underlined are added. Agenda Item No. Be September 13. 2005 Page 22 of 23 units authorized by the PUD ordinance. Staff shall have 60 days to perform the review. The review shall be made on a planning community by planning community basis. In conducting the review, staff shall also consider the exemptions set forth in Section W.02.13 .D.8.d of the LDC. Staff shall prepare a report containing the correct number of residential dwellinl! units recommended for each built- out PUD pursuant to this process. 3. Notice to the Master Property Owners' Association: Within 30 days of completing its report. the County Manager. or designee. shall notify the Master Property Owners' Association, or like entity. of the staff findings and that the PUD ordinance shall be amended consistent with the staff report. 4. Notice to all property owners within the PUD: Within 45 days of completing its report, the County Manager, or designee. shall notify each person. or entity, owning property within the PUD of the staff findings and recommendations for PUD amendment. 5. Form of notice: The notices required by subsection 10.0213 D 8.g.3. above shall be by certified USPS mail return receipt requested sent to the address shown on the then current year's tax roll on file in the Tax Collector's records. 6. Objections to proposed PUD amendment: Any affected property owner or the property owners' association may submit written objections to the County Manager, or designee, no later than 60 days after receipt of the notification referenced in subsections W.02.13 D.8.g.3.and 4. above. 7. PUD amendment process: The County Manager, or designee. shall initiate amendments to the various built-out PUD zoning district regulations consistent with the recommendation set forth in its report. The notice. advertising and public hearing process shall be the same as for the regular PUD amendment process, set forth in Section 10.02.13 of the LDC, except that no neighborhood information meeting, pursuant to Section 10.03.05 F of the LDC, and no posting of signs pursuant to Section 10.03.05 B of the LDC shall be required. 8. The PUD amendment process shall be initiated within 10 days of the close of the time period allowed for property owner objections and consideration by staff. h. Vested rif!hts and takinf!s claims. Any affected property owners' association or property owner who claims vested rights or a taking of private property rights that would result ITom implementation and application of this section shall follow the process set forth in Section 9.02.00 of the LDC. i. Effect of moratorium. The build-out date time frames referenced in Subsection 1 0.02.13.D.8.e of the LDC shall be tolled for the same time the County adopts any regulation imposing a moratorium affecting development within a particular PUD zoning district or other official action taken by the County referenced in the preceding sentence. The period shall be the same as the duration Page 20 of21 Words stmek tRi'EIHgfl are deleted; words underlined are added. Agenda Item No. 8e September 13. 2005 Page 23 of 23 of the moratorium regulation or any other official action of the County that would otherwise limit a developer's abilitv to proceed with the development of the proiect for a given time period. SECTION FOUR: CONFLICT AND SEVERABIL TlY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such and the word "ordinance" may be changed to "section," "Chapter," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Deputy Clerk Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 21 of21 Words stl1:lEJk tRn3l:1;;a are deleted; words underlined are added. EXECUTIVE SUMMARY Agenda Item No. 9A September 13, 2005 Page 1 of 17 APPOINTMENT OF MEMBER(S) TO THE FOREST LAKES ROADWAY & DRAINAGE ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term expiring on April 21,2008 to the Forest Lakes Roadway & Drainage Advisory Committee. CONSIDERATIONS: The Forest Lakes Roadway and Drainage Advisory Committee has 1 vacancy due to a resignation. This 5 member committee was created on March 10, 1992 by Ord. 92-16 to aid and assist the Board of County Commissioners in carrying out the purposes of providing and maintaining improved roadway related drainage and roadway restoration within the area of the Unit as set forth in Ord. 91-107. They also prepare and recommend an itemized budget, work programs and priorities. Members must reside within the Forest Lakes Roadway and Drainage MSTU. A list of the current membership is included in the backup. Mr. Robert Cunningham resigned his position on May 2, 2005. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY ~ ELECTOR AnV. COMM. Harold Bergdoll Resides within MSTU district 4 Yes None Richard Franklin Manning Resides within MSTU district 4 Yes None William John Csogi Resides within MSTU district 4 Yes None George E. Fogg Resides within MSTU district 4 Yes None COMMITTEE RECOMMENDATION: George E. Fogg ~SCALIMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confmning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 13, 2005 Item Number: Item Summary: Meeting Date: /\gendi3 Item No 9A September 13, 2005 P:afj8 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9A Appointment of member to Ih~ Forest Lake:s RoadvuW and Drainage Advisc.ry Committee 9113120059:00:00 AM Prepared By Date S\Jl-l Filson Board of County Commissioners Executive Mannger to the BCe Bee Office 8/18/20054:02::04 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager'5 Office 613/20052:22 PM Agenda Item No. 9A September 13, 2005 Page 3 of 17 TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: July 28, 2005 SUBJECT: Forest Lakes Roadway & Drainage MSTU Recommendation to the Board for Filling Vacant Position. The Forest Lakes Roadway and Drainage MSTU, bas reviewed the four applications received by the prescribed deadline for the one vacancy. Applicants were evaluated based on their potential contributions to the Committee. All applicants meet the criteria required to be eligible for the committee and reside within the MSTU's district boundary. The Committee recommends the following applicant for appointment to the vacant term as indicated below: TYPE OF TERM NAME APPoINTMENT EXPIRES Mr. George E. Fogg Initial Appointment April 21. 2008 FlEW OF EXPERTISE/CATEGORY BS Landscape Architecture - 15 year Collier County Resident- Self employed landscape architect - IBIS. Community Activities: Emerald Green Assn Ground Committee Emerald Green Board Member /Police Activity League Board Member / American Society of L.A. Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 9A September 13, 2005 Page 4 of 17 July 28' 2005 Memo - Forest Lakes MSTU- Vacant Position Page 2 At this time the Committee does not recommend the following applicants for appointment to the Committee: FIELD OF EXPERTISE/CATEGORY NAME Harold Bergdoll High School - Retired - 10-15 years Collier County Resident. Community Activities: Vice President for the Quail Run Golf Club Richard Franklin Manning Bachelor of Science - Teacher/College Professor Retired - 15+ years Collier County Resident Community Activities: School Advisor Committee, Volunteer Habitat for HumanitylBoard of Directors Turtle lake Association William John Csogi High School - 18 years of Automotive Service Anchor Rode Auto Care - 15 years Collier County Resident within the MSTU. Community Activities; Chair of Public Vehicle Advisory Committee - 5 years Committee Chair for Boy scouts Pack 165 / Past President Woodshire HMA/ U-8 Soccer Coach Optimists Club! Woodshire HMA Architectural Review CommitteeIT-Ball Coach for Greater Naples Little League. Please let me know if you need additional information. Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 9A September 13, 2005 Page 5 of 17 Forest Lakes Roadway & Drainage Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Roger Somerville 10/23/0 ] 04/21/03 2 Years 190 Turtle Lake Court, #210 649-7157 OS/27/03 04/21/07 4 Years Naples, FL 34105 E-Mail: Distrid: 4 Category: Mr. William L. Seabury 263-3643 04/25/95 04/21/99 4 Years 501 Forest Lakes Blvd., #205 263-4090 OS/27/03 04/21/07 4 Years Naples, FL 34105 E-Mail: wmseabury@aol.com Distrid: 4 Category: Mr. Robert H. Jones 06/08/99 04/21/02 3 Years -- 1002 Forest Lakes Drive 649-8692 OS/28/02 04/21/06 4 Years Naples, FL 34105 E-Mail: Distrid: 4 Category: Mr. Robert Cunningham re5"5'(\~rPt 04/) 1/00 04/21/04 4 Years 1100 Forest Lakes Boulevard 6~ 04/27/04 04/21/08 4 Years Naples, FL 34105 E-Mail: Distrid: 4 Category: Ms. Virginia M. Donovan OS/28/02 04/21/06 4 Years 1037 Forest Lakes Drive 649-5661 Naples, FL 34105 E-Mail: District: 4 Category: TuesdaJ', April 27, 2004 Page 1 of2 Agenda Item No. 9A September 13, 2005 Page 6 of 17 Forest Lakes Roadway & Drainage Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created on 03110192 by Om. No. 92-16 to aid and assist the Board of County Commissioners in canying out the purposes of providing and main1aining improved roadway related drainage and roadway restoration within the area of the Unit as set forth in County Om. 91-107. The will also prepare and recommend an itemized budget, work programs and priorities. Applicants must reside within the Forest Lakes Roadway & Drainage MSTU. Terms are 4 years. -....,-. FL STAT 125.0] Staff: Val Prince, Transportation Services: 213-5879 Tuesday, April 27, 2004 Page2of2 Agenda Item No. 9A September 13, 2005 Page 7 of 17 MEMORANDUM RECEIVED JUN 2 1 2005 FROM: Sue Filson, Executive M er Board of County Commissio Board of County Commissioners DATE: June 17,2005 TO: Elections Office RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. FOREST LAKES MSTU COMMITTEE COMMISSION DISTRICT George E. Fogg 628 Woodshire Lane, #G-1 Naples, FL 34105 1 1 1 ;j Harold Bergdoll 1116 Forest Lakes Boulevard Naples, FL 34105 Richard Franklin Manning 1041 Forest Lakes Drive Naples, FL 34105 William John Csogi 202 Woodshire Lane Naples, FL 34105 Thank you for your help. MEMORANDUM Agenda Item No. 9A September 13, 2005 Page 8 of 17 DATE: June 17,2005 TO: Val Prince, Transportation Servi FROM: RE: Forest Lakes Roadway & Drainage Advisory Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Harold Bergdoll 1116 Forest Lakes Boulevard Naples, FL 34105 Richard Franklin Manning 1041 Forest Lakes Drive Naples, FL 34105 William John Csogi 202 Woodshire Lane Naples, FL 34105 George E. Fogg 628 Woodshire Lane, #G-l Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank. you for your attention to this matter. SF Attachments filson_s .m: advisoryboards@colliergov.net Sent: Thursday, June 09, 2005 5:02 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~~f.! Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 June 09, 2005 Application for Advisory Committees I Boards Name: Harold Bergdoll Home Phone: 239-403-1724 Home Address: 1116 Forest Lakes Blvd. e City: Naples Zip Code: 34105 Page 1 of2 Agenda Item No. 9A September 13, 2005 Page 9 of 17 ,,~t]J" ,". . p' ,. : . ...~. -:"! '. . . :; .~ " . # ~,1 / Fax Number: 239-403-1726 Business Phone: 239-403-1724 Email Address:hbergd1126@aol.com Place of Employment: Retired How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: MSTU Category: (if applicable) No information provided. e Do you currently hold public office? No 6/10/2005 Page 2 of2 Agenda Item No. 9A September 13, 2005 Page 10 of 17 ~ Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Member of Quail Run Golf Club advisory board and presentle vice president Education: High School Experience I Background: Attended MSTU meetings and have been working with Mr. Robert Jones on the current rain water problems in the surrounding communities. -) ~ 6/10/2005 Page 1 ot2 Agenda Item No. 9A September 13, 2005 Page 11 of 17 filson_s em: advisoryboards@colliergov.net Sent: Friday, June 03, 2005 5:43 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 .<<... J.--t~'~\"":J . . ...... - . ~..' .~.. . i J' 1 ;' June 03, 2005 Application for Advisory Committees I Boards Name: Richard Franklin Manning Home Phone: 239-213-0129 Home Address: 1041 Forest Lakes Drive e City: Naples Zip Code: 34105 Fax Number: No information provided. Business Phone: No information provided. Email Address:Contextman@cs.com Place of Employment: retired How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Forest Lakes Roadway and Drainage Advisory Committee Category: (if applicable) citizen at large e Do you currently hold public office? No 6/6/2005 . ~ ---) 6/6/2005 Page 2 of2 Agenda Item No. 9A September 13, 2005 Page 12 of 17 Do you now serve, or have you served on a Collier County board or committee? If yes, please list the boards I committees: Schools Advisory Committee Yes Please list your community activities: volunteer Habitat for Humanity Board of Directors Turtle Lake Association Education: B. S. Kent State University Cleveland, Ohio M. S. Kent State University II Ed.D. Case Western Reserve University II Experience I Background: Teacher, college and university adjunct professor, school administrator in Ohio and Florida Page 1 of2 Agenda Item No, 9A September 13, 2005 Page 13 of 17 filson_s am: advisoryboardS@coI6ergov.net Sent: Friday, June 03, 2005 9:50 AM To: filson_s Subject: New On-line Advisory Board Application Subrritted. ~~"ty Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 "Lt]J"/ ,......, ~,. . . I ' " . A " '. _ r' . .. . . ".". .',t: 'I / , -14", June 03, 2005 Application for Advisory Committees I Boards Name: William John Csogi Home Phone: 239-261-6957 Home Address: 202 Woodshire Lane e City: Naples Zip Code: 34105 Fax Number: 239-261-4864 Business Phone: 239-263-9404 Email Address:carcritiC@earthlink.net Place of Employment: Anchor Rode Auto Care How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Forest Lakes Roadway and Drainage Advisory Category: (if applicable) No information provided. e Do you currently hold public office? No 6/3/2005 4t ) ..., 6/3/2005 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: Chair of Public Vehicle Advisory Comittee for 5 years Please list your community activities: Committee Chair for Boyscouts I Pack 165 Past President of Woodshire Homeowners Association U-8 Soccor Coach of Optimist Soccor Chair of Woodshire Homeowners Architectural Review Committee Past T-Ball Coach of Greater Naples Little Leaque Education: 18 Years of Automotive Service High School Experience I Background: Lived in Naples on Woodshire Lane within the MSTU since 1990 Served on previous county board Page 2 of2 Agenda Item No. 9A September 13, 2005 Page 14 of 17 Page 1 of2 Agenda Item No. 9A September 13, 2005 Page 15 of 17 filson s .m:- advisoryboards@colliergov .net Sent: Friday, May 20, 20054:22 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774h3602 "Lt~1 .~.I ", . ~\ ~ .~ . ...N . ." ~.' " ,. . .' ,'" #4..1 :' May 20, 2005 Application for Advisory Committees I Boards Name: George E. Fogg Home Phone: 239-261-6062 Home Address: 628 Woodshire Lane, #G-1 e City: Naples Zip Code: 34105 Fax Number: 239-261-7279 Business Phone: 239-261-6062 Email Address:fogg62383@comcast.net Place of Employment: IBIS - Self-employed landscape architect How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Forest Lakes Roadway and Drainage M.S.T.U. Category: (if applicable) Lay Person e Do you currently hold public office? No 5/20/2005 r -- Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: Pathways Committee Landscape Code Revision Advisory Comm ittee Please list your community activities: Emerald Greens Condominium Assn Grounds Committee Emerald Greens Condominium Board Member Police Activity League Board Member American Society of Landscape Architects - Local Chapter Chair State Training program for those taking national landscape architecture exam. FGCU Renaissance Ball Committee (donated design services for interior landscape) Education: B.S. Landscape Architecture - University of Massachusetts at Amherst M.S. Landscape Architecture- Univeristy of California at Berkeley ~ Experience I Background: 1990 to Present - Registered Landscape Architect - State of Florida 1990 to Present - Owner of a small environmentally-oriented landscape architectural firm specializing in park design and planning 1980 to Present- Author of ten reference books on landscape design, site design and management process, off-highway vehicle use, and park, recreation and leisure facilities site planning 1981-89 - Asst. Professor of Landscape Architecture - King Faisal University, Dammam, Saudi Arabia 1968-1981 - Chief of Planning and Development, Bureau of State Parks, Pennsylvania 1966-1968 - Divison of Beaches and Parks - State of California Reservoir Recreation Development 1963-1966 - East Bay Regional Park District - San Francisco Bay Area, California 1961- 1963 - Hayward Area Recreation and Park District - California 1959-1961 - National Park Service, Western Office, Division of Design and Construction -, 5/20/2005 Page 2 of2 Agenda Item No. 9A September 13, 2005 Page 16 of 17 Agenda Item No. 9A September 13, 2005 Page 17 of 17 Attention: Forest LIJIcn ROIUlwq IUId Drllbuzge M.s. 7: U. Advisory Committee. PletlSe except "9' reslgutiD" fro.. tlte IUlvisory IHHIrd effective May 21U1 tIS I will "0 longer live in tile Forest uus COllfllNlllity. It "IIB been . plellSure working on tile 6otud. Sjncerely, r<~~ Robert C""ning""11t J EXECUTIVE SUMMARY Agenda Item No. 98 September 13, 2005 Page 1 of 17 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY AIRPORT AUTHORITY OBJECTIVE: To reappoint 3 members and appoint 1 member to serve 4 year terms, expiring on August 10, 2009 to the Collier County Airport Authority. CONSIDERA TIONS: The 7 member Airport Authority was created on June 22, 1993, by Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and airport facilities. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities oflmmokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. The terms for Byron 1. Meade, Dennis P. Vasey, Stephen L. Price, and James A. Peterka expired on August 10,2005. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY mg ELECTOR ADV. COMM. Stephen L. Price-re-appt Finance, Immokalee Resident 5 Yes Airport Authority James A. Peterka-re-appt Aviation; Gen Bus & MI Resident 1 Yes Airport Authority Richard Schmidt-new appt General Business 5 Yes Public Vehicle Adv Comm Byron Meade-re-appt General Business 4 Yes Airport Authority COMMITTEE RECOMMENDATION: Stephen L. Price - re-appointment James A. Peterka - re-appiontment Richard Schmidt - new appointment Byron Meade - re-appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 4 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 13, 2005 Item Number: Item Summary: Meeting Date: /\gerrda Item No 98 September 13, 2005 Page 2 0117 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 96 Appointment of mombers to the Collier County Airport Authority 9113/20059:00:00 AM Prepared By Date Sue Filson Board of County Commissioner. ElIecutiva Manager to the Bee Bee Office 8/18120054:02:04 PM Date Allprond By Leo E. OChs, Jr. Bo,ud of County Commissk>ners Deputy County Manager County Managet'fi. Office 8/2:3/200511 ;28 AM .. ... Agenda Item No. 98 September 13, 2005 Page 3 of 17 MEMORANDUM RECEIVED AUG 1 1 2005 Board of County Commissioners DATE: August 9,2005 TO: Sue Filson, Executive Manager Collier County Board of Commissioners FROM: Theresa M. Cook, Executive Director If:::) . Collier County Airport Authority ~ RE: Airport Authority At the August 8, 2005 Collier County Airport Authority (CCAA) Board meeting CCAA Board members voted unanimously to recommend the Collier County Board of Commissioners appoint all four applicants for the above-referenced board: Applicant Stephen L. Price James A. Peterka Richard Schmidt Byron Meade Area( s) of Expertise Finance, Immokalee Resident Aviation & General Business, Marco Island Resident General Business General Business Please contact us at 642-7878 Ext. 34, if you need additional information from the Airport Authority. Thank you. TMC Agenda Item No. 98 September 13, 2005 Page 4 of 17 ...- Airport Authority Name WOf'k Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Robert E. Doyle, Jr. 434-4954 11/23/99 08/1 0/03 4 Years 3201 70th Street, S.W. 263-0929 09/10103 0811 0/07 4 Years Naples, FL 34105 E-Mail: red@quarles.com District: 3 Category: LegaVEDClPiIot Mr. E. Raymond Rewis S'6\rft.... 695-4902 06/12/01 08/1 0/03 2 Years P.O. Box 390 r~ "J-'C~ 695-4270 09/1 0/03 08/1 0/07 4 Years Chokoloskee, FL 34138 ~. E-Mail: District: 5 Category: Aviation/Everglades City Mr. Byron J. Meade n5-0623 06/08/04 0811 OIOS 1 Year /' 1303 Cobia Court nS-<J623 -- Naples, FL 34102 E-Mail: jrneade6000@aol.com District: 4 Category: Business and Finance Mr. Dennis P. Vasey 09111101 08/1 0/05 4 Years v' 4398 N Longshore Way 598-4326 Naples, FL 34]] 9 E-Mail: dennisvasey@gulfi1ccess.net District: 3 CaJegory: Aviation logistics & airfield mgmt Mr. Stephen L. Price 657-3171 08/10/93 0811 0/97 4 Years /' 1400 N. 15th Street 657-1014 09/11101 0811 0105 4 Years Immokalee, FL 34142 E-Mail: District: 5 Category: PilotfBusinessman .------" Frida:!, Februar;p 25, 2005 Page 1 of2 Agenda Item No. 98 September 13, 2005 Page 5 of 17 -~ Airport Authority Name Work Phone Appt'd Exp. Dale Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. James A. Peterka 768-4486 05/13/03 1101 Edington Place 389-4262 Marco Island, FL 34145 E-Mail: District: 1 Category: Public Affairs, General Business, Aviation 08/1 0/05 2 Years /' Mr. Eugene J. Schmidt 383 Harbour Drive, #205 Naples, FL 34103 E-Mail: email1@mindspring.com District: 4 Category: Aviation 642-7878 09/08/98 263-3444 12/15/04 08/10/99 08/10/07 1 Year 3 Years This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. Members of the Authority shall be residents of Collier County with business ability and experience in one or ,.--_. more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. Tom Palmer, County Attorney 774-8400 Board meets 2nd Monclay of each month FL STAT 330 &. 333 Stoff: Theresa M. Cook, Executive Director, Airport Authority: 642-7878 /~ .', Friday, February 25, 2005 Page2of2 MEMORANDUM Agenda Item No, 98 September 13, 2005 Page 6 of 17 TO: Elections Office RECEIVED JUL f 3 2005 DATE: July 11,2005 FROM: Sue Filson, Executive Manager Board of County Commissioner Board of County CommluIan.,. RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. AIRPORT AUTHORITY COMMISSION DISTRICT Stephen L. Price 1400 N. 15th Street Immokalee, FL 34142 !5 James A. Peterka 1101 Edington Place Marco Island, FL 34145 } 5 1 Richard Schmidt 2786 Orange Grove Trail Naples, FL 34120 Byron Meade 1303 Cobia Ct. Naples, FL 34102 Thank. you for your help. MEMORANDUM Agenda Item No. 98 September 13, 2005 Page 7 of 17 DATE: July 11, 2005 TO: Theresa M. Cook, Airport Autf1hOrit); ecutive Director Sue Filson, Executive Manager, I Board of County Commissioner " Authority Authority FROM: RE: As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Stephen L. Price 1400 N. 15th Street Immokalee, FL 34142 James A. Peterka 1101 Edington Place Marco Island, FL 34145 Richard Schmidt 2786 Orange Grove Trail Naples, FL 34120 Byron Meade 1303 Cobia Ct. Naples, FL 34102 Please let me know, in writing, the recommendation for appointment ofthe advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 77 4-8097. Thank you for your attention to this matter. SF Attachments 07/0B/200fi-FRI 12:47 FAX 9042771044 RC,Amelia Island BUS.CTR JUL-~e~~~0~ 1~:3e AM CCAA ~~~ ~'4 Agenda Item ~.O~/002 ~ ~ 1 :I September 13, ~O!Q:,:2 Page 8 of 17 Board of County Comulissioners 3301 Ea., Tanlluml Tnt! Nltplc8, fl. 34112 o.39} 774-8097 Fax; (139) 774-J6U2 J- f7J~'~ <<""~ ~ ~I . .. ,~.' , "~" . - . f ,". 'J .. )' Application for Advisory Committees/Boards Nllmt: .5l-e/JA &" L. /:. / .(, t'. , Home Phone: .2 J? ~ c;._~'Z: /0/'( ff. . - 1.1 Home Addreu: 1'( () 0 /1./, I.C...J..It:. ::C-?1 II'! {; ;<'/1"(( e. Zip Code: .3 ./ I $1:';_ FMIi No,).]'? t.S."1 ..JJi(.I"/."SQ,i.ae" Phonc:-ln c:..r'7.~'~3.i..2L~ O"IDAU address: s.~f"" ?e' t:\f.{-.;" ,J4(,~"III'lh/ 'i?j,'7~'Ik. .. , () '/. ./. " . .-'. .- '/" . " 17 t' f' Dusiness: I r,N.lI'1 1(1 ,..r.... ('. (.{2{) 1~'c'''1(3.:; l.J.',:";'}.'lll.u" .z. /).:)7,1:: I' Boar(& or ComndtteG Appl!tld (or: .4 J -r 110 I .; " 4,.( It:J I, 'I, CRtegory (if l\ppIiCRble): &umplo, C"lIImlNIIII\ DI.trltt, O,,'ellllfer, ....vlmqm.II..It..lny ph'lvn.ltc. Are you Q regilt.red voter'u CoUler County: Vel Do you currently hold publJe oMce? VelI rf .n, ",hilt it thllt omee? V"'. No No ~:.--- Db you IIOW .c:....o, or hno )'OU nClr 'o",'~o,lI a Collier C:Ollhl)' >o~ or commltlee? Y418 ftyet, plea"o u.t th. enmmitt..llbaards: " rl'" (j, ;r1.t1./~.. r, I? v No Educlltion! Iff //5 .a i<N~'Y'( 0(' J (..Ll'~"{); ,',(-'1 4:.f(/l_____ . I &xperIDncc:_) .J. , ~ /I." " I ( J / '/ t. t.::; (..) (~,o .. #'cf,:(". _. /' t ' .;/ . L ".l. ""'('~."ff.... r" II ~ r ) p,~,~ 4tt#I:/I An)' "ddlltHUllllf{orm(lttqlf~fer' tnl'tlntmt 11116l1ppllCtltlOIl,hOMld bejbrwfjrdtd to SUit Filmlf, EzeCII"~ Mill/AI" M tlJr. BnNd#ifCIIU"IJIC"-""fi"".".,, J1fJJ IlJIIITwMl,,"" TNI4 NaplR,n UI1z. ff)lO" ""illr.l1I-r.ftDC)'tJII'./Illt1lttlrmtfl (21'1) ''''..360' Dr HIUItJ M tlJJt1J1u~/1.r.I/J.!!!JJIJ T1I.,lflc )ltluftl' vMurtHrl"K to,_ tlrr cllU(!Jf$ tJ/'CDlllt:r" C""'IIO'. -' ~ Agenda Item No. 98 September 13, 2005 RECE1~E\)7 JUL 1 1 2005 James A. Peterka 1101 Edington Place Marco Island, Florida 34145-2000 Board of County Commissioners Voice/Fax: 239.389.4262 e-mail: jimpeterka@vcmails.com July 7, 2005 Mrs. Sue Filson Executive Manager, Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Ms, Filson: I'm enthusiastic about the opportunity to again apply for the upcoming vacant position on the Collier County Airport Authority Board. My considerable experience in the listed areas of concern appears to be a perfect fit for your needs. I have attached an application, together with my resume. If you have any questions, or need additional information, please contact me. References available upon request, and thanks for your consideration. Enclosure Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Agenda Item No. 98 September 13, 2005 Pa e 10 of 17 Application for Advisory Committees/Boards Name: James A. Peterka Home Phone: (239) 389-4262 Home Address: 1101 Edineton Place: Marco Island. FL Zip Code: 34145 Fax No. (239) 389-4262 Business Phone: N/A e-mail address:iimoeterka@vcmails.com Business: Retired Board or Committee Applied for: Airport Authority Category (if applicable): Marco Island Resident Eumple: Commission Dislrict, Developer, eDvil'Ollmcntalist, laypenon, eic. Are you a registered voter in Collier County: Yes Do you currendy hold public office? Yes Iho, what is that office? x No No x Do you now serve, or have you ever served, on a Collier County board or committee? Yes X No If yes, please list the committeeslboards Airoort Authority Board: Revenue Commission Member. Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Presently servin!! a second term on the Marco Island Beach Advisorv Committee: graduate of the inaugural class of the Marco Island Leadership program. Prior to relocatin!! to Collier County. served as President and Treasurer of my Condominium Association and as a board member of Chesapeake NeilZhbors. a local non- profit organization supportin!! the develoomentally disabled. Member of the Marco Island Chamber of Commerce. Education: MBA. Golden Gate University. San Francisco. CA. 1977 BA. Golden Gate University. San Francisco. CA. Summa Cum Laude. 1975 Experience: Two years on the Collier County Airoort Authoritv Board. Fortv plus years of progressively increasin!! resoonsibilitv in key management and ooerations oositions in the aviation field. These include airoort operations: construction olanning. deshm and development: airfield. pavement.. facility and l!TOunds maintenance. renovations and imorovements: equipment acquisition and upkeep: and knowledge and compliance with federal and state relZulatorv and l!I'ant reauirements. Possess 5000 flvin!! hours and a commercial oilot's license with instrument rating. Please see attached resume for specific positions and responsibilities. Pleae attack IUIJ' IlIIditional inj"o1'1NltUJn you /u/ pertinent This app//ctllion slwuld be forwarded to Sue Filson, Exealtive Manager to the Board 0/ Coultty Ctmllllissioner$, 3301 EtISI Tturriami T1YIII, Naples, FL 34111. l/you wish, please /flX your appIicotion to (941)774-3{j()] or e-mail tosuefi/s(JnfiDct1l1it'f1!Ol'.lIef. Thank you for vohmteerl", to serve the citi;._ 0/ CoIUer Coultty. Agenda Item No. 98 September 13, 2005 Page 11 of 17 JAMES A. PETERKA 1101 Edington Place Marco [<iiland, Florida 34145 Home (239) 389-4262 Fax (239) 389-4262 OBJECTIVE A continuing position on the Collier County Airport Authority. EDUCATION MEA, Golden Gate University - 1977 BA, Golden Gate University, Summa cum Laude - 1975 SUMMARY Forty plus years of progressively increasing responsibility in key management and operations positions in the aviation field, including documented successes managing organizations in excess of 500 personnel and budgets of $50 million annually. Comprehensive experience in airports and airport facilities construction, improvements, equipment, development, regulation, operation and maintenance. EXPERIENCE 2003 _ Present: RETIRED. Presently a member of the Collier COWlty Airport Authority Board; member of the Marco Island Beach Advisory Committee and member of the Collier County Revenue Commission. 1997 - 2003: SENIOR FACILITIES MANAGER, Southwest Florida International Airport. Directly responsible for all planning, programming, budgeting and management of the Airport Facilities program, to include maintenance, upkeep and repair of all structures, vehicles, equipment, landscaping and grounds. Member of numerous working groups active in the design of the Airport's new Midfield Passenger Tenninal, parking garage and other outbuildings. 1990 _ 1997: ASSISTANT DIRECTOR OF MAlNTENANCE, Maryland Aviation Administration, BaltimoreIWashington International (BWI) Airport, Maryland. Directly responsible for the preparation and control of an annual $23 million operating budget, including service contracts valued at $11.1 million and overall airport facility housekeeping, maintenance and repair of 56 structures, to include a 1 million square foot tenninal complex. Responsible for review, recommendations and final inspection of all airport construction projects to insure all relevant code and aesthetic considerations were included. Assisted the Director in the management of a 170 vehicle fleet, a staff of 140 personne~ 15 miles of runways and taxiways and 600 acres of aircraft parking ramp. 1985 _ 1990: DEPUTY DIRECTOR OF MAlNTENANCE, Dover, DE. Generated, implemented and executed annual operating budgets of $26 million, and planned and prioritized capital expenditures averaging $18 million per year for 29 large facilities, runways and taxiways. Directed all personnel planning, to include recruitment, training, and qualification of2200 people. Agenda Item No. 98 September 13, 2005 Page 12 of 17 lames A Peterka Page Two 1982 - 1985: PROPULSION MANAGEMENT DMSION DIRECTOR, San Antonio, TX. Planned and executed annual operating budgets in excess of $2 billion. Directed over 400 engineering and technical personnel in the detennination of spare parts requirements, distribution, depot maintenance programs, and technical and engineering management. Directly responsible for worldwide logistics support for 90,000 aircraft and ground support engines valued in excess of$5.25 billion. 1981 - 1982: TRANSPORT SYSTEMS PROGRAM MANAGER, San Antonio, TX. Directed the efforts of 55 people, and developed and executed an annual operating budget in excess of $60 million. Responsible for worldwide logistical support, including supply, maintenance, transportation, procurement and production of 202 aircraft. 1979 - 1981: MAINTENANCE UNIT DIRECTOR, Fairfield, CA Directed the activities of over 500 people, and developed and executed an annual operating budget in excess of $5 million. Responsible for all maintenance activities performed on 36 home based aircraft and 650 transient aircraft per month. 1977 - 1979: FLYING UNIT OPERATIONS DIRECTOR, Fairfield, CA Responsible for personnel management, to include selection, training, currency, and upgrade of 300 plus flying personnel. Responsible for developing and executing a $3.5 million annual operating budget. Personally maintained the highest proficiency in worldwide flying, including contingency and aerial refueling operations. 1975 - 1977: FLIGHT OPERATIONS, Fairfield, CA Transitioned from first officer to captain in the world's largest multi-engine jet aircraft involved in international passenger and cargo operations. 1973 - 1974: FLIGHT OPERATIONS, Agana, Guam. Performed operations as the airplane captain, including hunicane and typhoon penetration and tracking, as well as air sampling. 1960 - 1973: FLIGHT OPERATIONS, Numerous locations. Functioned as pilot, navigator and electronic warfare officer in a variety of aircraft worldwide, including combat operations. PERSONAL Selected for, and graduated from, Marco Island's inaugural Leadership Development Program. Full time Marco resident since May 1998. Completed the inaugural Leadership Development Program in Anne Arundel County (Annapolis) MaJ)'land. Previous Board Member of local non-profit organization supporting the developmentally disabled. Former President and Treasurer of Condominium Association Governing Board. Member of numerous professional, social and civic organizations, including the Marco Island Chamber of Commerce. Have 5, 000 hours flying time and a commercial pilot's license with instrument rating. Page 10f2 Agenda Item No. 98 September 13, 2005 Page 13 of 17 filson_s .m: advisoryboards@coltiergov .net Sent: Friday, July 01, 2005 9:41 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 ~Ltlr~.I. . ". ,,,.:. '. ........ . ~.:i :.:j~ July 01, 2005 Application for Advisory Committees I Boards Name: Richard Schmidt Home Phone: 239-354-3490 Home Address: 2786 Orange Grove Trail e City: Naples Zip Code: 34120 Fax Number: No information provided. Business Phone: No information provided. Email Address:rschmidt1956@earthlink.net Place of Employment: Retired How long have you lived in Collier County? 1-2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Collier County Airport Authority Category: (if applicable) Citizen At-Large e Do you currently hold public office? No 7/5/2005 ~ ~ '~ 7/5/2005 Page 2 of 2 Agenda Item No. 98 September 13, 2005 Page 14 of 17 Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Fin Accountability Committee, Grand Parkway Bapt. Church, Houston, TX Institute of Mgt Accountants, Houston Chapter, Houston, TX (R. McDonald House Sponsor) American Council of Higher Ed, Military Ed Eval Team, Washington, DC Institute of Mgt Accountants, Board of Dir, Hampton Rds Chapter, VA CDR(Ret), Engineering Officer, USNR Deacon, Deep Creek Bapt. Church, Chesapeake, VA Education: PhD, Bus Admin, Santa Clara University MBA, University of Utah BS Chem Eng, University of Utah Experience I Background: Econ Eval Eng, Dow Chemical Co. Mkt Develop Mgr, Kaiser Alum. & Chem. Co. Dir of Fin and Admin, ARC Professor of Accounting, 8 universities Dean, School of Business, 4 universities filson_s _m: advisoryboards@colliergov.net Sent: Wednesday, June 22, 2005 4:04 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Comm issioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 June 22,2005 Application for Advisory Committees I Boards Name: Byron Meade Home Phone: 239-775-0623 Home Address: 1303 Cobia Ct. e City: Naples, FI Zip Code: 34102 Page lof2 Agenda Item No. 98 September 13, 2005 Page 15 of 17 <<L.t1Ji), r. /,... '::! -'0 ,..:/ .:.j~ Fax Number: No information provided. Business Phone: No information provided. Email Address:jmeade6000@aol.com Place of Employment: self How long have you lived in Collier County? 5-10 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: collier country airport authority Category: (if applicable) No information provided. . Do you currently hold public office? No 6/22/2005 . .. -) 6/22/2005 Page 2 of2 Agenda Item No. 98 September 13, 2005 Page 16 of 17 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: present time a member of the collier country airport authority Please list your community activities: President, Lorenzo Walker Institute of Technology Foundation Education: B.S. Purdue University Experience I Background: Licensed pilot last 50 years Agenda Item No. 98 September 13, 2005 Page 17 of 17 filson s - From: Sent: To: Subject: Dennis P. Vasey [dennisvasey@gulfaccess.net] Tuesday, June 21, 2005 9:26 PM filson_s RE: Airport Authority Sue, Thanks for your prompt reply and comments regarding Janet. I'm not seeking reappointment to the airport authority. Duke .,......... EXECUTIVE SUMMARY Agenda Item No. ge September 13, 2005 Page 1 of 12 APpOINTMENT OF MEMBER(S) TO THE LAND ACQUISITION ADVISORY COMMITTEE . OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on February 11, 2008, to the Land Acquisition Advisory Committee. CONSIDERA TIONS: The Land Acquisition Advisory Committee was created by Ordinance No. 2002-63. This 9-member committee's primary responsibility is to recommend to the BCC an Active Properties Acquisition List with qualified purchase recommendations of environmentally sensitive lands consistent with the goals of the Conservation Collier Land Acquisition Program. Membership of the committee shall comprise broad and balanced representation including environmental and conservation interests, agricultural and business interests, educational interests, and general civic and citizen interests within the County. Members shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eco-tourism or environmental education. A list of the current membership is included in the backup. Kathy Prosser resigned on June 9, 2005. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY lli[t ELECTOR AnV. COMM. Brent Moore Environmental; Conservation; Ag; 4 Yes Smart Growth Bs, Education; Ecology; R.E.; Land Management Stan Weiner Ag; Bs; Civic 2 Yes None COMMITTEE RECOMMENDATION: Brent Moore FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 13, 2005 Agenda Item No. 9C Sepiernber 13,2005 Pa;Jfl 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9C Item Summary: Meeting Date: Appointment of m~;mber to the Land Acquisition Advir;ory Committee 9/13/20059:00:00 AM Prellared By Sue Fil50n Board of County CommISsioners Executive Managcrto the Bee D... Bec OffIC~ 81HH2005 4:02:04 PM Approved By Leo E. Ochs, Jr. Board of County CommissioneF'fi Deputy County Manager Date County MlInager'f; OffIce 8/23/200511:33 AM Agenda Item No. 9C September 13, 2005 Page 3 of 12 Memorandum To: Sue Filson, Executive Manager, Board of County Commissioners Cc: Bill Lorenz, Director, Environmental Services Department From: Alexandra J. Sulecki, Coordinator, Conservation Collier Program Date: August 10, 2005 Subject: Recommendation for Conservation Collier Committee appointment On August 8, 2005, the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) met at their regularly scheduled monthly meeting and discussed the appointment of one (1) member to fill the upcoming vacancy for Kathy Prosser's term, due to expire on February 11, 2008. After discussion about the two (2) applications, a motion was made and seconded to recommend that Brent Moore be appointed for the vacant seat. This recommendation was based on the applicants stated qualifications. The motion and second were unanimously approved. Please :find attached a table identifying how each of the two applicants met the qualifications required for service on the CCLAAC. Environmental Services Department Community Development & Environmental Services Division ULDN ~g:: \l 0 ""'" .0 E '" 0) 0),-0) .....0)('0 -.00... ('OE "00) 1::..... 0)0.. 0)0) <(Cf) ~ 5 j -8 ) J!l c .l:! ~ '5 ~ ~ ::J (/) LO o o N aj ... ctJ ::J l:J> ::J ce () ~ o o ]j c ~ l5 ~~ cog ww i c E .!! ::J ~ w iii ~ > j o '"" NZ > 0) ~ I-~ ! J f:! ~ GI_I- J c ::J ~ ; i-- l5 i s .l! I- j !i .: !i ~ .S ~_ i i.~ J!I Ii i :- 1,- : ~i c Gl15 i II I 8e- ~i -I~ Ill) i.!l j!~e-i!- ~5 "2c . I~ 6 iii .() . -tea Ill' ""l5 i -~~~- .5 ~ g I jl -Ill J!Ij ;;j~=J!j ctJ g_ I!! - c: ; Ii ~n; c I IB c m ltJ IV:: Ii III i J!l i!-~III .- i m.- lit ~.9c :e.9 c 1!!l51l1 1Il.a III !~m ~'2i~ lsctJi ictJ;;:o 6~~ ~~:Ki ~ji ~j8 i~;~ ~~~i I!!IiCl! jli.5~ ~(/);: ~(/)~r> Ii ~ ai ctJ 'E I! i :t ili ::J :Ii! ~ .5 J c CII ~:E I i o og Iii .!.! .<= o i t'3 . GI :; .5 0) ~ 0) ~ 0) 3i 0) 3i 0) ~ CD ~ 0) 3i :: ~j I i U'.l "2.l!I > - CII 6 111-l9 a::~ce ~ i > l5 o I w og i!lii5i 0) !~~ 3i <300 J!l ! s .5 15 j J a:: I ::J og W i! ~ I a ._ '~"2 ~ cealeD :! l5 ~ 11 .15 i ~og15 wliio I I I j i Z (/) eD o Z Agenda Item No. ge September 13, 2005 Page 5 of 12 .r--.. Land Acquisition Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Willis P. Kriz 02/11/03 770 Waterford Drive, #303 732-1982 Naples, FL 341 13 E-Mail: District: 1 Category: Environmental/ AglCivic 02/11/06 3 Years Ms. Ellin Goetz 64~n 02/11/03 02/11/06 439 3rd Avenue, North 263-6147 Naples, FL 34102 E-Mail: District: 4 Category: AgriculturallBusiness Environmental/Conservation 3 Years Mr. Wayne Jenkins 352-3175 02/11/03 02/11/06 3 Years 2500 Jenkins Way 455-8109 r Naples, FL 34] 17 E-Mail: District: 5 Category: Civic/Conservation Mr. Anthony P. Pires, Jr. 649-6555 01/25/05 02/11/08 3 Years 209 Madison Drive 450-2474 Naples, FL 34110 E-Mail: District: 2 Category: Land Use Attorney Mr. William H. Poteet, Jr. 403-3840 02/11/03 02/] ] /05 2 Years 6] 80 Star Grass Lane 352-6822 03/08/05 02/11/08 3 Years Naples, FL 34] 16 E-Mail: District: 3 Category: AglBusinesslConservationIReal Estate -- j. Wednesday, l\./arch 09, 2005 Page 1 of3 -'l i -1' i r", I Land Acquisition Advisory Committee Agenda Item No. 9C September 13, 2005 Page 6 of 12 Name Work Phone Appt'd Exp. Date Term Home Phone Date.Re-oppt 2ndExpDate 2nd Term 2 Years 3 Years 2 Years 1 Year 3 Years 1 Year 3 Years Ms. Kathy Prosser ..tI 403-4210 02/11/03 02111/05 4757 Cerromar Drive .eSlPjr 5 530-n05 03/08/05 02111108 Naples, FL 34112 { Or() E-Mail: \11/ District: 1 Clltegory: EnvironmentaVEcology/Conservation Ms. Mimi Wolok 403-9992 11116/04 02111/07 1112 Trail Terrace Drive 403-9992 Naples, FL 34103 E-Mail: mwolok@peganet.com District: 4 Category: EnvironmentaVEcology/Conservation/RE & Land Acq Mr. Michael Delate 947-1144 02/11103 574 ]OOth Avenue North 592-9834 01/27/04 Naples, FL 34] 08 E-Mail: mdelate@gradyminor.com District: 2 Clltegory: EnvironmentaVCivic/Conservation 02111/04 02111107 Mr. Marco A. Espinar 263-2687 02/11/03 3880 Estey Avenue 0]/27/04 Naples, FL 34]04 E-Mail: District: 4 Category: EnvironmentaVAglCiviclEcology 02/11/04 02/11/07 Wt!tlnesdap, March 09,2005 Pagt!2 olJ .- ...---. r Land Acquisition Advisory Committee Work Phone Home Phone Ms. Kathy Prosser . d 403-4210 4757 Cerromar Drive .f.SlfJr 5 530-nOS Naples, FL 34112 '( C,\,.O E-Mail: \fI/ District: 1 Ctdegory: EnvironmentallEco Iogy/Conservation Appt'd Exp. Date DateRe-appt 2ndExpDote Agenda Item No. ge September 13, 2005 Page 7 of 12 Term 2nd Term 02/11/03 03/08/05 02/11105 02/11/08 2 Years 3 Years 2 Years 1 Year 3 Years 1 Year 3 Years Name Ms. Mimi Wolok 403-9992 11/16/04 02/11/07 I I 12 Trail Terrace Drive 403-9992 Naples, FL 34103 E-Mail: mwolok@peganet.com District: 4 Category: EnvironmentallEcology/ConservationIRE & Land Acq Mr. Michael Delate 947-1144 02111/03 574 100th Avenue North 592-9834 01/27/04 Naples, FL 34108 E-Mail: mdelate@gradyminor.com District: 2 Ctdegory: EnvironmentaVCivic/Conservation 02/11/04 02/11/07 Mr. Marco A. Espinar 263-2687 02/11/03 3880 Estey Avenue 01/27/04 Naples, FL 34104 E-Mail: District: 4 Category: EnvironmentaV AglC iviclEco logy 02/11/04 02/11/07 .....-.- i Wednesday, March 09, 2(}{JS Page 2 of3 MEMORANDUM Agenda Item No. 9C September 13, 2005 Page 8 of 12 DATE: July 11, 2005 RECEIVED JUl 1 3 2005 BoerdOfCoun~~ TO: Elections Office ~ . l Sue Filson, ExecutIve Manager J Board of County Commissione FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Connnissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LAND ACQUISITION COMMITTEE COMMISSION DISTRICT Brent Moore 900 Hidden Terrace Road Naples, FL 34104 1/ c:{ Stan Weiner 9881 Clear Lake Circle Naples, FL 34109 Thank you for your help. MEMORANDUM Agenda Item No. 9C September 13, 2005 Page 9 of 12 DATE: July 11, 2005 FROM: Alex Sulecki, Environmental S~. \ Sue Filson, Executive Manager I Board of County Commissioners . TO: RE: Land Acquisition Advisory Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this corrnnittee to submit an application for consideration. I have attached the applications received for your review as follows: Brent Moore 900 Hidden Terrace Road Naples, FL 34104 Stan Weiner 9881 Clear Lake Circle Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas or expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Page 1 of 2 Agenda Item No. 9C September 13, 2005 Page 10 of 12 ;Ison_s .m: advisoryboards@colliergov.net Sent: Friday, June 24, 2005 4:06 PM To: filson_s Subject: New On-line Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 ~L~~l .~.I ". . /'~". "..:J '. , . ~. ... . ~ . ~"-~f~,~ l' June 24, 2005 Application for Advisory Committees I Boards Name: Brent Moore Home Phone: 239-298-0314 Home Address: 900 Hidden Terrace Road ~ City: Naples Zip Code: 34104 Fax Number: 239-498-1193 Business Phone: 239-390-1152 Email Address:brentm@bonitabaygroup.com Place of Employment: The Bonita Bay Group How long have you lived in Collier County? 1-2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Land Acquisition Advisory Committee Category: (if applicable) Certified Land Planner (AICP) -~ Do you currently hold public office? No 6/24/2005 Page 2 of2 Aaenda Item No. 9C September 13, 2005 Page 11 of 12 e Do you now serve, or have you served on aYes Collier County board or committee? If yes, please list the boards I committees: Smart Growth Advisory Comm ittee (recently sunsetted) Please list your community activities: Board Member, East Naples Civic Association Member, American Planning Association Member of Executive Committee, Florida Planning and Zoning Association, Calusa Chapter Moorings Presbyterian Church, Member Member, Urban Land Institute Education: Masters of Science in Urban and Regional Planning, Florida State University Bachelor of Arts in American Studies, St. Olaf College, Northfield, Minnesota . Experience I Background: I am the planning manager for The Bonita Bay Group, responsible for managing land use planning for the company. Prior to joining The Bonita Bay Group, I worked as a project planner for WilsonMiller, where my projects included land use analysis within the Collier County Rural Lands Stewardship Area, involvement with the Ave Maria Town Plan, and planning approvals for Arborwood, a mixed use project in the City of Fort Myers. I also served as a planner for the Florida Trail Association, a non-profit organization partnered with the USDA Forest Service to manage the Florida National Scenic Trail. In that capacity, I was involved with land acquisition activities to close the gaps for a 1 ,300-mile linear corridor spanning from Pensacola to the Big Cypress National Preserve. . 6/24/2005 ~...-.. e ~ -) Board of County Commissioners 3301 East Tamiami Trail Naples. FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9C September 13, 2005 :12 of 12 Application for Advisory CommitteeslBoards Name: Stan Weiner Home Pbone: 591-0316 Home Address: 9881 Clear Lake Circle Zip Code: 34109-0787 Fu No. 591-0316 Basiness Phone: 591-0316 sweiner@swna.rr.com e-mail address: Place ofEmployeement: Retired Board or Committee Applied for: Land Acquisition Advisorv Committee Category (if applicable): Exa.pIe: Comm.ioa District, Developer, eJIviroa_atalilt, Jay peno.. eke How long have you lived in Collier County: Years 6 Months 9 Are you a registered voter in Collier County: Yes Do you currently hold pnblic office? Yes Use, wbat is fIIat off'lCe! Supervisor - Collier Soil & Water Conservation District (CSWCDl Have you ever been convicted of any offense against tbe Law? No Do you DOW serve, or have yotI ever served, OR . Collier COlIDty board or committee! No .ryes, please list tlae committeesJboards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Wilshire Lakes Master Board - Secretaryffreasurer Board - Property Owners of North Naples Collier County Sky Watch Program North Naples Community Emergency Response Team (CERT) Education: B. S. Cbemical En2ineerin2 Experience: 5 vean on tbe CSWCD - Currentlv - Secretarv I Treasurer Pleae IIItllch /III} IIddition" infonn/lllon]OIl fed pertbtellL Tlrls ""pUc.tion IIhOllld be fonvtuded to Sue Filso,., ExeC#liu M"nlllu to TIre BOII,d of CO_I] Co"""lssiorm'S, 3301 EIIJIt T.",.I T,,,1l, N""la, FL 34/11. lflO1l willi, pleat! ffIX ]OIU ""pac.tion to (23'1)774-36810' t!-mllil to sUl!rllson(il>colliert!o".net. Thank .I'OIIfo, l'obmturing to !If!n'1! thl! citi:enll ofCol/in COIIn9'. .- EXECUTIVE SUMMARY Agenda Item No. 9D September 13, 2005 Page 10f 12 APPOnrrMENT OF MEMBER(S) TO THE LEL Y GOLF ESTATES BEAUTIFICA nON ADVISORY COMMITTEE OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on October 1,2009, to the Lely Golf Estates Beautification Advisory Committee. CONSIDERATIONS: The Lely Golf Estates Beautification Advisory Committee has 2 terms expiring on October 1, 2005. This 5 member committee assists and advises the Board of County Commissioners in handling matters pertaining to the beautification taxing district. The district was created by referendum vote on November 4, 1986, for the purpose of beautifying and maintaining the median strips of the streets and other public area within Lely Golf Estates. Applicants must reside within the boundaries of the municipal service taxing unit. Terms are 4 years. A list of the current membership is included in the backup. The terms for Robert C. Cole and Anthony 1. Branco will expire on October 1,2005. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY ~ ELECTOR ADV. COMM. Anthony J. Branco Resides with MSTU District 1 Yes Lely Golf Est Beaut Adv Comm Robert C. Cole Resides with MSTU District 1 Yes Lely Golf Est Beaut Adv Comm Beverly Bennett Resides with MSTU District 1 Yes None COMMITTEE RECOMMENDATION: Anthony J. Branco - re-appointment Robert C. Cole - re-appointment NOTE: Section Seven (B) of Ordinance 2001-55 states "Tenns of office for Board members shall be limited to two consecutive terms of service on anyone Board. . ." Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, Robert C. Cole has served 3 + terms. Should the Board wish to re-appoint Mr. Cole, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 13, 2005 Item Number: Item Summary: Meeting D.te: Ag8ncla Item No 90 September 13, 2005 Pag+-) 2 of 12 COLLIER COl!NTY BOARD OF COUNTY COMMISSIONERS 90 Appointment 01 members to the Lely Gall Esta1es Beautification Advisory Committee 9/13120059:00:00 AM Prepared By Om. Sue FII!>on Board of County CommissioneNl Executive Manngcr to. the BeC Bee Office 8118/20054:02:04 PM Date Approved By James V. Mudd Board of County Commissionerr. County Manager County Manager's Office 8/25/200512:41 PM Agenda Item No. 9D September 13, 2005 Page 3 of 12 TO: Sue Filson. Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: August 24, 2005 SUBJECT: Lely Golf Estates MSTU Recommendation to the Board for Filling Vacant Position. The Lely Golf Estates Beautification MSTU, has reviewed the three applications received by the prescribed deadline for the two vacancies. Applicants were evaluated based on their potential contributions to the Committee. All applicants meet the criteria required to be eligible for the committee and reside within the MSTU's district boundary. The Committee recommends the following applicants for appointment to the vacant term as indicated below: TYPE OF TERM FIELD OF EXPERTlSFlCATEGORY NAME APPOINTMENT EXPIRES Mr. Anthony Branco Re-appointment October 1.2005 Resident of Naples 15 years + BS Computer Science & Economics. Community Activities: (2 year term) -Lely Golf Estates MSTIJ, Subcomittee- Lely Entrance Signage Committee, Lely Civic Assn. Mr. Robert Cole Re-appointment October 1, 2005 Resident of Naples 23 years , High School & College Degree, Meals on Wheels 22+ years. - Retired Conununity Activities: (Subcommittee Budget Analyst) for the Lely Golf Estates MSTU. President to the Lely Civic Assn, East Naples Civic Assn. Transportation Services Division Ah. Transportation Modes Department Agenda Item No. 90 September 13, 2005 Page 4 of 12 August 24, 2005 Memo - Lely Golf Estates Beautification MSTU Page 2 At this time the Committee does not recommend the following applicants for appointment to the Committee: nELD OF EXPERTISE'CATEGORY NAME Beverly Bennett Education 13 years - Business Owner, Realtor Retired: - Collier County Resident Community Activities: Board of Directors - Vista Palms Condo, Chaired at Royal Palm Country Club several times. Please let me know if you need additional information. Transportation Services Division Alt. Transportation Modes Department ..-r Agenda Item No. 90 September 13, 2005 Page 5 of 12 Lety Golf Estates Beautification Advisory Committee Name Work Phone Appi'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. David Larson 269-4015 04/12/05 163 Doral Circle 793-8618 Naples, FL 34113 E-Mail: none District: 1 Category: Resides within MSTU District Mr. Robert C. Cole 301 Forest Hills Boulevard Naples, FL 34113 E-Mail: District: ] Category: Resides within MSTU District 12/17/91 10/09/01 ,---. Mr. Ron Torp 774-9311 10/08/02 349 Pinehurst Circle 774-3174 Naples, FL 34 I 13 E-Mail: District: 1 Category: Resides within MSTU District Mr. Tony Branco 514-5292 01128/03 147 Pebble Beach Circle 793-4364 Naples, FL 341 t 3 E-Mail: District: 1 Category: Resides within MSTU District Mr. Robert M. Slebodnik 02/27/01 32 Pebble Beach Boulevard 775-3491 10/08/02 Naples, FL 34113 E-Mail: District: 1 Category: Resides within MSTU District Wednt!Sday, April 13, 2(J()5 Pagel of 2 10/01/09 4 Years 1 % 1/93 10/01/05 -2 Years 4 Years V" 10/1/06 4 Years 1 % 1/05 2.9Years ~ 10/01102 10/01/06 1.5 Years 4 Years Agenda Item No. 90 September 13, 2005 Page 6 of 12 Lely Golf Estates Beautification Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was crealed by Ord. No. 87-69 to prepare and recommend an itemized budget for the LeIy Golf Est&tes Beauttftcation Municipal Service Taxing Unit and aids and assists the Board fA County Commissioners in carrying out the services of the taxing unit. Members must reside within the boundaries of the municipaleervice taxing U'lit Terms are 4 years. FL STAT 125.01 Staff: ti~ DoLVVlJ, Transportation Operations Coordinator: 4'11-6001 1~5i~ S;J{~'Y ;2,3-S'BC(i) ....... WtN/nestltq, April 13, 2005 Ptzge 2 of2 Agenda Item No. 90 September 13, 2005 Page 7 of 12 MEMORANDUM RECEIVED AUG 2 4 2005 Board of County Commissioners DATE: August 22,2005 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissio RE: Voter Registration - Advisory Board Appointments The Board of County Conunissioners will soon consider the following individuals for appointment to one of the coUI1tYs advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LEL Y GOLF ESTATES BEAUTIFICATION ADV COMM COMMISSION DISTRICT Anthony J. Branco 147 Pebble Beach Circle Naples, FL 34113 ?~. / Robert C. Cole 301 Forest Hills Boulevard Naples, FL 34113 ~ .. ! Beverly Bennett 315 St. Andrews, D-5 Naples, FL 34113 r C' .~ P.--..", : :'l \~-:-.;> '..:..-"' ;: !'~, ;.- '~~ -" ~'-:-. :~... ,- (,-"") / .. ,," ". :=.' .-..~ :,j w ,~-; ~ Thank you for your help. C")rr, ?~k ::;(::, SZ Ui w C'. C:J MEMORANDUM Agenda Item No. 90 September 13, 2005 Page 8 of 12 DATE: August 22, 2005 FROM: Sue Filson, Executive r Board of County Conunissioners ~ TO: Tessie Sillery, Transportation 0 RE: Lely Golf Estates Beautification Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Anthony J. Branco 147 Pebble Beach Circle Naples, FL 34113 Robert C. Cole 301 Forest Hills Boulevard Naples, FL 34113 Beverly Bennett 315 St. Andrews, 0-5 Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Page 1 of2 Agenda Item No. 9D September 13, 2005 Page 9 of 12 filson s .m:- advisoryboards@colHergov.net Sent: Tuesday, August 16, 2005 9:39 PM To: fi Iso n_s Subject: New On-line Advisory Board Application Submitted. CO .].9 .. ...-nll H" l.. f"~i HI,\' Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 :~. I.-t~.~\I.:; ". 7 .' .. . .~ .~ " . ~f ..: ~ / August 16, 2005 Application for Advisory Committees I Boards Name: Anthony J Branco Home Phone: 239-793-4364 Home Address: 147 Pebble Beach Cir . City: Naples Zip Code: 34113 Fax Number: 239-793-8446 Business Phone: No information provided. Email Address:tjbvista@earthlink.net Place of Employment: No information provided. How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Lely Golf Estates Beautification Advisory Committee Category: (if applicable) No information provided. e Do you currently hold public office? No 8/22/2005 Page 2 of2 Agenda Item No. 90 September 13, 2005 Page 1 0 of 12 ~ 00 you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: Lely Golf Estates Beautification Advisory Committee Please list your community activities: Lely Civic Assn. Lely Golf Estates Beautification Advisory Committee, Entrance Signage committee Education: Bachelors Degree, Computer Science & Ecomomics Experience I Background: 2yrs. experience, Lely Golf Estates Beautification Advisory Committee -) ~ 8/22/2005 . . - RECEIVED AUG 0 5 2005 Agenda Item No. 9D September 13, 2005 Page 11 of 12 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards eo 13 f3~J C-, G I-e.... Home Address: ::> () ( Fd \(.. ~i> r HI L-\...<:;" 0 1.. v 1) Name: Home Phone: 2-3 q - 7"1'-1 -'1 '3 l () Zip Code: ~llh Fax No. Business Phone: e-mail address: -' '--""'" Place of Employeement: J? f5- 'III'Ll!!::... 0 Board or Committee Applied for: L-./E '-7 ~() ~P f1E../S itJ-T~5 ~f'kJ 77,FC,J9nU(y Q.P0h:''''7. CIu-?;.H I/T~ Category (if applicable): tA- '1' (#.~CJrI Example: Commission District, Developer, environmenta(ist, lay person, etc. How long have you lived in Collier County: Years ""2 "3 Months Are you a registered voter in Collier County: Yes ~ No Do you currently hold public office? Yes If so, what is that office? No I.J.... Have you ever been convicted of any offense against the Law? If yes, explain: No .,z Yes Do you now serve, or have you ever served, on aeollier County board or committee? Yes )Z No If yes, please list the committeesfboards: I..;;:. L 1 lr)r..t=- tssr.+r7!5S A- r:Jcll~4..y 13R'4--t/rrr/C/Z-t-;(I,' IA W1t'J1..1 T/C.e.... Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: 1-iS..r:.,."t C,t//C-.#.bSI/",. ;;;:".4:;;'rPI4-j/hrC c:.lcJ/?- Jfs::sN J11.iS. fA. Go S ('", If U,).f-.e P A.-C ~ ~ "2- 7' 614J2.... s: ..... Education: tf!,~!'-9r I~ft(, i CCL-<.~c Experience: d ~ Ou...J (6~~ .. ?~ ).DJ;:Nr-I.....E-~ r Ctc...'1< ~"" ~~ 14- l -j ~ #,{---4 ('! ~ 06".Ik/17 c: /c /If- tzAtII a I?'\ m r ,- r Co--e Ple(I!Je lJJtach any additional inform/lJion you feel pertinent. This application should be forwarded to Sue Filson, Executive Ma1Ulger to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112 If you wish, please fax your applic/lJion to (139) 774-3601 or e-mail tosuefi!son(ii!coUierJlov.net. Thank you for volunteering to serve the citizens of Collier County. Agen~~o. 9D Sept , 3, 2005 RECEIVED p. 12 of 12 Board of County CommissioDAD6 1 9 2005 3301 East Tamiami Trail A..;. , Naples, F'L34112 BoardOfCQunlYf(O ~'='Llh (239) 774-8097 _"\ '. ":' ~' Fax: (239) 774-3602 ... ::. ", _ _ ~ ), '. . _:;1 , ;>f d .. Application for Advisory Committees/Boards Name: 13~\) ERLV 73€N N€TT HomePhone: 77~-cf~39 Hom. Add...." :i ( 5. ~t': ;j (V b 128\13 7J -~ Zip Cod" 3 cj f 13 ELt... Fax No. B..~;.__~ Phone: Lf (j '-f -~ Cf 3 I e-mail address: Business: ]( E7 r R f'. b Board or Committee Applied for: L EL \/ ADVI&od.y Category (if applicable): Example: Commission District, Developer, euviroDmen.list, IIY penon, etc. CO LF- ES l' A rEs. tJEA 1)71 {:.(~A IraN C!. 0 It1 1'\1, / r~ ~ {ify rp(2~ov Are you a registered voter in Collier County: Yes ><:. No > Do you currently hold public office? Yes If so, what is that office! No Jc' Do you now serve, or laave you ever served, on a Collier County board or committee? Yes If yes, please list the committeeslboards: No X Pi.... II.. you.. .ommuolty ..<Mil" {,M, club~ nelgbbo..."" .....,.....'1. .nd '"0'/1 beld: ~~1~~:~~;?i~~ ~r;tm^1~~V^ ~L_ S .oNM. Education: J.~ "-f- A a.... S Experience: 1=5 u -9 ( AI E. S S. (") WJV~R.. 7ZStA'-fD1Z-\ 1 :;) Please altDCh /lilY addiliOlUll infomulliun YOfI feel pertinent. This IIpplication should be forwtU'detJ to Sue Filson, Exeauillf! MIUIIIJfU to the BotIl'd of County Commissioners, 330J East TtunUutri Trail, Naples, FL 34112. lfyou wish,p/eflSefaxyourllpp/iadion to (139)774-3601 or e-moiJ to suefdsoniJi;colJieT1!ov.net. ThIUlkYOflfor volunteering to serve the citizens ofCollkr County. .- Agenda Item No. 9E September 13, 2005 Page 1 of 30 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE EMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE OBJECTIVE: To appoint 3 members and confirm 6 members to serve 3 year terms, expiring on August 31, 2008, to the Emergency Medical Services Advisory Council. CONSIDERATIONS: The Emergency Medical Services Advisory Council had 3 terms expire on August 31, 2005, representing Commission Districts 1, 2, and 5. Additionally, the terms for members representing Naples Community Hospital, Sheriff's Department, Health Department, City of Naples, Marco Island Police and Emergency Services and Collier County Fire Rescue/EMS will expire on August 31,2005. This 14 member council advises the Board of County Commissioners on all aspects of emergency medical services, including the operational budget, level of service and equipment. Terms are 3 years. A list of the current membership is included in the backup. The terms for Denver Stone (Comm Dist 2), Fay R. Biles (Comm Dist 1), and Debra Wright (Comm Dist 5) expired on August 31,2005. A resignation was received from Robert D. Laird (At Large). A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY ~ ELECTOR ADV. COMM. Richard Schmidt Commission District 5 Yes PVAC Gregory Pacter Commission District 3 Yes None Denver Stone - re-appt Commission District 2 Yes EMSAC John Cassio Commission District 1 Yes None David G. Bush At-Large 3 Yes None COMMITTEE RECOMMENDATION: John Cassio - Commission District 1 Richard Schmidt - Commission District 5 David Bush - At Large CONFIRMATIONS: Naples Community Hospital: Sheriff's Department: Health Department: City of Naples: Marco Island Police & EMS: Collier County Fire Rescue: Gail Do Ian - re-appt Captain Al Beatty - re-appt. Judith Nuland - re-appt. James T. McEvoy, Fire Chief - re-appt. Michael D. Murphy - re-appt. Assistant Chief Rob Potteiger - re-appt. NOTE: Mr. Denver Stone has applied for re-appointment representing Commission District 2; however, since September 2004 he has only attended one meeting in September 2004. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE ,,-..., Agenda Item No. 9E September 13, 2005 Page 2 of 30 RECOMMENDA TION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members, confirm 6 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 13, 2005 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9E Agenda Item No. 9E September 13, 2005 Page 3 Df 30 Appointment of memnefG to Ihe Emergency Medical Services Advisory Committee. 9,'13(20059:00:00AM Prepared 8y Date Sue Filson Board of County Commissioners El(ecutive Manager to the BCe Bce Offjc~ 8/18120054:02:04 PM 0... A pprllved By James V. Mudd BO<Ird of County Commissioners County Manager County Manager's Office 912120054:24 PM aUf" 01 &netg1nC)' S<<We ~n BES :::n ''1 ", ~ "" .,1, I', " ~ .Jeff Page Chief EMS FIRE ..~ Paul Wilson-~' auef- Ocbopee.? Fire Control " Rick Z~'Volos Coordinator CE~L FPEM Agenda Item No. 9E September 13, 2005 Page 4 of 30 COLLIER COUNTY BUREAU OF EMERGENCY SERVICES :nol East Tamiaul1 Trail . Naples. Flonda J4112 . 2J9-774-8000 . FAX 2.'19-775-5008 To: Sue Filson, Executive Manager BCC From: Barbara Brown, Administrative Assistant Date: August 24, 2005 Ref: EMSAC Today at the Collier County Emergency Medical Services Advisory Council (EMSAC) meeting the membership approved the following open positions. John Cassio - Commission District 1 Richard Schmidt - Commission District 5 There were two applicants for District 3 David Bush and Gregory Pacter. There were no openings in District 3. The Council voted to approve Mr. David Bush for the At Large position that had been vacated by Bob Laird. All candidates were qualified as applicants. The Council felt there was a conflict of interest with Mr. Pacter. He is employed as a firefighter in Marco Island and Marco has Fire Chief Michael Murphy as a representative on the Council. Mr. Denver Stone has applied for a re-appointment to his position as the representative of District 2, however since September of 2004, Mr. Stone has only been in attendance for that one September meeting. It would behoove the Commission to not accept Mr. Stone's re-appointment due to lack of participation. Agenda Item No. 9E September 13, 2005 Page 5 of 30 ?-I.~' Emergency Medical Services Advisory Council I Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Denver Stone 09/10/03 08/31/05 2 Years / 6360 Pelican Bay Blvd., PH 5C 254-8738 Naples, FL 34108 E-Mail: District: 2 Category: Commission District Dr. Fay R. Biles 09/17/96 08/31/99 3 Years ./ 1588 Heights Court 394-3089 09/24/02 8/31/05 3 Years Marco Island, FL 34145 E-Mail: District: 1 Category: Commission District Ms. Heather Rockcast1e 1011 0/00 08/31/03 3 Years 342 Pinehurst Circle 417-1192 09/10/03 08/31/06 3 Years Naples, FL 34113 E-Mail: District: 1 Category: At-Large Mr. Robert D. Laird J 11/01194 08/31/97 3 Years 1765 Courtyard Way, 205-Ce ../ 793-0933 09/10/03 8/31/06 3 Years Naples, FL 34112 (e 9 :J '(\ /J> E-Mail: 15 ' ~v\ District: 1 Category: At-Large Mr. John Dowd 09/24/02 08/31/04 2 Years 2999 Gardens Boulevard 261-4217 09/21/04 08/31/07 3 Years Naples, FL 34105 E-Mail: District: 4 Category: Commission District -:(-- Thursday, September 30, 2(](}4 Page 1014 Agenda Item No, 9E September 13, 2005 Page 6 of 30 ,----.. Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Michael C. Bridges 335-1665 09/10/03 08/31/06 3 Years 221 Silverado Drive 455-1134 Naples, FL 34119 E-Mail: District: 3 Category: Commission District Ms. Debra Wright 262-6400 09/10/03 08/31/05 2 Years / 920 10th Street, S.E. 353-1381 Naples, FL 34117 E-Mail: District: 5 OIJegory: Commission District Ms. Gail Dolan 262-3131 01/13/98 08/31/99 2 Years / P.O. Box 413029 09/24/02 08/31/05 3 Years ....--. Naples, FL 34101 E-Mail: District: Category: Naples Community Hospital Captain Albert Beatty 774-4434 09/10/03 08/31/05 2 Years ~' 3301 E. Tamiami Trail Naples, FL 34112 E-Mail: District: Category: Sheriffs Department Ms. Judith Nuland n4-8200 09121/04 08/31/05 1 Year / 3301 E. Tamiami Trail Naples, FL 34112 E-Mail: District: Category: Health Department "-' . ,. Thursday, September 3(J. 2004 Page2of4 Agenda Item No. 9E September 13, 2005 Page 7 of 30 --'. Emergency Medical SelVices Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Fire Chief Jim McEvoy 434-4610 09/24/02 08131/05 3 Years / 735 Eighth Street, South Naples, FL 34102 E-Mail: District: Category: City of Naples Dr. Joel Moll 348-4000 09/1 0/03 08/31/06 3 Years 6101 Pine Ridge Road Naples, FL 34119 E-Mail: District: Category: Cleveland Clinic Dr. Robert Tober 262-3131 P.O. Box 413029 Naples, FL 34101 E-Mail: District: Category: Ex-Officio Member Chief Michael Murphy 389-5040 11/05102 08/31/05 3 Years V 1280 San Marco Road Marco Island, FL 34145 E-Mail: District: I Category: Marco Island Police and Emergency Services Chief Ro b Potteiger 213-4900 11/05/02 08/31/05 3 Years /" 4798 Davis Boulevard Naples, FL 34104 E-Mail: District: Category: Collier County Fire RescuelEMS ~- Thursday, September 30, 2004 Page3of4 Agenda Item No. 9E September 13, 2005 Page 8 of 30 Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 12 member committee was created by Ord. No. 80-80 to advise the Board of County Commissioners on all aspects of emergency medical services in Collier County, including the operational budget. level c:I service and equipment This committee also reviews complaints and problems and recommends corrective action. Terms are 3 years. Ord Amended on 10/10100 to add a representative from Cleveland Clinic (Ord. 2000-70) Amended by Ord. No. 2002-39 to increase membership from 12 to 14 to include City of Naples Fire RescuelEMS and Collier County Fire Chiefs Association. and to reduce ex-officio members from 3 to 1 FL STAT .----- Staff: Jeff Page, Emergency Medical Services Director: 774-8459 -T- Thursday, September 30, ZOO4 Pagl!4of4 Agenda Item No. 9E September 13, 2005 Page 9 of 30 City of Marco ][sland June 15, 2005 Collier County Emergency Services 3301 E. Tamiami Trail, Building H Naples, FL 34103 Attention Barbara Brown Re: Participation on EMSAC Dear Barbara: This letter is to confirm that Michael D. Murphy will be continue to represent the City of Marco Island on the Emergency Medical Services Advisory Committee for another 3 year term. ' Sincerely, ,4. . A '/}(; ~ 'A W-:I~I' M (, p/.J<J~~ . I lam oss City Manager Received JUN 2 0 2005 EMS Dept. RECEtVED JUN 2 4 2005 Board of County Commissioners 50 Bald Eagle Drive, Marco Island, Florida 3~1~5 (239) 389-5000 FAX (239) 389~~359 ;. Colllii~r COll1lIl1llCY fire Chiefs'7 AssotCimtn(Q)lITl Big Corkscrew Island Golden Gate Ochopee City of Marco Island Immokalee Collier E.M City of Naples Isles of Capri eollier EMS East Naples North Naples Florida D.O.F July 21. 2005 Sue Filson Board of County Commissioners 3301 East Tamiami Trail Naples. FL. 34112. Ms. Filson: On behalf ofthe Collier County Fire Chiefs Association, I would like to inform you that Assistant Chief Potteiger (ENFD) has been selected to represent the CCFCA on the EMSAC committee. If you have any questions or need any additional information, please do not hesitate to contact me. Thank you, Rita M. Greenberg. Chief BCIFR President Collier County Fire Chiefs Association 08/24/2005 16:51 977544549 EII'5 PAGE 01 Agenda Item No. 9E September 13, 2005 Page 11 of 30 Joh" O. Agwunobi, M.D., M.B.A. Secretary . Jeb Bush Govemor August 23, 2005 Board of Collier County Cormnissionct$ 3301 E. Tarniami Tr. Naples, FL 34112 RE: Emergency Medical Services Advi..~ Council To Whom It May Concern: The Health Department maintains a representative on the Emergency Medical Services AdviSOty Council. We are requesting the continuation of appointment of Judith NuJand as the Health Department repretentati\fe to the Emergency Medieal Services Advisory Council (EMSAC) council. . The Health Department supports the mission of this group as it advises the Commissioners about matters related to Emergeocy Medical Services. We believe that it is i.mportant to have varied perspectives when nWdng decisions that will affect lID entire county population. We have appreciated the opportunity to be advised and make recommendations repnting issues related to public health. concerns. By copy of thfllleuer. please continue Judith (Judy) NuJand as the Health Depllrtrncnt Representative. Iy, '-~'~f~:W ~ M. Colfer, M.D., Director ( cjJ icr County Health Department =- :mms ~ ~~ ~jo.S Joan M. Colfer, M.D.. M.P.H., Dlf8CtoT 3301 T.mlami Trail E · Bldg. Ii Naples, Florida · 34112....961 Telephone (239) 174-8200 ~CoIfIer = Oep8rtment c....,..c-a,.,."...Prr&w T..~"Ill...c_ MillIng Addl'U#: Poel omce Boll 429 . Napl.., FIoride. 34106-0429 ~btriff SHERIFF DON HUNTER. COLLIER COUNTY Agenda Ite~ Septembe~ Page 12 of 30 Received 3301 Tamiami Trail East, Bldg - J, Naples, FL 34112-4902 (239) 774-4434 www.colliersheriff.org AOG 3 n _I'm., EMS Dept. August 26, 2005 RECEi\lED Sf? 0 1 ~'!j~/) Jeff Page, Chief Emergency Medical Services Collier County Government Complex, Bldg. H 3301 TanrimniTr.rilEast Naples, Florida 34112 Goard of Coun~1 COffii11isSl'On'2r:; RE: CCSO Representative - Emergency Medical Services Advisory Council (EMSAC) Dear Chief Page, As you know, Captain AI Beatty is the Communications Captain for the Collier County Sheriffs Office and has been our official representative on the Emergency Medical Services Advisory Council (EMSAC) since June of2003. Please accept this letter as official notice that Captain Beatty will remain our representative to this council. Respectfully, ~~m~f Administration CCSO "The duty of the eollier eounty Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." e9/62/2BB5 eS:22 977544549 EMS PAGE el2 .~enda Item No. 9E OO124t2(l5 13:01 fi~t~~tooJ2005 Page 13 of 30 From: ..... Ca"'pus .SO 5tft"'" JtrIIl!t N. Not. n "102 (2)9) .'6-5000 NCH lIort1! Call_ C-pus 1t1l1lJ ~ Ioullwnl ...... I'l. Mllll rut) ".t-'lOOO ..;;~"'~ --..... .. Healthaue System August 23, 2005 Sent Va FacsimDc Sue Filson Board of County Commissioners 3301 E. Tamiami Trail Naples. PL 34120 Dear Ms. Filson: Please be advised that Gail Dolan will contioue 10 repl~t the NCH Healthcare System OD the Emergency Medical Service Advisory Council fOr the term beginning September J, 2005 and continui1'Jg for three years. If yo a have any questions, please feel tree to contact ~ Sincerely, Edward A. Morton ChiefExec:utive Offic:cr EAM:m1s -.Nt"",'..". Sep 02 05 01:37p emer~enc~ services 941-213-4907 p.2 Agenda Item No. 9E September 13, 2005 Page 14 of 30 m" ~ sf ~ ~ -- ~ :: 0:.:' ~ .., - ,., 't, t' ~~~ Police & Emergency Services Depanment 355 Riverside Circle, Naples, Rorida 34102-5882 09/02/2005 Board of County Commissioners 3301 East Tamiami Trail Naples, Fl 34112 To Whom It May Concern: It is with pleasure that I wish to infonn you that I will be serving another term on the EMSAC committee. Agenda Item No. 9E September 13, 2005 Page 15 of 30 MEMORANDUM DATE: August 22, 2005 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. EM SAC COMMISSION DISTRICT John Cassio 1529 Buccaneer Ct. Marco Island, FL 34145 ~ David G. Bush 4010 Trinidad Way ~ Naples, FL 34119 / 3 Thank you for your help. Agenda Item No. 9E September 13, 2005 Page 16 of 30 MEMORANDUM RECEIVED AUG 0 2 2005 Board of County Commissioners DATE: July 29, 2005 Elections Office J Sue Filson, Executive Manag I") Board of County Commission TO: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the conunission district in which each applicant resides. EMSAC COMMISSION DISTRICT Richard Schmidt 2786 Orange Grove Trail Naples, FL 34120 :3 Thank you for your help. MEMORANDUM Agenda Item No. 9E September 13, 2005 Page 17 of 30 TO: Elections Office \ ReceIVED JUt 1 3 200S Baerd of County Cornml 1Ikln8l')t DATE: July 11, 2005 FROM: Sue Filson, Executive Board of County Commission RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. EMSAC COMMISSION DISTRICT Gregory Pacter 5941 Almaden Drive Naples, FL 34119 3 Denver Stone 6360 Pelcan Bay Boulevard Hyde Park, P.H. 5C Naples, FL 34108 di Thank you for your help. MEMORANDUM Agenda Item No. 9E September 13, 2005 Page 18 of 30 DATE: July 29, 2005 TO: Jeff Page, EMS Director FROM: Sue Filson, Executive er Board of County Commissio ~ RE: EMSAC As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Richard Schmidt 2786 Orange Grove Trail Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive sununary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Page 1 of2 Agenda Item No. 9E September 13, 2005 Page 19 of 30 'Ison 5 .m:- advisoryboards@colfiergov.net Sent: Wednesday, July 13.200510:00 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~K~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 fax: (239) 774-3602 ,l... t];l\' ~~ .~.. " ,~ . ':.-7 ", 'I! . . ." .. ' ~ '~.. . :f ." 1 / July 13, 2005 Application for Advisory Committees I Boards Name: Richard Schmidt Home Phone: 239-354-3490 Home Address: 2786 Orange Grove Trail ~ City: Naples Zip Code: 34120 Fax Number: No information provided. Business Phone: No information provided, Email Address:rschmidt1956@earthlink.net Place of Employment: Retired How long have you lived in Collier County? 1-2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Emergency Medical Services Advisory Council Category: (if applicable) Commission District 5 -, Do you currently hold public office? No 7/13/2005 . -- - 7/13/2005 Page 2 of: Agenda Item No. 9E September 13, 2005 Page 20 of 30 Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Fin Accountability Committee, Grand Parkway Bapt. Church, Houston, TX Institute of Mgt Accountants, Houston Chapter, Houston, TX (R. McDonald House Sponsor) American Council of Higher Ed, Military Ed Eva' Team, Washington, DC Institute of Mgt Accountants, Board of Dir, Hampton Rds Chapter, VA CDR(Ret), Engineering Officer, USNR Education: PhD, Bus Admin, Santa Clara University MBA, University of Utah BS Chern Eng, University of Utah Experience I Background: Econ Eval Eng, Dow Chemical Co. Mkt Develop Mgr, Kaiser Alum. & Chern. Co. Dir of Fin and Admin, ARC Professor of Accounting, 8 universities Dean, School of Business, 4 universities ".'>'''''.''''''-'"'""_","'''''''''''','''''I'''h',_''''''"....)".,',~"''''''''"".....''''"'"""1;,,,,",,,..,,., MEMORANDUM Agenda Item No. 9E September 13, 2005 Page 21 of 30 DATE: July 11, 2005 TO: Jeff Page, EMS Director FROM: Sue Filson, Executive Manager Board of County Commissioners RE: EMSAC As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Gregory Pacter 5941 Ahnaden Drive Naples, FL 34119 Denver Stone 6360 Pelcan Bay Boulevard Hyde Park, P .H. SC Naples, FL 34108 Please let me know, in writing, the recommendation for appointment ofthe advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Plea$~ ~ategorize the applicants in areas or expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Page 1 of3 Agenda Item No. 9E September 13, 2005 Page 22 of 30 filson s .m:- advisoryboards@colliergov.net Sent: Tuesday, June 21, 2005 9:56 PM To: fi Iso n_s Subject: New On-Une Advisory Board Application Submitted. or;1 :3 ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 <<l-t~~.~ ", ."r.. # .'J . ~ ./":7' .:..f~ June 21, 2005 Application for Advisory Committees I Boards Name: Gregory Pacter Home Phone: 239-732-0045 Home Address: 5941 Almaden Dr. - City: Naples Zip Code: 34119 Fax Number: 239-732-0045 Business Phone: 239-253-0142 Email Address:glpac@aol.com Place of Employment: City of Marco Island How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Emergency Medical Service Advisory Council Category: (if applicable) No information provided. . Do you currently hold public office? No 6/22/2005 ., ) ~ 6/22/2005 Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: President - Sonoma Lake Home Owners Association - Vineyards (2005) Board Member - Sonoma Lake Home Owners Association - Vineyards (2002-Present) Soccer Coach YMCA Marco Island (1996-1998) Education: FLORIDA GULF COAST UNIVERSITY Bachelor of Science (Criminal Justice Administration) (Cum Laude) Member - Criminal Justice Society Member - Golden Key Honor Society Member American Gerontological Society (USF) Vice President BACCHUS (USF) Brother Lambda Chi Alpha EDISON COMMUNITY COLLEGE Associate of Science (Fire Science) Associate of Arts Degree (Liberal Arts) Florida State Certified Paramedic FLORIDA STATE FIRE COLLEGE State Certified Firefighter State Certified Fire Instructor III State Certified Pump Operator State Certified Fire Investigator FEDERAL EMERGENCY TRAINING CENTER Command & Control of Fire Department Operations Hazardous Materials: Operating Site Practices Arson Detection for the First Responder Fire Cause Determination Radiological Emergency Management (EMI) Integrated Emergency Management (EMI) Advanced Public Information Officer (EMI) Basic Life Support for Hazardous Materials Incidents Incident Safety Officer Incident Safety Officer (Instructor) Emergency Response to Terrorism - Basic Concepts Emergency Response to Terrorism - Basic Concepts (Instructor) Emergency Response to Terrorism- Company Officer (Instructor) Community Emergency Response Team (Instructor) FLORIDA DIVISION OF EMERGENCY MANAGEMENT TRAINING Rapid Response Team Orientation Damage Assessment Resource Management Debris Management Emergency Management Intergovernmental Cooperative Disaster Response Operations Experience I Background: City of Marco Island Fire Department Captain Paramedic Hazardous Materials Coordinator Hazardous Materials Specialist Public Safety Diver Fire Service Instructor Emergency Management Coordinator AIR TREK (AIR AMBULANCE) FLIGHT PARAMEDIC SENIOR Page 2 of 3 Agenda Item No. 9'E September 13, 2005 Page 23 of 30 Page 3 of 3 Agenda Item No. 9E September 13, 2005 Page 24 of 30 . AEROMEDICAL TRANSPORT SPECIALIST COLLIER COUNTY ENVIRONMENTAL SERVICES (COLLIER COUNTY GOVERNMENT) Pollution Control Specialist _ response I inspections -department safety committee head Safety Manager -Household Hazardous Waste Collection Center COLLIER COUNTY EMERGENCY MANAGEMENT (COLLIER COUNTY GOVERNMENT) Intern - Florida Gulf Coast University Naples Community Hospital Paramedic I Driver Edison Community College Adjunct Professor (Fire Science Division) Adirondack Ambulance Advanced-EMT e . 6/22/2005 _J ~-, .~ Agenda Item No. 9E September 13, 20~ f: ~ Board of County Commissioners Page 25 of 3E? . fj(f" 3301 East Tamiami Trail 9> ,j; Naples, FL 34112 ~! ~'\\ '.:1' RFCEIVED (239)774-8097 ^' y... Fax' (239) 774-3602 ~~ rJ} \ ;;'.1 Boa~O~:":~ ~o~~:';,".rn ~Z' ~ rt) Application for Advisory CommitteeslBoards ,:J~\9 Name: ~'V\..\J...c..."""" S' -t6 tJ e; ~ Home PhoneJ2--312-S-lf ? !f:!? 6~"'"P~~ . " 17 Home Address: Pj~J PU5"e I ~~Irb- Zip Code: ~~/J?f' Fax No. t-..J /.;:.... Business Phone: ~ e-mailaddress:~3e~..k.it Place of Employeement: f<~It-'~fiVt~(]ft~h..dJ (f-,~4~. _Board or Committee Applied_f~r: z=- fY15 .A-~ r ~~) .. - - - Category (if applicable): \Mo~ - ~ ~.~ ~~9' ~~) Example: Commission District, Developer, environmenta ist, lay person, etc. ( How long have you lived in Collier County: Years ~ Months ..s- Are you a registered voter in Collier County: Yes)( No Do you currently hold public office? Yes If so, what is that office? No "fJ Yes ~ (/~~ No ~ Please lItUIch any additional informtltion you feel pertinenL This applictlJion should be forwarded to Sue 'ilson, Executive Manager to the Board ojCounty Commissioners, 3301 EllSt Tamiomi Tn,;l, Naples, FL 34112. lfyou wish.pleasefllXyourapplictztion to (239) 774-3602 or e-mo.il to suefi{sonCQJ.cottie1'f!ov.net. Tlulnk you for volunteering to serve the citizens of Collier County. MEMORANDUM Agenda Item No. 9E September 13, 2005 Page 26 of 30 DATE: August 22, 2005 TO: Jeff Page, EMS Director FROM: Sue Filson, Executive Manag Board of County Commission RE: EMSAC As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: John Cassio 1529 Buccaneer Ct. Marco Island, FL 34145 David G. Bush 4010 Trinidad Way Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ",,,,,,,".',,,,,,,,,,,,",,,,,,,.,,..., "....'"",'.".,p...,,,,..,.. ."...,.....,.'",.",:."."'-...."",...,,,,"''",....,...,;., Page 1 of2 Agenda Item No. 9E September 13, 2005 Page 27 of 30 'son 5 '-m:- advisoryboards@colliergov.net Sent: Monday, August 08, 2005 11 :42 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 '~~~~i ~r)' August 08, 2005 Application for Advisory Committees I Boards Name: John Cassio Home Phone: 239-642-8981 Home Address: 1529 Buccaneer Ct. j City: Marco Island Zip Code: 34145 Fax Number: 239-774-2002 Business Phone: 239-253-5514 Email Address:jcassio@gladescountryclub.com Place of Employment: Glades Country Club How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Emergency Medical Services Advisory Category: (if applicable) No information provided. -, Do you currently hold public office? No 8/22/2005 ---'~'---"'-"'~'-'''''---'-"''-"''--.'-~-'''''' - Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Member of Board of Directors, Condo Association Managers of Marco Island, Member of Board of Directors Lely High School Touchdown Club, Member of Condo Owners and Managers Association, Member of Community Associations Institute, Volunteer at Marco Island Fire and Rescue. Education: Graduate Linden High School, Linden, NJ Graduate The Gray Institute of Community Association Management Notary Public Certified Pool Operators Lie, Collier County Certified Florida Professional Manager Certified CPR, First Aide, and AED, East Naples Fire and Rescue . Experience I Background: See above General Manager of the Glades Country Club, Naples, FL . 8/22/2005 Page 2 of2 Agenda Item No. 9E September 13, 2005 Page 28 of 30 Page 1 of 2 Agenda Item No. 9E September 13, 2005 Page 29 of 30 \son s .am:- advisoryboards@colliergov.net Sent: Monday, August 08, 20059:13 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 "Lt~"..1 r, . .~. , ,~ . a;; ". ' .... :.0 .:..'f~ August 08, 2005 Application for Advisory Committees I Boards Name: David G. Bush Home Phone: 239-254-1904 Home Address: 4010 Trinidad Way j City: Naples Zip Code: 34119 Fax Number: No information provided. Business Phone: No information provided. Email Address:WardLaFr68@aol.com Place of Employment: Retired How long have you lived in Collier County? 3-4 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Emergency Medical Services Advisory Council Category: (if applicable) No information provided. ...-, Do you currently hold public office? No 8/22/2005 e - e 8/22/2005 Page 2 of2 Agenda Item No. 9E September 13, 2005 Page 30 of 30 Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: I am currently a State Trooper with the Florida Highway Patrol Auxiliary. I am also currently the C.E.R.T. Team leader for the Islandwalk community. In addition I serve on the the Islandwalk Security committee. Education: I have a Bachelor's Degree in Business Management from The College of Notre Dame of Maryland where I graduated with honors. I also attended the University of Maryland where I studied Civil Engineering and The University of Baltimore evening college where I took specialty courses in Marketing. I have taken numerous courses over the years in Emergency Medical Services and Fire and Rescue work. Experience I Background: Most relavent to this position are the 32 years experience I had as a paramedic/firefighter in Baltimore County, Maryland. I was one of the original EMT instructors in the State of Maryland when this program was inicially set up. I also taught EMS as a member of the Maryland Institute of Emergency Medical Services. I am a life member of the Pikesville Volunteer Fire Company where I held positions as a paramedidfirefighter, officer,and Vice-president. I was a substitue teacher in Collier County for two years when I first moved here. I have served as a Trooper with the Florida Highway Patrol Auxiliary since 2003. As part of that training I have maintained my EMT ststus. I am a very active member of that group. "'''''''''''''~''''''';''''"'"",,''''''';,"", ""'''''"<'''''"""''''''''';''''''';'',,,,,,,,,,,,...,,,,.,, Agenda Item NO.1 OA September 13, 2005 Page 1 of 15 EXECUTfVESU~RY - Recommendation to approve an Agreement for Sale and Purchase with the District School Board of Collier County, Florida for 65 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed 52,134,500. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and the District School Board of Collier County, Florida (Seller). CONSIDERATIONS: On January 25, 2005, Agenda Item lOD, the Board approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle II _ Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Seller's parcel contains 65 acres and is located approximately one mile east of Golden Gate City and abuts the Golden Gate canal. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $2,112,500 was based upon the average of two independent, state-certified general real estate appraisers. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by Seller, the County will pay Seller $1,000 in liquidated damages. t""""" The CCLAAC approved this transaction on August 8, 2005, and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMPACT: The total cost of acquisition will not exceed $2,134,500 ($2,112,500 for the property, $12,000 for the appraisals, and approximately $10,000 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of August 8, 2005, property costs for Conservation Collier properties, including this property and those under contract, total $33,402,650. GROWTH MANAGEMENT IMP ACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002-63. ,,-- RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and ,.- ~ ..-- Agenda Item No. 10A September 13, 2005 Page 2 of 15 EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - School Board Page 2 2. Authorize the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize the processing of related vouchers and Warrants for payment; and 4. Authorize the recording of the deed and any and all necessary documents to obtain clear title to the property; and 5. Approve any necessary budget amendments. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist Real Estate Services / Facilities Management Department Agenda Item No. 10A September 13, 2005 Page 3 of 15 Conservation Collier Land Acquisition Program Project Design Report Date: August 8, 2005 Conservation Collier School Board Sec:tlon24 Location Map 1.31H....VE~ ~ ~ 0 ~ i ~ 15iH{>,\IE&N 19iHA\I1:9N 17THA\JE~ 21S"AVE.~ C6~~kr County -'-~--"-- Legend - School Board Section 24 i C I :55D 1,1':10 l N w..",\"- . . Folio NumbllM:: 61730560008, 61730440005, 61730480007,61730520006,61731600006 Ij'7'/i -.- = I 2.200 Feet Data S,uru:parc.lt. C:olll.rClu.typ,.p.~A.,r.i..... Crc"c' Iv: als I CD!!S Il!ft.'I"IIIII..tll SUYIC'n Q:\C. ...rvlltll.. e.IU.r 2 "2\ ISCAISchI2.& 1....~ Q:'.c. ...",dl... c.m.r 1112\ IleRI SCHL:U,_1.jU Oale: :1.21.04 Property Owner: School Board of Collier County Folio(s): 61730440005 (Former folio(s): 61730520006,61730480007,61731600006, 61730440005, and 61730560008) Location: Located east of Golden Gate City in Section 24, Township 26 Range 26 in Rural Fringe Neutral lands Size: Four 16-acre parcels and one I-acre parcel for a total acquired of 65 acres. Appraisal/OtTer Amount: $2,112,500 for entire 65 acres History of Proiect: Agenda Item No. 10A September 13, 2005 Page 4 of 15 Received Selected for the Approved for Purchase offer Offer Accepted application "A" category, #1 purchase by BCC made to owners priority, on the Active Acquisition List byCCLAAC 5/7/04 12/13/04 1/25/05 3/31/05 6/23/05 Purpose of Proiect: Conservation Collier PrO!!1"am Qualifications: This group of parcels fulfills program qualifications by satisfying all applicable screening criteria. It is an example of a good quality native pine flatwood plant community. Mapped soils on this parcel include 3;4 hydric slough soils (Malabar fme sands) and ':4 upland soils (Immokalee fine sands). Recharge of both the Lower Tamiami and Surficial aquifers occurs from these parcels. Public Utilities have indicated potential interest for development of a well site on this parcel and staff will be working to partner with them to achieve that. The habitat on this group of parcels is suitable for a number of listed species, including Florida panther (Felis concolor coryi)(Endangered), Florida black bear (Ursus americanus floridanus) (Threatened) and red cockaded woodpeckers (RCW) (picoides borealis) (Threatened). A recent Habitat Recovery Plan for the red cockaded woodpecker (Southern Biomes for Collier County, December 10, 2003) mapped this area as containing RCW cavity trees, noted that this area has documented RCW activity and identified this section/township/range as part of "Recovery Unit A." Specific management techniques have been recommended to maintain and protect RCW habitat. Purchase by Conservation Collier will allow this type of habitat management. Additionally, one other listed species, Gopher tortoise, (Gopherus polyphemus) was observed on site. A number of listed plant species were also observed, including two brorneliad (Tillandsia fasciculata and T. balbisiana) and two orchid species (Encyclia tampensis and Harrisella filiformis). Both ecological quality and restoration potential are high. The only restoration contemplated is removal of a minimal amount of exotic plants and management of understory vegetation to benefit RCWs. Legal and physical access currently exists on an unpaved canal easement road located along the west side of the properties, connecting with the main group of parcels via a one-acre parcel. There are plans to construct a county road along the north side of the parcels, which would require only 150' and provide better access. See the Initial Criteria Screening Report for full criteria evaluation. Proiected Manaeement Activities: Projected management activities will include removal of invasive exotic plants, management of vegetation to benefit RCWs, development of a small (less than 20 spaces) public parking lot, public rest room (under 500 square feet in size), development of an Americans with Disabilities Act (ADA) fully accessible trail and maintenance of existing trails for hiking. Item Number: Item Summary: Meeting Date: Agenda Item No_ 10A September 13, 2005 P<.ltJ€ 5 of 15 COLLIER COlINTY BOARD OF COUNTY COMMISSIONERS 10A Recomllll!lHlalion 10 ElpproIJe an AOf'Hemenl for Sale and PurchasH with Trle District ScrlOol Board of Collier County, Florida for 65 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2,134,500 _ (Joseph K Schmitt Community Development and Environmental S(,'f'VICeS Administrator) 9/12/20059:00:00 AM Senior Property Acqllisltion Specialist Dote PrcJlurcd By Cindy M. Erb Administratiye Services Facllities ManagelTM!lnt 7/12/20051:13:03 PM Envlronnrental Services Director Dote Approved B)' Wilham D. Lorenz, Jr.. P,E, Community Development & Environmental Services Environmental Services 7129120057:45 AM Alexandra J, Sulecki Senior E.nvironmenta! Specialist Date Allprond By Community Development & Em'ironmental Seryicee Environmental Services 7129/20058:42 AM FacllitlH Management Director Dote Appro\'cd By Skip Camp, CFM. Adminimrative Services Facilities Manngement 7/29/20051 :35 PM Charles E. Carringtol"l, Jr.. SRfWA ReO'll Estate Services Manager D,.. Approved By Administrative Services FacllitiC1i: Manng&ment 8/112005 9:29 AM Approved By D'" Constance A. Johnson Operations Analyst Community De....elopmcnt & Community Development & Environmental Services Enyironmental Services Admin 813120057:52 AM Appro'\'ed By D," Sandra Lea EKC!:cutivc Secretary Community Devclopl1'lent & Community Development & Environmental Services En....ironmental SarI/ices Admln 8!3IZ005 9:32 AM Appruved B)' Dote Jose-ph K, Schmitt Community Development & E.nvironmental Servico$ Community Development & EnviroTlmenta! ServicfJs Admin5trO'lt.or Community Development & Environmentnl Services- Admin B/3;2005 4:58 PM OMS Coordinator Admimstrative Assistant Oatob AI1IJrOvcd By County Managor'~ Office Office of Management & Bud~,lC1 8/4120054:25 PM Mich~l Smykow~ki Management & Budget Director Date Approved By County Manager's Office Office- of Management & Budget 615/20055:03 PM ApprlJ'\'cd BJ James V. Mudd Board of County Commissioner!> County Manager Dnte Cuunty Man.llger's Office 6fB/2005 12:33 PM CONSERVATION COLLIER Property Identification Number: 61730440005 Aaenda Item NO.1 OA September 13, 2005 Page 6 of 15 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, whose mailing address is 5775 Osceola Trail, Naples, Florida 34109, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". If. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Two Million One Hundred Twelve Thousand and Five Hundred Dollars ($2,112,500.00), (U.S. Currency) payable at time of closing. 'If. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: 1 CONSERVATION COLLIER Property Identification Number: 61730440005 Aoenda Item No.1 OA September 13, 2005 Page 7 of 15 (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Intemal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form 8 Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 2 CONSERVATION COLLIER Property Identification Number: 61730440005 Agenda Item No. 10A September 13, 2005 Page 8 of 15 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby and against. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 3 CONSERVATION COLLIER Property Identification Number: 61730440005 Agenda Item No, 10A September 13, 2005 Page 9 of 15 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2004 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon One Thousand Dollars ($1,000.00) shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and CONSERVATION COLLIER Property Identification Number: 61730440005 Aaenda Item No. 10A September 13. 2005 Page 10 of 15 Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 5 CONSERVATION COLLIER Property Identification Number: 61730440005 Agenda Item No. 10A September 13. 2005 Page 11 of 15 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.023 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 6 CONSERVATION COLLIER Property Identification Number: 61730440005 Agenda Item No. 10A September 13. 2005 Page 12 of 15 With a copy to: Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 If to Seller: Michael Kirk, Director Real Estate and Asset Management Collier County Public School District 5775 Osceola Trail Naples, FL 34109 Telephone number: 239-377-0240 Fax number: 239-377-0231 11.02 The information provided in this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses, addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to 7 CONSERVATION COLLIER Property Identification Number: 61730440005 Agenda Item NO.1 OA September 13, 2005 Page 13 of 15 which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN , Deputy Clerk 8 CONSERVATION COLLIER Property Identification Number: 61730440005 AS TO SELLER: WITNESSES: ~.a- / ~~ rst Witne sIgnature) Name: /..'trfN,E ..s-, J,qfn:!2effJ(",.s:/G1 (Print or Type) \.J,,-, ,,(i..\ '-1\ ('\1\,(-.\ )( J'~'" Second Witness (Signature) " ; Name: D~h":AL ~(.>.I,I<NGT[: (Print or type) ATTEST' and Approved as to form and legal sufficiency: 1,(L \YlJ~ Ellen T. Chadwell Assistant County Attorney Aaenda Item No, 10A September 13. 2005 Page 14 af 15 DISTRICT SCHOOL BOARD OF COLLIER COUNlY FLORIDA /) BY: /f71;/V~C~ PATRICIA)i. CARROLL, Chair tw ~ /'11Ml'> 0 1<... o Co ,~\. OS 9 CONSERVATION COLLIER Property Identification Number: 61730440005 Agenda Item NO.1 OA September 13. 2005 Page 15 of 15 EXHIBIT "A" TAX IDENTIFICATION NUMBER: 61730440005 LEGAL DESCRIPTION: ALL OF TRACTS 7, 8, 9 AND 12, AND THE NORTH 82.5 FEET OF THE SOUTH 825.0 FEET OF TRACT 10, NAPLES FARM SITES, INC., ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 34, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO AN ACCESS EASEMENT OVER, ALONG AND ACROSS THE WEST 30 FEET THEREOF. 10 /,""""""" ,,-. ,- Agenda Item NO.1 OB September 13, 2005 Page 1 of 64 EXECUTIVE SUMMARY Recommendation to adopt a Resolution authorizing the acquisition by Condemnation or purchase of non-exclusive perpetual utility, utility and access easements, and temporary construction easements for the construction of water transmission mains for the Collier Boulevard Water Main Project from Davis Boulevard south to U.S. 41, Project Numbers 70151 and 70152, at a cost not to exceed $1,659,112. OBJECTIVE: The public purpose is to obtain authorization from the Board of County Commissioners, as the Governing Body of Collier County and as "Ex-Officio" the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as "Board") to acquire by condemnation or purchase all rights and interests in real property required for the construction and maintenance of utility improvements and facilities for the Collier County Water-Sewer District's Collier Boulevard Water Main Project (hereinafter referred to as the "Project"). CONSIDERATIONS: On May 25,2004, the Board adopted the 2003 Water Master Plan Update to establish priorities for the design, acquisition, and construction of various capital improvement projects. This Project has been identified as one of the capital improvement projects required under the 2003 Water Master Plan Update. The Project involves the construction of a 36" water transmission main along the CR-951 corridor between Davis Boulevard and Rattlesnake Hammock Road and a 30" water transmission main along CR-951 from Rattlesnake Hammock Road to U.S. 41 to replace an existing 20" water transmission main and provide increased water capacity and pressure to service current and projected demand for this area and to carry treated water from the South County Regional Water Treatment Plant to proposed water storage facilities on Manatee Road. Staff has reviewed alternative locations, environmental factors, cost variables, safety, and welfare considerations as they relate to the construction of the Project and staff has determined that the most feasible location for the utility improvements for the Project is more particularly shown on Exhibit "A" of the attached Resolution. On May 24, 2005, Agenda Item 16CI0, the Board approved a resolution authorizing the acquisition by gift or purchase of the necessary rights and interest required for this Project. Thus far, staff has been unable to secure all of the required parcels through negotiations, so in order to meet the Project's acquisition completion date of April 30, 2005, permission is requested to initiate condemnation proceedings at this time. A location map is attached for reference as Exhibit "8." An overall project time line is attached as Exhibit "C." The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary. .- Agenda Item NO.1 08 September 13, 2005 Page 2 of 64 EXECUTIVE SUMMARY Resolution for Condemnation Collier Boulevard Water Mains Project Page 2 FISCAL IMPACT: Total acquisition cost is estimated at $1,659,112 and includes all easements, improvements, title commitments and policies, staff time, appraisal fees, and miscellaneous expenses associated with the acquisition by condemnation of the necessary utility easements, including attorney fees and expert witness costs incurred by the property owner which the condemning authority is required to pay under the provisions of Chapter 73, Florida Statutes. Funds are available in the Water Impact Fee Fund (411), Collier Boulevard Water Main Projects 70151 and 70152. The FY 05 budget was approved by the Board on September 23,2004. Source of funds is Water Impact Fees (411). GROWTH MANAGEMENT IMPACT: The Project is consistent with, and furthers the goals, objectives, and policies of, the Collier County Growth Management Plan. RECOMMENDATION: That the Board: I. Having reviewed alternative locations, environmental factors, cost variables, long- range planning, safety and welfare considerations as they relate to the construction of the Project, find that the most feasible location for the utility improvements for the Project is more particularly shown on Exhibit "A" of the attached Resolution; 2. Adopt the attached Resolution authorizing the acquisition by condemnation or purchase of the easement interests required to complete the Project; and 3. Authorize Chairman Coyle to execute the attached Resolution. PREPARED BY: Toni A. Mott, Manager, Property Acquisition & Sales Real Estate Services / Facilities Management Department Item Number: Item Summary: Meeting Date: Agenda 11 em i..Ju 108 September '13, 2U05 F'<lge 3 of 64 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lOB Recommendation 10 Eldopt a Resolution Cluthorll:inO the <icquisilion lJY Condflrnnfltiol1 or purchase 01 Ilon~exclusive perpetual utility utility Blld access easements. and temporary construction eaSem81lts for the construction 01 water tnmsmissiol1 mains for the Collier Boulevard Willer Main Pmjecl horn Davis Boulevard south to U_S 41 Project Numbers 70151 and 70152. .,t a cost not to exceed $1.659. I 1 2 (Jim Delany. Administrator, Public Utilities) 9"13/2005 9:00:00 AM D,le A ppruvcd 8)' Charles E. Carrington, Jr., SR/'oNA Admmistratlve Services RaIJI Estate Services Manager F.tlclllties Man.agement B18f2005 7:37 AM 0.... A pprnved By Skip C.1mp, C.F .M. Administrative Services Facilities Management Director FacilitIes Management 8/8120058;22 AM Senior Project M.mager Date A pprovcd B)I ROnllld F, Dillard, P.E. Public Utilities. Public Utilities Engineering 8/8/20059;31 AM Om. Approved B)' William D. Mullin, PE Public Utilities Principal Project Manager Public Util!tle& Engineering 8/81200511:05 AM D,le ApprO\!cd By ThonUll3 Wideli Public Utilities Operations Director Public Utilities Opera1lons 81612005 2:16 PM 0.... Approved By James W. DeLany Public Utilities Public Utltith'r$ AdmlnJstr~tor Public Utilities Administmtion 6/12/200512:43 PM 0.... Approved By OMS Coordinator County Mannger's Office Administrll1ive ASSlstlllnl Office of Manag~mlern 8. BLldget 8115{2005 7:34 AM Oat. Approved By Susan Usher COUllty Mannger's Office Senior Management/Budget Analyst Office of Man3gement 8. Budget 6117120058:30 AM Michael Smykowski Date Allllrovcd By County Man<lgcr's Offico Management & Budget Director Office of Managomont 8. Budget 8f23!2005 1:31 PM Appruved By Hoy B. Anderson. P ,E Public UtilitJes Public Utilities E.nglnl)ering Director Dl.lte Public Utilities Engineering 8/3i!2005 12~45 PM Dale ApJlro,'cd B)' Jame5 V. Mudd Board of' County Commissioners County Manager County Man./lger's Office 8/31/200512:57 PM RESOLUTION NO. 2005-_ Agenda Item NO.1 08 September 13, 2005 Page 4 of 64 RESOLUTION NO. CWS-2005- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OR PURCHASE OF NON-EXCLUSIVE, PERPETUAL UTll..ITY AND UTILITY AND ACCESS EASEMENTS A!\.'D TEMPORARY CONSTRUCTION EASEMENTS, FOR THE CONSTRUCTION OF WATER TRANSMISSION MAINS ALONG C.R. 951 (COLLIER BOULEVARD) FROM DAVIS BOULEVARD SOUTH TO U.S. 41, PROJECT NUMBERS 70151 and 70152. WHEREAS, the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, (hereinafter referred to as "Board"), on May 25, 2004, adopted the 2003 Water Master Plan Update for the County's Water Service area in order to establish priorities for the design, acquisition, and construction of the various water capital improvement projects; and WHEREAS, the Collier Boulevard Water Main Project, hereinafter referred to as "Project" is one of the water capital improvement projects required under the 2003 Water Master Plan Update for the County's Water Service area; and WHEREAS, the Board, on May 24, 2005, adopted Resolution No. 2005 -200/CWS - 2005-03, authorizing staff to acquire by gift or purchase those property rights required for the construction of the above-referenced Project; and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that the construction of the water transmission mains required for the Project is necessary and in the best interests of the general public. 1 Agenda Item No, 10B AND IT IS FURTHER RESOLVED that construction of the Project is part of ~~'s3, 2f005 ---P"iige 5 0 64 long range planning effort, and is included in the 2003 Water Master Plan Update for the County's Water Service Area, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the Project, various impacts to the environment, public safety and welfare considerations associated with the design and construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project; and the Board finds that after consideration of these issues the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "An attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "An, to wit: perpetual, non-exclusive utility and access easements and temporary construction easements. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that County staff is hereby authorized to acquire immediately by gift, purchase or condemnation in the name of the Board, in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "An attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired, This Resolution adopted on this day of , 2005, after motion, second and majority vote. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COIllER COUNTY, FLORIDA, BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: k vCL~ Ellen T. Chadwell Assistant County Attorney 2 EXHIBIT A P.--L-of~ Aaenda Item No, 10B S~m~r/13,L2005 PROJECT 7 C> r~~of64 PARCEl I, r FOLIO :2!) 'f{ 9 :;'-000/:.0/ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (1.T) LYING IN CEDAR HAMMOCK SUBDIVISION, TRACT "G-12" PLAT BOOK 32, PAGE 91; SECTION 3, TO~SHIP 50 S, RANGE 26 E COLUER COUNTY, FLORIDA 589"09'2O"E 20.00' N89'S'26"E P.O.B. 101 5.00' \ ; ~ ~ CD 8 CD z NORTH UNE CEDAR HAMMOCK &: lRACT "G-12" ~ L&.I FOUO NO.: I ;8 ~ o . 25895000601 t- og U 0 0< Z ~ ~ - . ~ CD ~ N b a; jO ~ ~ - in '" Ii <..> 101 z ::J NS9"09'2O"W 20.00' ~ a:: ~ ~ C.R.-COUNTY ROAD F.P.&:L-FlORIDA POWER &: UGHT CO. R/W - RIGHT-Of-WAY O.R. - OFFICIAl RECORDS BOOK/pAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT Of COMMENCEMENT NO.-NUMBER ~ I m - t- U <( ~ t-- UN 0<1 f!:JXl NOT VAUD WITHOUT DESCRIPilON ON SHEET 2 Of 2 PROPOSED TEMPORARY CONSTRUCTION EASEMENT ?dZL'" , ...>1:' ..,. ". .',., f.-' . , "~~L2_ _~__ ~____ tQIE; , THE PARCEL BEARING, DISTANCES, AND AREAS CAlCULA 1m ARE BASED ON A FlM SURVEY. O.flRREff TOWNs1:ND (Fa! THE FIRM LB677:5) BASIS Of BEARING: STATE PLANE COORDINATE - .P-ROFESSIONAl SUR\'Eyga AND MAPPER SYSTEM, FL.A. EAST ZONE. '8:5;90. ~~~~~SEof~ :~,#1le/.J 2005. THIS IS NOT A SURVEY . . f" '.._<-,-~':,:'JEFFREY C. COONER AND ASSOCIATES, INC. '. . , " .. ' SUR\IE)1NG AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER.COM CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIPllON: DATE: 03/09/05 SCALE: 1--10' REV: TEt.tP. CONSlRUCilON EASOAENT lRACT -G-12", CEDAR HAMMOCK: SEe. 3-50-26 PROJECT No: 030705W.A DWG No:030705WA-ESN SHEET: 1 Of 2 Agenda Item No. 10B September 13, 2005 7 D' 5a~ei'-of 64 PROJECT 7 01 ~.:<. PARCEL I. T FOl IO ;2 5" "(j <=t ~ OOe) hO/ EXHIBIT -A- Page 2..J,t..ll.. .TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (t.T) LYING IN CEDAR HAt.4t.40CK SUBDIVISION, TRACT -G-12- PLAT BOOK 32, PAGE 91: SECllON 3, TOWNSHIP 50 S, RANGE 26 E COWER COUNTY, FLORIDA DESCRIPTION OF A tEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT -G-12- OF CEDAR HAMMOCK SUBDIVISION AS RECORDED IN PlAT BOOK 32. PAGE 91: SECllON 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, flORIDA: BEGIN AT THE INTERSECllON OF THE NORTH UNE OF SAID SUBDIVISION AND THE M:STERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 951: THENCE RUN SOO'SO'4<4.-W. A DISTANCE OF 1389.26 FEET ALONG SAID M:STERL Y UNE TO THE SOUTH UNE OF SAID TRACT; THENCE RUN N34"34'OS-W, A DISTANCE OF 8.63 FEET ALONG SAID SOUTH LINE; THENCE RUN Noo'SO'4<4.-E" A DISTANCE OF 662.67 FEET: 1HENCE RUN N89'09'20 -W, A DISTANCE OF 20.00 FEET; THENCE RUN NOO'SO'4<4.-E" A DISTANCE OF 30.00 FEET; THENCE RUN S89'09'20-E" A DISTANCE OF 20.00 FEET; THENCE RUN NOO'SO'4<4.-E" A DISTANCE OF 889.43 FEET: TO THE NORlH UNE OF SAlD SUBDIVISION AND THE NORTH UNE OF SAID TRACT; THENCE RUN N89'B'26-E. A DISTANCE OF 5.00 FEET ALONG SAlD NORTH UNE TO THE POINT OF BEGINNING. CONTAINING 7530 SQUARE FEET OR 0.17 ACRES, MORE OR LESS. :T S:::~ 1W1;~T SKETCH c!c SIGNATURE THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC_ SURVEYING AND MAPPING 3900 COLONIAL Bl W., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)2n-7179 EMAlL: SURVEYlNGOCOONER.COt.t aJENT: GREElLY AND HANSEN, u.c DRA\\W BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPllON: DAlE: 03/09/05 SCALE: N/A I REV: tEMP. CONSTRUCTION EASEMENT TRACT -G-12-. CEDAR HAMMOCK: SEC. 3-50-26 PROJECT No: 030705W.A OWG NO:OJ0705WA-ESW I SHEET: 2 OF 2 EXHIBIT -1L- Page~.5..:L TEMPORARY CONSTRUCTION. EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Aaenda Item No. 10B September 13. 2005 Page 8 of 64 70 ( S-I to PROJECT 701 S-:t PARCEl .2 , ;- FOlIO ,;z~<6C;'iqq'91 ~ 'I SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (2.T) LYING IN CEDAR HAMMOCK SUBDIVISION, TRACT "B-2n PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA I P.O.C. NORTH LINE CEDAR HAMMOCK \ PROPOSED TE~PORARY ~ CONSTRUCTION EASE~ENT ~ %1- lJ' ~ :; "..... ~ <J,.. ~ 0 <9 (<' i U'".. !fl ~. '&. ~ ~~ .~. ~: C.R.-COUNTY ROAD F.P.&:L.-FLORIDA POWER &: LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO.-NUMBER 6-DELTA R-RADIUS L-LENGTH CB-CHORD BEARING C-CHORD DISTANCE .., '" N III ... N I FOLIO NO.: fD 25894999124 >- u -< 0: >- w . ... ... o !fl o o z NOT VALID WITHOUT DESCRIPTION ON SHEET 2 OF 2 PROPOSED TE~PORARY CONSTRUCTION EASE~ENT >- u -< 0: >- ~ ". co .,. ~15 ... 8 l/) 10.00' ll=36"52'10" L=32.17' R-SO.OO' CB=S1916'50"W C=31.62' ~ "- c:: ~ '~V ~~~ARCEL BEARING, DISTANCES. AND AREAS ---~---------------- CALCULATED ARE BASED ON A FIELD SURVEY. DARREN.'TOWNSEND (FOR THE FIRM LB6773) BASIS OF BEARING: STATE PLANE COORDINATE PROFESSIONAL SURVEYOR AND MAPPER SYSTEM, flA. EAST ZONE, 'B3;90. ~?SRI~~~~~S~FN~_~~61. __,2005. THIS IS NOT A SURVEY ."~r:,( ;~(..'.:. COONER & ASSOCIATES, INC. . .)r. . .,'" , ". /... SURVEYING AND MAPPING ,!.,' .<.~,e .ij ;;.':'....5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912 ......':' ;;HQblq:c, (~~)2;t7-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CLIENT: GREELEY AND HANSEN. LlC DRAWN BY: OKT CHECKED BY: JNW PARCEL DEsCRfP-TlON:--, .:: DAlE: 03/09/05 SCALE: '"-20' REV: 4-27-05 TEM P. coN$TRu C~<;?N- E~SEM~r; TRACT "B-2", Of;OAR'tlAMMOCK, .SEC~' 3'C'50-26 PROJECT No: 030705W.A DWG NO:D30705WA-ESM SHEET: 1 OF 2 - . ''':7;,.{'~,' ~1'T"'''':::''- .~,:""" ./!..'Iuuer,....":'" TEMPORARY CONSTRUCTION EASEMENT (DURA nON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Agenda Item NO.1 08 September 13, 2005 Page 9 of 64 701 ~ I 1- PROJECT '7 Of ~:t PARCEL .:<. T FOlIO .;2~~ql.f CJqq I;;J..L( EXHIBIT 1L. Page ....!:i......of ~. SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (2.T) L YlNG IN CEDAR HAMMOCK SUBDIVISION, TRACT "B-2" PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA DESCRIPTION OF A 10-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT "B-2" OF CEDAR HAMMOCK SUBDIVISION AS RECORDED IN PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF SAID SUBDIVISION AND THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE RUN SOO'50'44"W, A DISTANCE OF 1389.26 FEET ALONG SAID WESTERLY LINE TO THE NORTH LINE OF SAID TRACT AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAIO WESTERLY LINE SOO'SO'44"W, A DISTANCE OF 408.87 FEET TO THE SOUTH LINE OF SAID TRACT AND THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A DELTA ANGLE OF 36'S2'10", A RADIUS OF 50.00 FEET, A CHORD BEARING OF S1916'50"W AND A CHORD DISTANCE OF 31.62 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT AND SAID SOUTH LINE A DISTANCE OF 32.17 FEET; THENCE RUN NOO'50'44"E, A DISTANCE OF 452.93 FEET TO THE NORTH LINE OF SAID TRACT; THENCE RUN S34'34'OS"E, A DISTANCE OF 17.26 FEET AlONG SAID NORTH LINE TO THE POINT OF BEGINNING. CONTAINING 4363 SQUARE FEET OR 0.10 ACRES, MORE OR LESS. ~~TS~~~I~ lWl;O~T SKETCH & SIGNATURE THIS IS NOT A SURVEY COONER &: ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA .33912 PHONE: (2.39)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNG<OCOONER.COM CLIENT: GREELEY AND HANSEN, LLC DRAINN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 03/09/05 SCALE: N/A I REV: 4-27-05 TEMP. CONSTRUCTION EASEMENT TRACT "B-2", CEDAR HAMMOCK: SEC. 3-50-26 PROJECT No: 0::50705W.A DWO NO:030705WA-ESM I SHEET: 2 OF 2 EXHIBIT ....IL Page-5-of ..2L Agenda Itern NO.1 OB ~ 1.~005 PROJECT 78j1~~ of 64 PARCEl .3 . I FOlIO ;;2S-~9'-19990'i?S- TEMPORARY CONSTRUCTION EASEMENT (DURA TION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH .AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (S.T) L'r1NG IN CEDAR HAMUOCK SUBDIVISION, TRACT "A" PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COWER COUNTY, flORIDA NORlli UNE CEDAR HAMIotOCK P.O.e. \ ~ ;., . -: al . ~~ -8 en PROPOSED TEMPORARY CONSTRUC~ON EASEMENT ,~.;\ n " . N I lD . KEY: C.R.-COUNTY ROAD F.P.&l.-FLORIDA POWER ok UGHT CO. R/W - RIGHT-Of-WAY O.R. - OFFlClAL RECORDS BOOK/pAGE P.O.B.-POINT Of BEGINNING P.O.C.-POINT OF COMIotENCEMENT NO.-NUMBER lr-0E1.. T A R-RADIUS L-LENGlH CB-CHORD BEARING C-CHORO DISTANCE t- t) g ""36"52'10. L-32.1T R-SO.oo' CB-N19'S'SO"E C-3t.S2' 10.00' NOT VAUD Vt1lliOUT DESCRIPllON ON SHEET 2 OF 2 . < FOLIO NO.: ;.. 25894999085 ~ I!: 8 N ClI - ~ ; b to 8 en ;;; ClI Ii cJ bJ Z :J <t II:: ~ ~ lHE PARCEl. BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY. BASIS OF BEARING: STAlE PLANE COORDINAlE SYSTEM, FLA. EAST ZONE. '83/90. ""36"52'10" L-32.1 T R-SO.oo' \ C8-N1T35'23"W C-31.62' ;,../~ /' ~---~---- i>-dRD.I TOwN~f): (~ lHE FIRM LB6773) ~P.ROfESslONAL stJR~ AND IotAPPER ~. ~r'.uCENSE NctlS.6476 ~ '~rs...~ DA~..ar ~F.cf'lA.UU 2005. THIS IS NOT A SURVEY ~"'...'.,,~~ JEFFREY C" COONER AND ASSOCIATES, INC. ,. r..... ." . SURVEYING AND MAPPING 3900 COLONIAL BL \ID., SUllE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SUR\1::Y1NGOCOONER.COU CUENT: GREELEY AND HANSEN. LLC DRA~ BY: DKT CHEa<ED BY: JNW PARCEL DESCRIPl1ON: DATE: 03/09/05 SCAlE: 1"-20' REV: TEMP. CONSTRUCTION EASEMENT TRACT "A". CEDAR HAtolMOCK; SEe. 3-50-26 PRO.ECT No: 030705W.A DWG No:030705WA-ESM SHEET: 1 OF 2 . I' lD . t- t) < I!: PROPOSED TEMPORARY CONSTRUC~ON EASEMENT 10' U~UTY EASEMENT PER PLAT Agenda Item No. 10B September 13, 2005 Page 11 of 64 EXHIBIT .lL Page.le.-of.5.2- -- TEMPORARY CONSTRUCTION' EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) 70/ S-I 7' PROJECT 7 01 ~ .:t. PARCEL 3. T FOLIO ;Z5'"€9<1q990<t~ SKETCH AND DESCRIPTION OF A TEJlPORARY CONSTRUCTION EASEJlENT (3.T) LYING IN CEDAR HAMMOCK SUBDIVISION, TRACT .. A" PLAT BOOK 32, PAGE 91: SECllON 3, TOWNSHIP 50 S, RANGE 26 E COWER COUNTY, FLORIDA DESCRIPTION Of' A 10-FOOT WIDE 'TEMPORARY CONSTRUCTION EASEMENT LYING IN 'lRACT -A- Of' CEDAR HAMMOCK SUBDIVISION AS RECORDED IN PLAT BOOK 32, PAGE 91: SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCE AT THE INTERSECTION Of' THE NORTH UNE OF SAID SUBDIVISION AND THE WESTERLY RIGHT-OF-WAY UNE Of' COUNTY ROAD 951: THENCE RUN SOO"50'44-W, A DISTANCE Of' 1798.13 FEET ALONG SAID WESTERLY UNE TO THE NORTH UNE Of' SAID 'lRACT AND THE POINT Of' BEGINNING; THENCE CONTINUE ALONG SAID WESTERLY UNE SOO'SO'44"W, A DISTANCE OF 192.00 FEET TO THE SOUTH UNE Of' SAID 'lRACT AND THE BEGINNING Of' A CURVE CONCAVE SOUTHWESTERlY HAVING A DELTA ANGlE Of' 36"52'10-, A RADIUS Of' 50.00 FEET, A CHORD BEARING Of' N1T3S'23-W AND A CHORD DISTANCE Of' 31.62 FEET: THENCE ALONG THE ARC Of' SAID CURVE TO THE LEFT AND SAID SOUTH UNE A DISTANCE OF 32.17 FEET: THENCE RUN Noo"SO'44-E. A DISTANCE Of' 132.00 FEET TO THE NORTH UNE Of' SAID TRACT AND THE BEGINNING Of' A CURVE CONCAVE NORTHWESTERLY HAVING A DELTA ANGlE Of' 36"52'10-, A RADIUS OF 50.00 FEET, A CHORD BEARING OF N19'6'50.E AND A CHORD DISTANCE OF 31.62 FEET: THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT AND SAID NORTH UNE A DISTANCE OF 32.17 FEET TO THE POINT OF BEGINNING. CONTAINING 1.511 SQUARE FEET OR 0.03 ACRES, MORE OR LEss. ~T~~ r;~T SKETCH &: SlGNAllJRE THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPnON: DATE: 03/09/05 SCALE: N/A I REV: n::MP. CONS'lRUCTlON EASEMENT 'lRACT -A-, CEDAR HAMMOCK; SEC. 3-50-26 PRo.ECT No: 030705W.A DWG NO:030705WA-ESM I SHEET: 2 Of' 2 Agenda Item No.1 DB September 13, 2005 Page 12 of 64 EXHIBIT -1L Page~ 51 - TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMEJII'T OF CONSTRUCTION) 701 S-I t- PROJECT 7 Of~;t PARCEL Lf, T FOLIO ;;.~<t'i497'9loq SKETCH AND DESCRIPTION OF A TEJlPORARY CONSTRUCTION EASEJlENT (4.T) LYING IN CEDAR HAMMOCK SUBDIVISION, TRACT -B-1- PLAT BOOK 32, PAGE 91; SECllON 3, TOWNSHIP 50 S, RANGE 26 E COWER COUNTY, FLORIDA PROPOSED TEMPORARY CONSTRUCTION EASEMENT lRACT -A- in 0> 0: cJ .... z ::J ~ a:: ~ A-J6"S2'10- l-32.17' R-50.00' CS-S1 T35'23-e: c-31.62' KEY: C.R.-COlINTY ROAD F.P.&I...-FlORIOA POWER a: UGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFlClAl RECORDS BOOK/pAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO.-NUMBER A-DEL T A R-RADIUS L-lENGTH CS-CHORD BEARING C-CHORD DISTANCE 1 D' UTILITY EASEMENT '\ '" ~~ FOUO NO.: 25894999108 . I' III . ~ o <( If NOT VAlID WTHOUT DESCRlPllON ON SHEET 2 OF 2 ~~ l:l It. 20' LANDSCAPE BUFFER l"l ~ ",,"'", ern ~~ ~ 0 ~ . ; lB. g~ .8 en tiQ]f; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA lED ARE BASED ON A FlB..D SURVEY. BASIS OF BEARING: STAlE PLANE COORDINAlE SYS1Et.f, FlA. EAST ZONE, '83/90. 10.00' 10.00' N89"09'16-W lRACT -G-::i/g- J . PROPOSED TEMPORARY ~ ~ CONSlRUCllON EASEMENT N S UNE lRACT -B-1- ! P.O.B. \ .... ; b 10 o o z I P.O.C. ,.IC SOUTH UNE CEDAR HAMMOCK - !~;~~1i ;: :~...;._..:. - - ---'-- ~----- ::. ~A8~ -:roWNsl:."NQc~(FCR lHE ARM LB6773) F'RCIf'ESsrONAl ~AND MAPPER '~I,JCENSENO~.'641a . ~1~~DA~'.of ~r... YIAUU 2005. THIS IS NOT A SURVEY .......,.....JEftREy C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912 PHONE: {239}277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREElEY AND HANSEN, U.C DRAWN BY: DKT CHECKED BY: ~W PARCEl DESCR/Pl1ON: DAlE: 03/09/05 SCALE: 1--20' REV: lEMP. CONSlRUCllON EAsatENT lRACT "B-1-, CEDAR H.....MOCK; SEC. 3-50-26 PROJECT No; 030705W.A DWG No:OJ0705WA-E!iU SHEET: 1 OF 2 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Agenda Item No, 10B September 13, 2005 Page 13 of64 70/5'/ 't- PROJECT 70/ ~ .:J- PARCEL :if. r fOLIO ;;< 5"'l?9~9qc; IO't{ EXHIBIT.JL Page~-s.::L SKETCH AND DESCRIPTION OF A TEJlPORARY CONSTRUCTION EASEJlENT (4.T) L YlNG IN CEDAR HAMMOCK SUBDIVISION, lRACT .B-1. PLAT BOOK 32, PAGE 91: SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA DESCRIPTION Of A 1o-FOOT WIDE lDotPORARY CONSTRUCTION EASDoIENT LYING IN lRACT .B-1" Of CEDAR HAMMOCK SUBDIVISION AS RECORDED IN PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FlORIDA: COMMENCE AT THE INlERSECTlON Of THE SOUTH UNE Of SAID SUBDIVISION AND THE WESlERL Y RIGHT-Of-WAY UNE Of COUNTY ROAD 951; THENCE RUN NOO'5O'''"E, A DISTANCE OF 297.40 FEET ALONG SAID WESTERlY UNE TO THE SOUTH UNE OF SAID TRACT AND THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH UNE N89'09'1S"W, A DISTANCE Of 10.00 FEET; THENCE RUN N0<T50'''"E, A DISTANCE OF 520.88 FEET TO THE NORTH UNE OF SAID TRACT AND THE BEGINNING OF A CUR'v'E CONCA'v'E SOUTHWESlERLY HAVING A DELTA ANGLE OF 36"52'10", A RADIUS OF 50.00 FEET, A a-tORD BEARING OF 511'35'23"E AND A a-tORD DISTANCE OF 31.62 FEET; THENCE ALONG THE ARC OF SAID CUR'v'E TO THE RIGHT AND SAID NORTH UNE A DISTANCE OF 32.17 FEET TO SAID WESTERlY RIGHT-Of-WAY UNE; THENCE ALONG SAID WES'TERL Y UNE $00'50' ""W, A DISTANCE Of 490.88 FEET TO THE POINT Of BEGINNING. CONTAINING 5,113 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. ~T~~f 1W1~~T SKETCH "SI~ATURE lHlS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUllE 4, FORT MYERS, FLORIDA 33912 PHONE: {2J9)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, U.C DRAWN BY; DKT CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 03/09/05 SCALE: NIA REV: lDotP. CONSlRUCTlON EASEMENT lRACT "B-1", CEDAR HAMMOCK; SEC. 3-50-26 PRO.ECT No: 030705W.A DWG NO:030705WA-ESW SHEET: 2 Of 2 Aoenda Item NO.1 DB September 13. 2005 Page 14 of 64 EXHIBIT A..... Page~of~ TEMPORARY CONSTRUCTION EASEMENT (DURA TlON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) 701 ~/ i- PROJECT 7015~ PARCEL 5". T FOLIO :< s-.;(9s-000b Cf'? SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (5.T) LYING IN CEDAR HAMMOCK SUBDIVISION, TRACT -G-19- PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COWER COUNTY, FLORIDA . I CD . ... u -< f!: PROPOSED TEt.4PORARY CONSlRUCllON EASEt.4ENT N UNE lRACT -(;-19- in 0> Ii t.i .... Z ::::J ~ 0: ~ KEX: C.R.-COUNTY ROAD f.P.&L-FlORID'" PO\ER & UGHT CO. R/W - RlGHT-Of-W"'Y O.R. - omClAL RECORDS BOOK/pAGE P.O.B.-POINT Of' BEGINNING P.O.C.-POINT Of' COMMENCEMENT NO.-NUMBER 20' LANDSCAPE BUFfER EASEt.4ENT PER PLAT . I 0> I FOLIO NO.: CI . 25895000698 ... u -< ~ \oJ ~ ; ~ ~; ~ ~ ~}1 8 ('oj ('oj 8 Z (I) 10.00' S UNE CEDAR H.....MOCI< & S UNE SECl10N 3 10.01' S88'56'25-W P .O.B. I PROPOSED TEt.4PORARY CONSlRUCllON EASEt.4ENT PROPOSED TEMPORARY ______ CONSlRUCllON EASEt.4ENT DESCRiPtiON Of A 1()-fOOT WIDE 'TEMPORARY CONSlRUCtlON EASEMENT LYING IN lRACT -G-19- Of CEDAR H.....MOCI< SUBDIVISION AS RECORDED IN PLAT BOOK 32. PAGE 91; SECtiON 3, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COWER COUNTY, flORIDA: BEGIN AT niE INlERSECtlON Of niE SOUTH UNE Of SAID SUBDIVISION AND THE WESTERLY RIGHT-Of-WAY UNE Of COUNTY ROAD 951; niENCE RUN S81fS6'25-W, A DISTANCE Of 10.01 fEET AlONG SAID SOUni UNf, SAID UNE ALSO BBNG niE SOUni UNE Of SAID SECTION 3; niENCE RUN NOO"50' 44-[, A DISTANCE Of 297.73 fEET TO THE NORTH UNE Of' SAID lR...CT; niENCE ALONG SAID NORni UNE 589'09'16-[, A DISTANCE Of 10.00 fEET TO SAID WESTERlY RIGHT-Of-WAY UNE; niENCE AlONG SAID WESlERLY UHE SOO"50'44-W, A DISTANCE Of 297.40 fEET TO niE POINT Of BEGINNING. CONTAINING 2.976 SQUARE fEET OR 0.07 "'CRES, MORE OR LEss. .'1' I. d~: I ,;~~~..~. / ,-1.~~----- - ~MREN~.TOWNSfND' {FiOR "tHE FlRM LBSn3) ! :!i>RDF6SIONAL SlJR~ AND U"'PPER .ORI~CENst ~,: t!; .P.t1lc lHIS.}..~ D"'Y Of.:': . . - . U. 2005. wnE: niE PARCEl BEARING, DISTANCES, AND "'REAS CALCULATED ARE BASED ON A FlELD SURVEY. BASIS Of BEARING: STATE PlANE COORDINATE SYSTEtot, Fl.A. EAST ZONE, '83/"90. lHlS IS NOT A SURVEY EY C. COONER AND ASSOCI A TES, INC. SURVEYING AND MAPPING 3900 COLONiAl BL'v'O., SUITE 4, fORT MYERS, flORIDA 33912 PHONE: (239)277-0722 fAX: (239)2n-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LlC DRAWN BY: OKT CHECKED BY: ....W PARCEL DESCRlpnON: DATE: OJ/09/05 SCALE: '--20' TEMP. CONSTRUCTION EAsatENT lR...CT -G-19-. CEDAR H.......OCK; SEC. 3-50-26 PRo.ECT No: 030705W.A REV: OWG No:OJ0705WA-ESM SHEET: 1 OF 1 EXHIBIT A.. Page-KLof~ Agenda Item No. lOB September 13, 2005 7 J;a~el ~ of 64 PROJECT 70/5;:1. PARCEL ~ . T FOlIO 6/)?~ooo7~:2 ~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (B.T) lYING IN TRACT RW3. NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE A SUBDIVISION PER PLAT BOOK 26, PAGE 73 SECTION 10. TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA PROPOSED TEMPORARY CONSTRUCTION EASEME~ N88'56'25"E N LINE NAPLES HERITAGE 12.00' c!c N LINE SECTION 10 P.O.B. ;" ~~ Ol U l- U <( PROPOSED TEMPORARY /:!: CONSTRUCTION EASEMENT ----- ~ ~ ~ ~. ~ b~~~iil 1O~/:!:~8 8 III Z /. 12.00' KEY: C.R.-COUNTY ROAD C.C.C.B.E.-COLLlER COUNTY CONSERVATION BUFFER EASEMENT F.P.c!cL.-FLORIDA POWER c!c LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.D.B.-POINT OF BEGINNING P.D.C.-POINT OF COMMENCEMENT ND.-NUMBER - - - 10' C.C.C.B.E. iO PER PLAT ~ Ol ~ ~\ Ii (,) ~ I w l- Ol . Z U ~ 0 ::; c( . 0 /:!: CD . ~ 1O N CD ~ ~ a:: ~ FOLIO NO.: 61850007328 DESCRIPTION OF A 12-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT RW3 OF NAPLES HERITAGE GOLF AND COUNTRY CLUB PHASE ONE AS RECORDED IN PLAT BOOK 26, PAGE 73; SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA: BEGIN AT THE INTERSECTION OF THE NORTH LINE OF SAID SUBDIVISION AND THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951 SOO"50'44"W. A DISTANCE OF 49.96 FEET; THENCE RUN S88"56"9"W. A DISTANCE OF 12.00 FEET TO THE WEST LINE OF SAID TRACT; THENCE RUN ALONG SAID WEST LINE NOO'50'44"E, A DISTANCE OF 49.96 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE RUN ALONG SAID NORTH LINE N88"56'2S"E. A DISTANCE OF 12.00 FEET TO SAID WESTERLY LINE AND THE POINT OF BEGINNING. CONTAINING 598 SQUARE FEET OR 0.01 ACRES. MORE OR LESS. 7X2J --~~~--------------- DARREN TOWNSEND (FOR THE FIRM LB6773) PROFESSIONAL SURVEYOR AND t.1APPER FLORIDA UCENSE NO. LS 6:476 THIS ''l:1_:~ DAY OF _...:H,&IJr..---, 2005. THIS IS NOT A SURVEY r,1~;~~(,:;" ".COONER & ASSOCIATES, INC. oCrr: .' " . SURVEYING AND MAPPING J:' : 1:. 567&.Z1P DRIVE. FORT MYERS, FLORIDA 33912 PHONE: (239)277-6722 FAX: (239)277-7179 EMAll: SURVEYlNGOCOONER.COM CLIENT: GREElE'( ':ANDHANS(I!(,-LLC.: . DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRlp;jlO,N:""'" " .... <' DATE: 03/09/05 SCALE; 1"-20' I REV: 4-27-0S TEMP. CONSTRUC.TION, E'AIalENT"'XR'.1.CT RW3, NAPLES HERI1~'Gt1 '~_'J~"'5.o.-26 PROJECT No: 03070SW.A OWG No:030705WA-ESM J SHEET: 1 OF 1 ~ THE PARCEL BEARING. DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE. '63(90. /11~'c~~~ll' EXHIBIT .lL Page....1Lof ~ ___ Agenda Item r~o. 1 DB September 13. 2005 7 Page 16 of 64 01(>1 t- PROJECT 70/ ~;l. PARCEl 7. r FOLIO (,/f?~C)ot.> ~<i?:L ~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (7. T) LYING IN TRACT C9, NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE A SUBDI'v1SION PER PLAT BOOK 26, PAGE 73 SECTION 10. TOWNSHIP 50 S, RANGE 26 E COLUER COUNTY, FLORIDA N LINE NAPLES HERlT AGE & N LINE SECTION 10 N88'S6'2S"E 100.00' S88"S6'2S.W P.O.B. 12.00' NE CORNER TRACT C9 P.O.C. NE CORNER TRACT M 10 01 >-t- 0; ",Z ..,. <.... ",:I; 0.... !> 0..'" :1;< ..,. J:!.... ;0 ..,. z Ol b 00 !O ~~ 0:: 0 0..'" ti 0 o~ CIl "'''' W c..z Z - 0 ::J 0 ;I: ~ ....... ,.., Cl:: ;I: ;I: Cl:: ~ l- t.> I <( ~ I t, ~~ L w . ~ 10 b 01 l'" 0; 8 ..,. z '" t.> l- t.> <( f!: FOLIO NO.: 61850002828 N LINE TRACT M 100.00' 588"S6'19.W 10' C.C.C.B.E. PER PLAT ID: C.R.-COUNTY ROAD C.C.C.B.E.-COLUER COUNTY CONSERVATION BUFFER EASEMENT F.P.&L.-FLORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT NO.-NUMBER ::E l- t.> <( Cl:: I- DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT C9 Of NAPLES HERITAGE GOLF AND COUNTRY CLUB PHASE ONE AS RECORDED IN PLAT BOOK 26, PAGE 73; SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF SAID SUBDIVISION AND THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE ALONG THE NORTH LINE OF SAID SUBDIVISION S88'56'25"W, A DISTANCE OF 12.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE POINT OF BEGINNING; THENCE RUN SOO'SO'44"W, A DISTANCE OF 49.96 FEET ALONG THE EAST LINE OF SAID TRACT; THENCE RUN S88'S6'19"W, A DISTANCE OF 100.00 FEET ALONG A LINE THAT RUNS TO THE NORTHEAST CORNER OF TRACT M OF SAID SUBDIVISION AND CONTINUES ALONG THE NORTH LINE OF SAID TRACT 1.1; THENCE RUN NOO'50'48"E, A DISTANCE OF 49.96 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE RUN ALONG SAID NORTH LINE NBB"S6'2S"E, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,993 SQUARE FEET OR 0.11 ACRES. MORE OR LESS. ~ ---~~---------------- tiQIE; THE PARCEL BEARING. DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY. DARREN TOVvNSEND (FOR THE FIRM LB6773) BASIS OF BEARING: STATE PLANE COORDINATE PROFESSIONAL SURVEYOR AND MAPPER SYSTEM, FLA. EAST ZONE. '83/'90. FLORIDA LICENSE NO. LS 6476 THIS n~ DAY OF -.~Uj.,_~ 2005. THIS IS NOT A SURVEY .,,~:.~~~.~'2p.'J,;,;COONER & ASSOCIATES, INC. .~'...4.'Si'" ~~~,.{:u," '/\. SURVEYING AND MAPPING :),<;r!~V./.t. .......~. . :':'. .......5670 ZIP DRIVE. fORT MYERS. FLORIDA 33912 r'cfj: PHONfn239)~71-'0722 FAX: (239)277-7179 EMAIL; SURVEYlNGOCOONER.COM CLlENT~ GRE::ELEY AND HANSEN,: LLC: DRAWN BY: OKT CHECKED BY: JNW PARCEL. [)fSCRIPJl~_: - ':.^ - DATE: 03/09/05 SCALE: 1"-20' I REV: 4-27-05 TEMP. CONSlROCTIbN- EASEMEN't.':'1WICT C9, NAPLE's.~nAG~~.SU:~ ~.?O-26 PROJECT No: 03070SW.A DWG NO:030705WA-ESM I SHEET; 1 OF 1 1",. .,.~_~. ..,"- 1"(' t.: r, "".f ~ ~; ~, ~ ~. '. EXHIBIT ..1l..- Page~~ Agenda Item No.1 DB -fo9~~?i ~f~~ PROJECT '701 S.=2 PARCEL <:? T FOLIO Oo'-/IOCo ~ 0007 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS. FROM COMMENCEMENT OF ' ; , CONSTRUCTION) . . SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEJlENT (BoT) IN THE NW 1/4 OF THE NW 1/4 OF SECllON 11, TO~SHIP 50 S, RANGE 26 E, COWER COUNTY, FLORIDA FOREST GlENN OF NAPLES SUBDIVISION PLAT BOOK 31, PAGE 94 N88'7' 440E NORTH UNE _ _ 100.10' - SECl10N 11 J 30' RIGHT-OF-WAY FOR ROADS, Ul1Ul1ES a: DRAINAGE ~ (" PER O.R. 306. p,,", 53' ---1 ~ _ P.O.B. \ ~ :. . ,., ~q g~ II) in 0> Ii U HENDERSON CREEK CANAL R/W (100') FOUO NO.: 00410680007 ::: Ka: C.R.-COUNTY ROAD F.P.&L-FlORIDA PO~ a: UGHT CO. R/W - RIGHT-OF-WAY O.R. - OFfICIAL RECORDS BOOKIPAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF CONMENCElAENT NO.-NUt.4BER ~ F o ~ ..... Z :J ~ DESCRIPTION OF A 1Et.4PORARY CONSlRUCl1ON EASEt.4ENT LYING IN THE NORTH'ltt:ST 1/4 OF THE NORTH'ltt:ST 1/4 OF SECl10N 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST. ca..uER COUNTY. FlORIDA: COUt.4ENClNG AT THE NORTHWEST CORNER OF SAID SECTION 11. THENCE RUN NSS'7'440E, A DISTANCE OF 100.10 FEET ALONG THE NORTH UNE OF SAID SECTION TO THE EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY; THENCE RUN SOO"50'44"W. A DISTANCE OF 30.03 FEET ALONG SAID EAST UNE TO THE SOUTH UNE OF A 3O-FooT RIGHT-OF-WAY FOR ROADS, UTIUTIES AND DRAINAGE PER OFFICIAL RECORD BOOK 306. PAGE 530 AND THE POINT OF BEGINNING; THENCE RUN N88'7'44"E, A DISTANCE OF 24.99 FEET ALONG SAID SOUTH UNE; THENCE RUN SOO'SO'44"W. A DISTANCE OF 7.64 FEET; THENCE RUN S88"01'46"W, A DISTANCE OF 25.00 FEET TO SAID EAST UNE; THENCE RUN Noo'SO'44"E, A DISTANCE OF 7.75 FEET ALONG SAID EAST UNE TO SAID SOUTH UNE AND THE POINT OF BEGINNING. ~ \ . I r . ~ " " ,~ . ,ii("~" "ORE OR LfSS. \\'''lPARCD.'''''''G, OIST",=. "'0 AREAS --M--:-:;:"f'----;...-,..-r--- CALCULATED ARE BASED ON A flEW SURVEY OF ~4lREN;:J_SENB (~. 'n:E FlRt.4 LB6773) SECllON 11. BASIS OF BEARING: STATE PLANE :!:'~ SUI!:.VE1Dfl >>lP MAPPER COORDINATE SYSTEM. FLA. EAST ZONE, '83/90. :;t.eRlI)A ~~SE NO.,U N:"m THIS IS NOT A SURVEY ~,~&AY OF ".' l:!'",uJ.l 2005. ~~~~./"~~~"';JE~Y Co COONER AND ASSOCIATES, INC. '''''c,./I.C:>::~;"" ..... SURVEYING AND MAPPING frrr,,,....." 3900 COLOIIIIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAll.: SURVEYlNGCCOONER.COM CLIENT: GREELEY AND HANSDl. LLC DRA\WIl BY: DKT CHECKED BY: ....W PARCEl DESCRIPllON: DATE: 03/09/05 SCALE: 1"-20' REV: 1Et.4P. CONSlRUCTlON EAsatENT IN THE NW 1/4 OF THE NW 1/4 OF SEC 11-50-26 PRo.ECT No: 030705W.A DWG No:030705WA-ESM SHEET: 1 OF 1 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Agenda Item No. 10B September 13. 2005 Page 18 of 64 7o/s-1 ,.... PROJECT 701 S-:2 PARCEL 9, T FOLIO 004 ft>fo <g> Oot> 7 EXHIBIT L Page...lLof 2.L SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (9.T) IN THE NW 1/4 OF THE NW 1/4 OF SECTION 11, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FlORIDA iO 0> Ii d r:s~ 1&.18 a::~ 0'-" ~~ III a:: ffi~ ~~ ~o Co N N ..- CD N88,,44"( 1oo:;C)' - NORlH UNE SECllON 11 100' R/W ~ ~ ~ o o III P.O.B. I S9O'OO'OO"E 1&.1 25.00' 3k .. . ~ ~ ~ ~ 0 ~~ ~jO 8 25.00' ~ Z N9O"OO'OO.W FOlIO NO.: 00410680007 :: ~ F o bI 1&.1 Z :J 3k KEY: C.R.-COUNTY ROAD F.P.&L-F1.ORIDA POWER '" UGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFlClAL RECORDS BOOK/pAGE P.O.B.-POINT OF BEGINNING P.O.e.-POINT OF COMMENCEMENT NO.-NUMBER DESCRlP1l0N OF A TEMPORARY CONSlRUCllON EASEMENT LYING IN lHE NORlHWEST 1/4 OF lHE NORlHWEST 1/4 OF' SECTION ", TOWNSHIP 50 SOUlH, RANGE 26 EAST, COLUER COUNTY, F1.ORIDA: COMMENCING AT THE NORlHWEST CORNER OF SAID SECTION II, lHENCE RUN N88,,44"E. A DISTANCE OF' 100.10 FEET ALONG lHE NORlH UNE OF SAID SECTION TO lHE EAST UNE OF lHE HENDERSON CREEK CANAL RIGHT-OF-WAY: lHENCE RUN SOO"50'44"W, A DISTANCE OF 842.26 FEET ALONG SAID EAST UNE TO lliE POINT OF BEGINNING; THENCE RUN S90'OO'00.E. A DISTANCE OF 25.00 FEET; lHENCE RUN SOO"50'44.W, A DISTANCE OF 25.00 FEET; lHENCE RUN N90'00'00.W, A DISTANCE OF 25.00 FEET TO SAID EAST UNE; lHENCE RUN N00"50'44.E. A DISTANCE OF 25.00 FEET ALONG SAID EAST UNE TO lHE POINT OF BEGINNING. CONTAINING 625 SQUARE FEET OR 0.01 ACRES, MORE OR LESS. . . /;/JJ-&,,____ ~~ ~.~~AH~~~OF . , - ES. mWNSEJrIO(T:O,R' 1;HE FIRM LB6n3) SECTION 11. BASIS OF BEARING: STATE PlANE ~OFESSl~AL SCiil~D MAPPER COORDINATE SYSTEM, Fl.A. EAST ZONE. '83/90. ~~JlCENSENQ,' L:S--6476 -, ~-bAY OF'". " J1tUJAJ. 2005. THIS IS NOT A SURVEY -~r-;..~<:,"_"'.JEFP.REY C. COONER AND ASSOCIATES, INC. ..'-//;""" . .....- SURVEYING AND MAPPING .:"':,... 3900 COlONIAL BLVD.. SUITE 4. FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EUAlL: SURVEYlNGCCOONER.COM CUENT: GREElEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIPllON: DATE: 03/09/05 SCALE: 1"-.30' REV: TEMP. CONSTRUCTION EASEMENT IN lliE NW 1/4 OF lHE NW 1/4 OF SEC 11-50-26 PRO.ECT No: 030705W.A DWG No:030705WA-ESM SHEET: 1 OF 1 EXHIBIT JL Page-1!L-of ~ Agenda Item NO.1 DB September 13, 2005 P.illle 19 of 64 7 vi:' ( '1'- PROJECT 7 DI ~ ;z. PARCEL ;0. / FOLIO 004// ~JfC>O(:;'-I TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEJlPORARY CONSTRUCTION EASEJlENT (to.T) IN THE SW 1/4 OF lHE NW 1/4 OF SECTlON 11, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FLORIDA iO 01 II:! d ~'"' 5! g~ ~;i i5~ :1:(.) !k ~ ~ 8 II) NORTH UNE SECllON 11 N88'7'404"E 100.10' - 100' R/W ;;; ~ ... ... N UNE OF N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE NW 1/4 OF SECllON 11 P.O.B. J S90"00'00"E ~ 25.00' !k ~. '8~ . 8 ~ iii iii ~ 8 ... ... z 25.00' ~ N90"00'oo"W FOUO NO.: 00411640004 ~ 1= (.) bl ~ C.R.-COUNTY ROAD F.P.c!d...-R.ORIDA POWER a: UGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFlClAl RECORDS BOOK/l"AGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO.-NUMBER DESCRiPtiON OF A TEMPORARY CONSlRUCllON EAsatENT LYING IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECllON 1" TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, R.OR1DA: w Z :::J !k COMMENCING AT THE NORTHWEST CORNER OF SAID SECllON ", THENCE RUN N88'1T404-E, A DISTANCE OF 100.10 FEET ALONG THE NORTli UNE OF SAID SECllON TO THE EAST UNE OF THE HENDERSON CREEK CANAl RIGHT-OF-WAY; THENCE RUN Soo"SO'4-4"W. A DISTANCE OF 1386.31 FEET AlONG SAID EAST UNE TO THE POINT OF BEGINNING: THENCE RUN S90'OO'00-E, A DISTANCE OF 25.00 FEET; THENCE RUN SOO"50'4-4"W, A DISTANCE OF 25.00 FEET: THENCE RUN N90'00'oo"W, A DISTANCE OF 25.00 FEET TO SAID EAST UNE; THENCE RUN Noo"SO'4-4"E, A DISTANCE OF 25.00 FEET ALONG SAID EAST UNE TO THE POINT OF BEGINNING. CONTAINING S.2~"SQUARE FEET OR 0.01 ACRES, MORE OR LESS. !ji~_- !:t~~~~~~*SDF oil:$Elt f'~SENO ~.~ ARM LBSn3) SECllON 11. BASIS OF BEARING: STATE PLANE ~T:':~~~~ ~APPER COORDINATE SYSTEM. F1..A. EAST ZONE, '83i90. r<:ll!: 'Ii'OAY 01:." /(: f/NrM. , 2005. THIS IS NOT A SURVEY ". .... ..... . ~ ~ ~~ '" r_'<;~~J~ .' EY C. COONER AND ASSOCIATES, INC. .",., SURVEYING AND MAPPING 3900 COlONIAL BL \ID., SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)2n-0722 FAX: (239)2n-7179 EMAlL: SURVEYlNGOCOONER.COM CLIENT: GREELEY AND HANSEN. u.c DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIPllON: DATE: 03/09/05 SCALE: '..30' REV: TEMP. CONSlRUCllON EASEMENT IN THE SW 1/4 OF THE NW 1/4 OF SEC 11-50-28 PRO.ECT No: 030705W.A DWG No:030705WA-ESU SHEET:' OF 1 EXHIBIT -1L Page ---L5-ot...2.:L Agenda Item NO.1 OB Sep~~~~,2005 PROJECT "f~f~~64 PARCEL I/.r FOLIO t,'??S-DOD 730 ~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (11. T) LYING IN TRACT RW2, NAPLES HERITAGE GOLF &: COUNTRY CLUB PHAS ONE A SUBDIVISION PER PLAT BOOK 26, PAGE 7.3 SECTION 10, TOWNSHIP 50 S, RANGE 26 E COLUER COUNTY, FLORIDA UJ . ~ c c 0 Ii' Il'i o ('oj o z in Ol oi U UJ Z ::; ~ "- 0:: ~ :I: 8 ~ .. C Il'i 10 ('oj 0 0 Vl P.O.B. w ~ ;... .. 0 C .0 10 ;n 0 0 z P.O.C. 589'59'1S"E 12.00' TRACT GC6 !Sf1; C.R.-COUNTY ROAD F.P.&L.-FLORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO.-NUMBER TRACT R NAPLES HERITAGE DRIV!: N89"59'1S"W 12.00' S LINE NAPLES HERITAGE DFSCRIPllON OF A 12-FOOT WIDE TEMPORARY CONSTRUCllON EASEMENT L YlNG IN TRACT RW2 OF NAPLES HERITAGE GOLF AND COUNTRY CLUB PHASE ONE AS RECORDED IN PLAT BOOK 26, PAGE 73; SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COlliER COUNTY, FLORIDA: COMMENCE AT THE INTERSECllON OF THE SOUTH LINE OF SAID SUBDIVISION AND THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 951. NOO'SO'44"E, A DISTANCE OF S16.07 FEET TO THE POINT OF BEGINNING; THENCE RUN N89'S9'16"W, A DISTANCE OF 12.00 FEET TO THE WEST LINE OF SAID TRACT; THENCE RUN ALONG SAID WEST LINE NOO'SO'44"E, A DISTANCE OF 25.00 FEET; THENCE RUN 589'59'16"E, A DISTANCE OF 12.00 FEET TO SAID WEST RIGHT-OF-WAY LINE; THENCE RUN SOO'SO'44"W, A DISTANCE OF 2S.00 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. CONTAINING 300 SQUARE FEET OR 0.01 ACRES, MORE OR LESS. ----~---- ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY. DARREN TO\'iNSEND (FOR THE FIRM LB6773) BASIS OF BEARING; STATE PLANE COORDINATE PROFESSIONAL SURV!:yoR,.AND MAPPER SYSTEM, FLA. EAST ZONE, '83/90. ~7:'~~~~~S~~R>~ 6476 , 200S. THIS IS NOT A SURVEY I> ,_' , . r j, . <:-,1 1,/.1.;"" '~.'('OONER & ASSOCIATES INC (:q,~-; .~.'~.."!!' /' ":;" .-'...;..~ , . .. "~ /"~"" ~"'.,~:. SURVEYING AND MAPPING ;r;' -/ ;.: -;- '. . "'. ,,~ 5070 ZIP DRIVE. FORT MYERS, FLORIDA 33912 ~ PHONE; (239)i77-,0722 FAX: (239)277-7179 EMAll: SURVEYlNGOCOONER.COM CUENr; GRE:~LEY-I,lr:nr:H1>.NSEri.!-l~ DRAWN BY: OKT CHECKED BY; JNW PARCEL--.o-r5~lp..1't01~:' .," <~,~.::- DATE: 03/14/05 SCALE: 1"-20' TEMP. COftS-mw.:"QN_EAsrMi;.~" ~iRACT RW2. NAPLrS.H~~c,.JU-SO-26 PROJECT No: 030705W.A REV: 4-27-0S DWG No:030705WA-ESM SHEET; 1 OF 1 :~!t?"f~':."'~~. , . ".' EXHIBIT -1L Page -11L-of..5..L Agenda Item NO.1 OB sePt~~ PROJECT iJ~17 4 PARCEl I ,;( , T FOLIO OOJ.j/oI6oCOh TEMPORARY CONSTRUCTION EASEMENT (DURA TION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (12.T) THE NE 1/4 OF SECTION 10, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA S LINE NAPLES HERITAGE P.O.C. GOLF & COUNTY CLUB PHASE 1 (PLA T BOOK 26.PAGE 73) S00"50' 44"W -- i' 5.06' S89'59'32'E 35.00' P.O,B. I~ J. w ~ . . . 8 8 . . . b b FOLIO NO.: 10 It'i It'i 10 8 N N ~ 00410160006 z lli: C.R.-COUNTY ROAD F.P.&L.-FLORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO.-NUMBER 35.00' N89'59'32'W iii CJ) ti cJ '" Z ::J ~ 0:: ~ DESCRIPTION OF A TEMPORARY CONSTRUCTION EASElolENT LYING IN lHE NE 1/4 OF SECTION 10, TOWNSHIP 50 SOUlH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCE AT lHE INTERSECTION OF lHE SOUTH LINE OF NAPLES HERITAGE GOLF ANO COUNTY CLUB PHASE ONE, A SUBDIVISION AS RECORDED IN PLAT BOOK 26, PAGE 73 AND THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951= lHENCE ALONG SAID Yof:STERLY LINE, SOO'50'44"W, A DISTANCE OF 5.06 FEET TO THE POINT OF BEGINNING; lHENCE CONTINUING ALONG S,6JD WESTERLY LINE RUN SOO'50'44"W, A DISTANCE OF 25.00 FEET: THENCE RUN N89'59'32"W, A DISTANCE OF 35.00 FEET; lHENCE RUN NOO'SO' 44"E, A DISTANCE OF 25.00 FEET; lHENCE RUN S89'59'32"E, A DISTANCE OF 35.00 FEET TO SAID WESTERLY LINE AND lHE POINT OF BEGINNING. CONTAINING 875 SQUARE FEET OR 0.02 ACRES, lolORE OR LESS. ----~~----- liQIt; lHE PARCEL BEARING, DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY. DARREN TOWNSEND (FOR THE FIRM LB6773) BASIS OF BEARING: STATE PLANE COORDINATE PROFESSIONAL SU~VEYOI3 AND MAPPER SYSTElol, FLA. EAST ZONE, '83(90. FLORIDALlCENSEj'NQ. LS .6476 lHlS ll:!!: DAV: 9F\ f:?'. ~li~____ 2005. THIS IS NOT A SURVEY "~41;" > . t' ',' '~: ..'GOONER & ASSOCIATES, INC. . ," : ,. ~, . " .~ SURVEYING AND MAPPING . : 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912 ; '. PHQN.;:. (~39)~;77-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CLIENT: GRfi~~Y I'bIO'"I'tAlIIS~,.t;lQ' DRAWN BY: DKT CHECKED BY: JNW PARCEL IJtSCRlF''fIOIlI:..'''. ..y ,~' DATE: 03/14/05 SCALE: 1"-10'IREv: 4-27-05 TEMP. cONs1'Ryc1f~tNl" IN NE 1/4 OF WJ,;i.6~.l$~~ PROJECT No: 030705W.A DWG NO:OJ0705WA-ESM I SHEET: 1 OF 1 EXHIBIT-L Page...r:Lof ~ Agenda Item No 108 Se't"O'1)b~ 13 W05 PROJEC 'l"crrJe'22 ~f64 T 7D/~~ PARCEL 1 3, T FOLIO 60'-11 C> 7 ~ 000 <6 TEMPORARY CONSTRUCTION EASEMENT (DURA nON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (13.T) IN THE NW 1/4 OF THE SW 1/4 OF SECllON 11, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FLORIDA 100' R/W FOUO NO.: 00410760008 iii 0> Ii ti :: ;,,::....... We z 11.I0 0 Ir_ 1= 0'"-' 0 ~~ IX IIlIr 11.I ffi~ z :J Cz ~ 15< :I: 0 S9O"OO'oo"E 11.I 25 00' ~ i. . . i . 8 8 e ~ ,,; ,,; to 8N Ns;! z 25.00' CiS ;\ S90'OO'OO"W '-P.O.B. t'I ~ g ~ ::i 8 ~ z <Vii~N~ OF S UNE SECllON 11 "i> .- N8T25'49"E L1oo.,8' ~ -~ -- -- '-i KEY: F.P.&L-FlORIOA POWER '" UGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO.-NUMBER DESCRIPllON OF A 'TEMPORARY CONSTRUCllON EASEMENT LYING IN lHE NORlHWEST 1/4 OF lHE SOUlHWEST 1/4 OF SECllON 1" TOWNSHIP 50 SOUlH, RANGE 26 EAST. COWER COUNTY, flORIDA: COMMENCING AT lHE SOUlHWEST CORNER OF SAID SECllON ", lHENCE RUN N8T25'49"E, A DISTANCE OF 100.18 FEET AlONG lHE SOUlH UNE OF SAID SECllON TO lHE EAST UNE OF lHE HENDERSON CREEl( CANAL RIGHT-OF-WAY; lHENCE RUN Noo'SO'"",,"E, A DISTANCE OF 2637.09 FEET AlONG SAID EAST UNE TO 'THE POINT OF BEGINNING; lHENCE CONllNUE AlONG SAID EAST UNE Noo-SO'''''''"E, A DISTANCE OF 25.00 FEET; lHENCE RUN S90'OO 'OO"E, A DISTANCE OF 25.00 FEET; lHENCE RUN SOO'SO'''''''"W, A DISTANCE OF 25.00 FEET; lHENCE RUN 590'00'00. W, A DISTANCE OF 25.00 FEET TO SAID EAST UNE AND 'THE POINT OF BEGINNING. CONTAINING 625 SQUARE FEET OR 0.01 ACRES, MORE OR LESS. ..<:: .{--./? / : i~.~~~~------ ':'bAR~' TOWN5END:~OR.. lHE FlRM LB6n3) 'l='ROFtSSlONAl SUR'VEYORAND MAPPER ~ ~~'~~~SEofO; rB> 6A~~~ 2005. '.. ". /. .. !:iQIE; 'THE PARCEl BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FlELD SURVEY OF SECllON 11. BASIS OF BEARING: STAlE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY -~< <~~:~"'JEFFREY C. COONER AND ASSOCIATES, INC. "'< ...... SURVEYING AND t.AAPPING "',u' 3900 COLONIAL BLVD., SUITE 4. FORT MYERS, FLORIDA 33912 PHONE: (2.39)277-0722 FAX: (239)277-7179 Et.AAlL: SURVEYlNGOCOONER.COt.f CUENT: GREELEY AND HANSEN. LLC DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 3/10/05 SCALE: 1 "-JO' I REV: UllUTY EASEMENT IN THE NW 1/4 I OF lHE SW 1/4 OF SEC 11-50-26 PRo.ECT No: OJ0705W.A DWG No:030705WA-ESU SHEET: 1 OF 1 EXHIBIT JL Page ~of..:5.::L Agenda Item No. 1 DB September 13, 2005 701 ~~e 9-of64 PROJECT 7 () ( s- =t PARCEL 14, T FOLIO oO'-(IOIt:,O~o' TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (14.T) THE NE 1/4 OF SE 1/4 OF SECTION 10, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA S LINE NAPLES HERITAGE GOLF & COUNTY CLUB PHASE 1 (PLAT BOOK 26,PAGE 73) P.O.C. - 582"25'36"( 35.00' r... ~ ;;:j ... - <>~ ... ... b Ltl b o If) t~ ~~ /. - P.O.B. FOLIO NO.: 00410160006 LLl . .,. ~ 8 8 ~ z 3= . 8 .,. ... ;;; b lli 10 '" N g Ii III U lli: C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO.-NUM8ER UJ z ::::J ~ ...... a:: ~ -~ I DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LYING IN THE NE 1/4 OF ll-IE SE 1/4 OF SECTION 10. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA: - 035.00' N82"2S'o36"W COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF NAPLES HERITAGE GOlF AND COUNTY CLUB PHASE ONE, A SUBDIVISION AS RECORDED IN PLAT BOOK 26. PAGE 73 AND THE WESTERLY RIGHT-Of-WAY UNE OF COUNTY ROAD 951;THENCE ALONG SAID WESTERLY UNE, SOO.50.4....W. A DISTANCE OF 1431.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE RUN SOO"SO'44.W, A DISTANCE OF 25.00 FEET; THENCE RUN NB2'25'36"W. A DISTANCE OF 35.00 FEET; THENCE RUN NOO'SO'44"E. A DISTANCE OF 25.00 FEET: THENCE RUN S82'25'36.E, A DISTANCE OF 35.00 FEET TO SAID WESTERLY LINE AND ll-IE POINT OF BEGINNING, CONTAINING 869 SQUARE FEET OR 0,02 ACRES, MORE OR LESS. ---ZX2l------ DARREN TOWNSEND (FOR.)'H[ FIRM LB6773) PROFESSIONAL. SU.. ~.~~~ AND. MA.P. PER FLORIDA ~ICENSE, ;r,lp~: ~~~~~,' THIS ~ DAY 'Cl~, .' _ 2005. , . ;., ," i ..'1, EXHIBIT .1L Page-.fLot ~ Agenda Item No. 108 Septe~5ii/20~ PROJECT Pa~f~E:i PARCEL / ~ T FOLIO 00"1// 7;(Oc;o S- TEMPORARY CONSTRUCTION EASEMEl'I'T (DURA TION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (15.T) IN THE SW 1/4 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FLORIDA 100' R/W FOUO NO.: 00411720005 S UNE Of THE N 1/2 Of lllE N 1/2 Of lllE S 1/2 Of lllE SW 1/4 OF lllE SW 1/4 (FRAC'TlONAL UNE) w ~ b b 0 !I'l Iri 8 N Z NS7"30'41"E 25.00' ~ g; lrilll N' o 25.00' ~ SST30'4'"W P.O.B. on 0> fi d ::: z 0 1= u w en w z ::l ~ lI<:........ ~g o::~ u~ ~~ en 0:: ffi;i Oz z< ~u w ~ b ;., !I'l cO 8 on z P.O.C. SW CORNER Of SEC'TlON 11 [s UNE SEC'TlON 11 NS7"25'49"E 100.1S' I\, --- ~ m: f.P.&L-FLORIDA POWER &: UGHT CO. R/W - RIGHT-Of-WAY P.O.B.-POINT Of BEGINNING P.O.C.-POINT Of COMMENCEMENT NO.-NUMBER .- DESCRIPTION Of A TEMPORARY CONSlRUC'TlON EASEt.tENT L 'fING IN THE SOUlllWEST 1/4 OF THE SOUlHWEST 1/4 OF SECllON 11, TOWNSHIP 50 SOUlH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SEC'TlON 1" lHENCE RUN NB7"25'49"E, A DISTANCE OF 100.18 FEET ALONG lHE SOUTH UNE Of SAID SEC'TlON TO lHE EAST UNE OF lHE HENDERSON CREEK CANAL RIGHT-Of-WAY: THENCE RUN NOO'SO'44"E, A DISTANCE OF 516.13 FEET ALONG SAID EAST UNE TO lHE SOUTH UNE OF THE NORTH 1/2 Of lHE NORTH 1/2 OF THE SOUlH 1/2 OF lHE SOUTHWEST 1/4 OF lHE SOUTHWEST 1/4 OF SAID SEC1l0N AND THE POINT OF BEGINNING; THENCE CON'TlNUE ALONG SAID EAST UNE NOO'SO'44"E. A DISTANCE OF 25.00 FEET; THENCE RUN N87"30'41"E, A DISTANCE OF 25.00 FEET; THENCE RUN SOO'SO'44..~ ,''' DISTANCE OF 25.00 FEET TO SAID SOUTH FRAC'TlONAL UNE; THENCE RUN SST30'41.W. A DISTANCt't'lF 25.t>>~T ALONG SAID FRACllONAL LINE TO SAID EAST UNE AND THE POINT OF BEGINNING. ">~"'.'~." ,~,; _:.. ...... ;...~~!"....~. .;i:~~iNG 625 ~ ' '":fEET OR 0.01 ACRES, MORE OR LESS. ~ ;.'; ~. '.0 .' ....:...... ('". n_ ~ _~..': ~. _ ~__....__-:"'___ THE PARCEL BEARING, DISTANCES. AND AREAS - - CALCULATED ARE BASED ON A FJELD SURVEY OF CiilRi2Eti fOWNSENo.,(f.Cl~ FJRM LB6713) SECllON 1,. BASIS OF BEARING: STATE PLANE -:f'ROFEslONAL s~GR' ~D MAPPER COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. ~oA;!DM~~~Qf~';~~~~U+-l , 2005. n.ns IS NOT A SURVEY ,., ~,'.'. r .'!. .......,.cJ~ REY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUllE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EI.4AIL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN, Ll.C DRAWN BY; DKT CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 3/10/05 SCALE: 1"-30' UTlUTY EASEIAENT IN THE SW 1/4 Of THE SW 1 4 OF SEC 11-50-26 PROJECT No: 030705W.A DWG No:OJ0705WA-ESM SHEET: 1 OF 1 EXHIBIT ..iL page..1e-of ~ Agenda Item No 1 DB September 13, 2005 7 Page 25 of 64 OIt;'1 "to PROJECT 7 0/ ~ 2- PARCEL / b. T FOLIO ;;7,"'/ ;?,36ool;.2 3 TEMPORARY CONSTRUCTION EASEMENT (DURA TION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEJlPORARY CONSTRUCTION EASEJlENT (16.T) L VlNG IN TRACT "E", THE CLUB ESTATES A SUBDIVISION PER PLAT BOOK 31, PAGE 78. SECllON 10, TOWNSHIP 50 S, RANGE 26 E COWER COUNTY, FLORIDA tmIE: lHE PARCEl. BEARING, DISTANCES, AND AREAS CALCULA lED ARE BASED ON A FIElD SURVEY. BASIS OF BEARING: STATE PLANE COORDlNAlE S'r"S1'EM, FLA. EAST ZONE. '83/90. FOUO NO.: 26123000123 'P 15 ~ . ~ !"I.... ~~ ~F= t:~ ~ ~ t> ...... ~ C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY O.R. - OFflClAL RECORDS BOOK/pAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO.-NUMBER DA-DELTA ANGLE R-RADIUS L-LENGlH CB-CHORD BEARING C-CHORD DISTANCE .... : 8 ~ ~ 8 z S UNE lHE ClUB ESTATES ""<.:: ." '?il:~" I, ~".' ""rZ2c2:'" ,,' ,::."..', .' (1., ;;A' . ~~.: , " " :.' ._ I .. ..... , .' . ~--~-----~-~~-------- .iARR~ ::.roWNsa..D ,i~oft:. lHE FIRM LB6n3) l"RGfE:S.StQNAL SUeVtY~ AND MAPPER 'fitoRI~'nCENSE N9; l.S 11476 -']HIS l:' DAY OF ~'.", , MEAl , 2005. ". .. .' ..,.;:il- ~ . ~ ~ l!: PROPOSED TE~PORARY CONSTRUCTION EASE~ENT DA-36"52'10. R-50.oo' L-32.17' CB-S1T3S'23"E C-31.62' Ia.I ; :i ~ iii 8 " z b "': r:: 589"59'11 t: 3l: ~ ~ o ClD Ii cJ .... Z ::J ~ It: 3l: 25.00' 35.00' N90"OO'oo.W P.O.B. .... 0. : CD ,..: ~ .., I/') 8 z P.O.C. NOT VAUD WllHOUT DESCRIPTION ON SHEET 2 OF 2 THIS IS NOT A SURVEY '~",,:.::,~' JEFf REY C. COONER AND ASSOCIATES, INC. , r P .. SURVE't'lNG AND MAPPING 3900 COLONIAL BLW., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)2.77-0722 FAX: (2.39)2.77-7179 EMAlL: SURVEYlNGOCOONER.COM WENT: GREELEY AND HANSEN, u.c DRAWN BY: DKT CHECKED BY: ....W PARCEL DESCRIPllON: DATE: 03/14/05 SCALE: 1.-20' REV: TENP. CONSTRUCTION EASEMENT IN TRACT "E". lHE OMB ESTAlES SEC. 10-50-26 PRo.ECT No: 030705W.A DWG NO:030705WA-ESM SHEET:' OF 2 EXHIBIT ~ Page.2J.-of -5.:.!- ~ef7cl::i/I~1 r<to. 10B P ROJE C l3e[)tp~ /14"" ~fi C ~ge-2.f.i ot 64 PAR El II.. I FOLIO 0< b 1;;'3 OO() 1;}.:3 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (16.T) LYING IN TRACT'r, THE CLUB ESTATES A SUBDIVISION PER PLAT BOOK 31, PAGE 78, SECTlON 10, TOWNSHIP 50 S. RANGE 26 E COLUER COUNTY. FLORIDA DESCRIPllON Of' A 'TEMPORARY CONSlRUCllON EAsa.lENT LYING IN TRACT "E" Of' THE CLUB ESTAlES SUBDIVISION AS RECORDED IN PLAT BOOK 31, PAGE 78; SECllON 10, TOYiNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COt.fMENCE AT THE INlERSECllON OF SOU'TH UNE OF SAID SUBDIVISION AND 'THE WESlERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 951: THENCE RUN Noo'SO',,"E. A DISTANCE OF 537.89 FEET ALONG SAID WESlERLY UNE TO THE POINT OF BEGINNING; THENCE RUN N90'OO'00"W, A DISTANCE OF 35.00 FEET: THENCE RUN NO 0'50'''"E. A DISTANCE Of 25.00 FEET; THENCE RUN 589"59"'"E. A DISTANCE Of' 25.00 FEET; THENCE RUN Noo'SO',,"E. A DISTANCE OF 76.&4 FEET TO 'THE NOR'TH UNE Of' SAID TRACT AND 'THE BEGINNING Of' A CURVE CONCAVE SOU'THWESlERLY HAVING A DaTA ANGLE OF 36"52"0", A RADIUS Of' 50.00 FEET, A CHORD BEARING Of' 51/35'23"E AND A CHORD DISTANCE Of' 31.62 FEET: THENCE AlONG THE ARC Of' SAID CURVE TO THE RIGHT AND SAID NORTH UNE A DISTANCE Of 32.17 FEET TO SAID WESTERLY RIGHT-Of-WAY UNE; THENCE AlONG SAID WESlERLY UNE SOO'SO'''"W, A DISTANCE Of' 71.70 FEET TO 'THE POINT Of' BEGINNING. CONTAINING 1,547 SQUARE FEET OR 0.04 ACRES. MORE OR LESS. ~T~~ ,wr;~T SKETCH'" SlGNAlURE THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COlONIAL BLVD., SUiTE.... FORT MYERS, FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL..: SURVEYlNGOCOONER.COM ClIENT: GREElEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 03/09/05 SCALE: N/A I REV: 'TEMP. CONSlRUCllON EASEMENT IN TRACT "E". THE CLUB ESTAlES SEe. '0-50-26 PROJECT No: 030705W.A OWG No:030705WA-ESW I SHEET: 2 OF 2 EXHIBIT A page~'3.1: Agenda Item No. 10B sept"c&~ ;~~ PROJECT 701 ~.::1. PARCEL / 7. T FOLIO ;;l. bl,230000 .;2.' TEMPORARY CONSTRUCTION .EASEMEN1,' (DURATION: 3 YEARS .' .' FROM;COMMENCEMENT OF . CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEJlPORARY CONSTRUCTION EASEJlENT (17.T) LYING IN lRACT -A-, THE CLUB ESTATES A SUBDIVISION PER PLAT BOOK 31, PAGE 78, SECllON 10, TOWNSHIP 50 S, RANGE 26 E COWER COUNTY, FLORIDA KEY: C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY O.R. - OFFlClAL RECORDS BOOK/pAGE P.O.B.-POINT Of' BEGINNING P.O.C.-POINT Of' COMt.tENCEMENT NO.-NUMBER DA-DELTA ANGLE R-RADIUS L-LENGlH CB-OiORD BEARING C-OiORD DISTANCE tIQIE: THE PARCEl.. BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A RElD SURVEY. BASIS Of' BEARING: STAlE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. Z R g...-.. ~<tz I->w uf5i3 <V1t1l g:~~ ~ PROPOSED TE~POR"'RY CONSTRUCllON E"'SE~ENT DA-38'52'07" R-SO.OO' L-J2.17' CB-N111'6'SO"E CaJ1.62' FOUO NO.: 26123000026 Ul . ~ .;<~~ I-Ul_ (J1IJa: ~lIlo l!'d ~ . : ~ 10 01 g Ii d IIJ Z ::J ~ a: ~ DA-36'52'10. R-SO.OO' L-J2.17' CB-N1 TJ5'2J.W C-31.62' >-1- 5 ~ffi . 1=...... 25~ Ru.J<~ o..(/) >w ::l< 1-a:::lE ~w ~ IX IX ot5 g:5~ lXG ~_ ~ii1 - 01- 0:'" n.t5 u 0. I/) oi o lD ~Ir~t,l'.' . ,~)1 PI, ,.t~ _, ~ ,.' ,'. .' . ~;1~ _~'. ~~~___ 3bAJuiEiCToWNSEND t~ :D-tE FlRt.t LB6n3) NOT VALlO W1lHOUT 3>~AL suR'lE;rQR. AND MAPPER DESCRIPllON ON SHEET 2 OF 2 ~~'ir~SEot~tt 2005. THIS IS NOT A SURVEY ~~~~",:~~~~;:JE,... EY C. COONER AND ASSOCIATES, INC. ',....."'..,.... SURVE~NG AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT M'l'ERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)2n-7179 EMAlL: SURVE~NGOCOONER.COM CLIENT: GREELEY AND HANSEN, UC DRAWN BY: DKT CHECKED BY: ....W PARCEL DESCRIPllON: DAlE: 03/14/05 SCALE: 1-.20' REV: TEMP. CONSlTWC11ON EASEt.tENT IN lRACT -A-. lHE a.uB ESTATES SEC. 10-50-26 PRo.ECT No: 030705W.A DWG No:0J07115WA-ESM SHEET: 1 OF 2 S UNE 'THE CLUB ESTATES P.O.C. EXHIBIT ..iL Page-2.Lot .5L Aaenda Item NO.1 08 September 13, 2005 PROJECT 78=yd~ 0;&7.::>15;( PARCEL 17, T F OU 0 ,;z b I :<3 ac:oo c:< '=> TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEJlPORARY CONSTRUCTION EASEJlENT (17.T) LYING IN TRACT -A-, THE CLUB ESTATES A SUBDIVISION PER PLAT BOOK 31, PAGE 78, SECTION 10, TOWNSHIP 50 S, RANGE 26 E COWER COUNTY, FLORIDA DESCRIPTION OF A 10-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT -A" Of T1iE CLUB ESTATES SUBDIVISION AS RECORDED IN PlAT BOOK 31, PAGE 78; SECTION 10, TOWNSHIP 50 SOUTli, RANGE 26 EAST, COWER COUNTY, FlORIDA: COMMENCE AT INTERSECTION OF THE SOUTli UNE Of SAID SUBDIVISION AND T1iE WESTERLY RIGHT-Of-WAY UNE OF COUNTY ROAD 951; T1iENCE RUN Nocr5O'.....-E. A DISTANCE Of 609.59 FEET ALONG SAID WESTERLY UNE TO T1iE SOUTli UNE OF SAID TRACT AND T1iE POINT Of BEGINNING; SAID POINT ALSO BEING T1iE BEGINNING OF A CURVE CONCAVE SOUTliWESTERL Y HAVING A DElTA ANGLE Of 36"52'10-, A RADIUS OF 50.00 FEET. A CHORD BEARING Of N17"35'23"W AND A CHORD DISTANCE OF 31.62 FEET; T1iENCE ALONG T1iE ARC OF SAID CURVE TO T1iE LEFT AND SAID SOUTH UNE A DISTANCE OF 32.17 FEET; T1iENCE RUN N 00"50''''''"E. A DISTANCE OF 140.00 FEET TO THE NORTIi UNE OF SAID lRACT AND T1iE BEGINNING Of A CURVE CONCAVE NORTliWESTERLY HAVING A DElTA ANGLE Of 36"52'OT, A RADIUS Of 50.00 FEET, A CHORD BEARING Of N19'6'50"E AND A CHORD DISTANCE OF 31.62 FEET; T1iENCE ALONG THE ARC Of SAID CURVE TO T1iE LEFT AND SAID NORTIi UNE A DISTANCE OF 32.17 FEET TO SAID WESTERLY RIGHT-Of-WAY UNE; T1iENCE ALONG SAID WESTERLY UNE SOO"50''''''"W, A DISTANCE Of 200.00 FEET TO T1iE POINT OF BEGINNING. CONTAINING 1,591 SQUARE FEET OR 0.04 ACRES, MORE OR LESS. ~Td;~~ 1W1;~T SKETCH a: SIGNATURE lHlS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONiAl BL W., SUITE 4, FORT MYERS. flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIP11ON: DATE: 03/09/05 SCALE: N/A REV: TEMP. CONSTRUCTION EASEMENT IN TRACT -A-, T1iE CLUB ESTATES SEC. 10-50-26 PROJECT No: 030705W.A DWG NO:030705WA-ESIol SHEET: 2 OF 2 EXHIBIT .JL Page~..s.:L- TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Agenda Item No, 10B Se~tSrr It 3,Q005 PROJECT ~~ ~~64 PARCEL I q, T FOLIO Ulb/jZ3t)oo(i'( SKETCH AND DESCRIPTION OF A TEJlPORARY CONSTRUCTION EASEJlENT (18.T) LYING IN lRACT -H-, THE CLUB ESTAlES A SUBDIVISION PER PLAT BOOK 31, PAGE 78, SECTION 10, TOWNSHIP 50 S, RANGE 26 E COWER COUNTY, FLORIDA "",'::~;~"......<~ r. ..",:,;,. .' ~ '.' /. 1'0 ." ~~ .' " .. 6 , :4- --- · -------- ~.~RllD.l TOVlNSEiC)'.(FOR. THE FIRM LBsn3) ~: ~Of!E'SSlONA1:.,-:SUR~OR AND MAPPER :: 1'L00000J..JCEm;E ito .LS;.S~76. ~.~IS:'~ DAY Of" '/ r.M<</4 2005. THIS IS NOT A SURVEY ~ -:~~~'i>.....,.JE ,,' :.' EY C. COONER AND ASSOCIATES, INC. "..'>_ ~: ....... SURVEYING AND MAPPING 'f..,..,........... 3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)271-7179 EMAlL.: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: OKT CHECKED BY: ~W PARCEL DESCRIPTION: DATE: 03/1~/05 SCALE: 1"-20' lEMP. CONSlRUCllON EASEMENT IN 'lRACT "H", THE CLUB ESTATES SEe. 10-50-26 PRO.ECT No: 030705W.A ~ ffi ~ ~~ t;! <1= I!:~ ~ ~ u ....., wm;; THE PARCEL. BEARING, DISTANCES. AND AREAS CALCUlA lED ARE BASED ON A FIELD SURVEY. BASIS OF BEARING: STATE PLANE COORDINATE SYSlDA, FtA. EAST ZONE. '83(90. ~ C.R.-COUNTY ROAD R/W - RIGHT-Of-WAY O.R. - OFflClAL RECORDS SOOK/PAGE P.O.S.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT ND.-NUMBER DA-DRTA ANGLE R-RADIUS L -LENGTH CB-CHORD BEARING C-CHORD DISTANCE UI "<I:::! · ~!S! t;13ii: <IDQ I!: a S UNE THE ClUB ESTATES S1 iii .- ;., 01 ! ~ ~ ~ III ; P.D.B. ~ z III ~ ; al ~ 2 g z S89'2'24"E 10.00' ..co ~go to~ <a~ I!:I&.~ in 01 Ii U III Z ::J ~ II: ~ 0...-36'52'07'" R-SO.OO' L-32.1r CB-S19'6'SO"W C-31.62' PROPOSED TEMPORARY CONSTRUCTION EASEMENT P.O.e. NOT VALID WITHOUT DESCRIPllON ON SHEET 2 OF 2 DWG No:030705WA-ESM EXHIBIT ~ Page 25-of....::w.- Aaenda Item No. 10B sePte~V~! 2piJ5 PROJECT a~ytt ~ PARCEL I t?, T FOl IOi?? b I .z 3 OCl? I'?I TEMPORARY CONSTRUCTION EASEMENT (DURA TION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH .AND DESCRIPTION OF .A TEMPORARY CONSTRUCTION EASEMENT (1B.T) LYING IN TRACT -H-, THE CLUB ESTATES A SUBDIVISION PER PLAT BOOK 31, PAGE 78, SECTION 10, TO\\t.ISHIP 50 S, RANGE 26 E COWER COUNTY, FLORIDA DESCRIPllON OF A 10-rOOT WIDE lEMPORARY CONS1RUCllON EASEMENT LYING IN lRACT "H- OF THE CLUB ESTAtES SUBDIVISION AS RECORDED IN PLAT BOOK 31, PAGE 78; SECTION 10, TOWl'lSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCE AT THE INTERSECllON OF THE SOUTH UNE OF SAID SUBDIVISION AND THE WESTERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 951; THENCE RUN NOO'SO'44"e:, A DISTANCE OF 809.59 FEET ALONG SAID ~STERL Y UNE TO THE SOUTH UNE OF SAID TRACT AND THE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A DELTA ANGlE OF 36'S2'Or, A RADIUS OF 50.00 FEET, A CHORD BEARING OF 519'6'5O"w AND A CHORD DISTANCE OF 31.62 FEET: THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT AND SAID SOUTH UNE A DISTANCE OF 32.17 FEET; THENCE RUN NOO'SO'44"e:, A DISTANCE OF 178.92 FEET; THENCE RUN S89'2'24"e:, A DISTANCE OF 10.00 FEET TO SAID ~STERLY RIGHT-OF-WAY UNE; THENCE ALONG SAID WESTERLY UNE SOO'SO'44"W, A DISTANCE OF 148.93 FEET TO THE POINT OF BEGINNING. CONTAINING 1,694 SQUARE FEET OR 0.04 ACRES, MORE OR LEss. :T~g> lW1~O~T SKETCH &: S1GNAnJRE THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)217-0722 FAX: (239)277-7179 EMAIL: SURvt:YlNGOCOONER.C0t.4 CLIENT: GREElEY AND HANSEN. LLC DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 03/09/05 SCALE: N/A I REV: lEMP. CONSTRUCllON EASEMENT IN TRACT "H". THE ClUB ESTAtES SEC. 10-50-26 PRO.ECT No: 030705W.A DWG NO:030705WA-ESM ISHEET: 2 OF 2 EXHIBIT Dr Page..d.L.of 3!:: Agenda Item No, 10B September 13, 2005 Page 31 of 64 7DIf:J1 t- PROJECT 7 01 ~ ~ PARCEL / '1. r FOLIO 00'1/ ~~ ~oool TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF . CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (19.T) IN THE NW t/4 OF THE SW 1/4 OF SECTION 14, TOWNSHIP 50 S, RANGE 26 E, COLLIER COUNTY, FLORIDA NORTH LINE OF THE SW 1/4 if) '" r:i cJ 100' R/W P.O.B. S901>O'oo"E 25.00' f: o : C!b Il'l 11') N b 25.00' ~ S90'00'00"W FOUO NO.: 004t828000t ';! w . .,. b 0 Il'l 0 o iii o N Z ~~ l::l8 5~ z~ 0....... (J)a:: f5~ ~~ :z:u j'J in .,. 0 .,. ci ~ 10 o N o Z m: F.P.&L.-FLORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY P.D.B.-POINT OF BEGINNING p.D.e.-POINT OF COMMENCEMENT NO.-NUMBER z o F u w en w Z ::J ~ P.O.C. SW CORNER OF SECTION 14 NB7"3B'03"E S LINE SECTION 14 100.16' ..... DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LYING IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 Of SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN N87'38'03"E. A DISTANCE OF 100.16 FEET ALONG THE SOUTH LINE OF SAID SECTION TO THE EAST LINE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY; THENCE RUN NOO'50'44"E. A DISTANCE OF 2610.0B FEET ALONG SAID EAST LINE TO THE POINT Of BEGINNING; THENCE CONTINUE ALONG SAID EAST LINE NOO'SO'44"E. A DISTANCE OF 25.00 FEET; THENCE RUN 590'00 'OO"E, A DISTANCE OF 25.00 FEET; THENCE RUN SOO'50'44"W, A DISTANCE OF 25.00 FEET; THENCE RUN S90'OO'OO" W, A DISTANCE OF 25.00 FEET TO SAID EAST LINE AND THE POINT OF BEGINNING. CONTAINING 625 SQUARE FEET OR 0.01 ACRES. MORE OR LESS. -~~~----- tiQIE.; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY OF DARREN TOWNSEND (FOR THE FIRM LB6773) SECTION 14. BASIS OF BEARING: STATE PLANE PROFESSIONAL SURVEYO'R AND MAPPER R T YS FL Z 'B3/' 0 FLORIDAJlCENSE N.o,"\S6;4.76 COO DIN A E STEM, A. EAST ONE, 9 . THIS ~ DAY,.pr,'~~/r;". 1~~ ' 2005. THIS IS NOT A SURVEY ./ J" jr', .'i~;;/:.:C{)ONER & ASSOCIATES, INC. -I: ' ", ~" SURVEYING AND MAPPING ',' '5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912 f'HONE: (239)277-0722 F....X: (239)277-7179 EMAll;SURVEYlNG@COONER.COM CLIENT: G~EEtE'l' AND ,HAIIISEN, iLC; :- DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DaiCAW"nOl'!: .,..' ~';:"':' DATE: 3/10/05 SCALE: '"-30' UTILITY EASEth.tJiT'n.w i8(.,~ fA;~" OF THE SW 1/4 'or;, ~C- 1.' ~6 PROJECT No: 03Q705W.A DWG No:030705WA-ESM SHEET: 1 OF 1 REV: 4-27-05 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT PARCEL FOLIO Agenda Item No. 10B September 13. 2005 Page 32 of 64 70t {)I r 7vt ~-~ :2.0,/ OOL.f/C,7P<.OcpD EXHIBIT .flL. Page-ZLof ~ SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (20.T) IN lHE SW 1/4 OF THE SW 1/4 OF SECTION 14, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FlORIDA 100' R/W in 0> :! Ii z c.S ~ u l# P.O.c. SW CORNER SEC'TlON 14 N8T38'03-E 100.16' FOUO NO.: m::-- 00416720000 II:: ~ S90'OO'00-E u.... z~ i 25.00' ~ ~~ .. : ffi~ 1U8 ~~ c~ ~ ~ ('oj 0 ~ u b 25.00' ~ jO 8 '- S90'OO'oo-W z ~" .., P.O.B. S UNE SECllON 14 11...'. ~ . .... z :J ~ KEY: C.R.-COUNTY ROAD f.P.&l.-FLORIDA POWER '" UGHT CO. R/W - RIGHT-OF-WAY O.R. - OfFICIAl RECORDS SOOK/pAGE P.O.S.-POINT OF BEGINNING P.O.C.-POINT OF' COMMENCEMENT NO.-NUMBER J~ ~~ J. DESCRIP'TlON Of A TEMPORARY CONSlRUCllON EASEMENT LYING IN THE SOUTHWEST 1/4 Of Tl-lE SOUTHWEST 1/4 OF' SECllON 14, TOWNSHIP 50 SOUTl-l. RANGE 26 EAST, COLUER COUNTY, FLORIDA: COMMENCING AT Tl-lE SOUTl-lWEST CORNER OF' SAID SECllON 14. Tl-lENCE RUN N8T38'03-E. A DISTANCE OF' 100.16 FEET ALONG Tl-lE SOUTl-l UNE OF SAID SECllON TO Tl-lE EAST UNE OF Tl-lE HENDERSON CREEK CANAL RIGHT-OF-WAY; Tl-lENCE RUN Noo'SO'+4"E, A DISTANCE OF 20.32 FEET ALONG SAID EAST UNE TO Tl-lE POINT Of BEGINNING; Tl-lENCE CONllNUE ALONG SAID EAST UNE Noo'SO'+4-E. A DISTANCE OF' 25.00 FEET; Tl-lENCE RUN S90'OO 'oo-E. A DISTANCE OF' 25.00 FEET; Tl-lENCE RUN SOO"5O'+4-W, A DISTANCE OF 25.00 FEET: Tl-lENCE RUN S90'OO'00- W, A DISTANCE Of 25.00 FEET TO SAID EAST UNE AND Tl-lE POINT OF BEGINNING. CONTAINING ~25 SQUARE FEET OR 0.01 ACRES, MORE OR LEss. '. " , ;i1''rjj7jj;j .--~--~-~-~-~~----- ;.::oiARRDt TOWNstNr)' (fOR ~Tl-lE FlRM LB6773) - PR~ONAL suR~ AND t.tAPPER - "~ORlQA..1JCENSE NO.,.;J;S 6476 - --o.I&--~ DAY OF:""" l1AuJ..l 2005. 6'< r .' '':/_"'-'. HQlE: Tl-lE PARCEL BEARING, DISTANCES, AND AREAS CALCULA lED ARE BASED ON A FlELD SURVEY OF SECllON 14. BASIS OF BEARING: STAlE PLANE COORDINAlE SYS'TEM, FLA. EAST ZONE. '83i90. nus IS NOT A SURVEY -.......>.. . JEFFREY C. COONER AND ASSOCIATES, INC. . . .. .. .. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)2n-7179 EM All.: SURVEYlNGOCOONER.COM WENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPnON: DATE: 3/10/05 SCALE: 1--30' I REV: 'TEMP. CONSTRUCllON EASEMENT IN Tl-lE SW 1/4 OF THE SW 1/4 Of SEC 14-50-26 PROJECT No: 030705W.A DWG NO:030705WA-ESM I SHEET: 1 OF 1 EXHIBIT A Page...l1Lof 3!r. Agenda Item No. 10B Selltem~~ 13,2005 10 rage 3!t"of 64 PROJECT 70t S .:<. PARCEL ;:z I, r FOLIO 00 y ~ 3 'I tf~t)O 'I TEMPORARY CONSTRUCTION EASEMENT (DURA nON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEJlPORARY CONSTRUCTION EASEJlENT (21.T) IN THE SW 1/4 OF THE NW 1/4 OF SECllON 23, TOYnllSH1P 50 S, RANGE 26 E, COWER COUNTY, FLORIDA N8T38'03"E NOR 100.16' 0. SECllON 23 CD cO 100' R/W 8 N ~ :n ~ 0> r:J~ ~ 0: 5g 8 rJ O"l N P.O.B. III ~ ~~ 589"09'16WE F= I&l 25.00 ;r: ~ 15;! . . : . . : ~~ b 8 8~ I&l ~u 10 ori .0 z o N N 8 :::J 0 FOUO NO.: ~ z 25.00' III 004.33440004 N89'OS'16WW ISO: C.R.-COUNTY RO~ F.P.&L.-FlORlDA POWER '" UGHT CO. R/W - RIGHT-Of-WAY O.R. - OFFICIAL RECORDS BOOKIPAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT Of' COMMENCEMENT NO.-NUMBER DF'SCRIPllON Of A TEMPORARY CONSTRUCllON EASEMENT LYING IN niE SOUniWEST 1/4 Of niE NORniWEST 1/4 Of SECllON 23. TOWNSHIP so SOUTH, RANGE 26 EAST, COWER COUNTY, flORIDA: COMMENCING AT THE NORTHWEST CORNER Of SAID SECllON 23, THENCE RUN N8T38'03we:, A DISTANCE OF 100.16 FEET ALONG THE NORTH UNE Of SAID SECTION TO THE EAST UNE Of THE HENDERSON CREEK CANAL RIGHT-Of-WAY: THENCE RUN Soo-SO'44wW, A DISTANCE Of 2068.89 FEET ALONG SAID EAST UNE TO THE POINT Of BEGINNING; THENCE RUN 589"09'16we:, A DISTANCE Of 25.00 FEET; THENCE RUN SOO"SO'44wW, A DISTANCE Of 25.00 FEET: THENCE RUN N89"09'16wW, A DISTANCE Of 25.00 FEET TO SAID EAST UNE: niENCE RUN Noo-SO'44wE, A DISTANCE Of 25.00 FEET ALONG SAID EAST UNE TO THE POINT OF BEGINNING. CONTAINING 625 SQUARE FEET OR 0.01 ACRES, MORE OR LESS. " :..... / " { ~..:., i >t~- ~P"CEL""- DISTANCES, AND"'" : ...'_..__-- _......._'"'_______ CALCULA lED ARE BASED ON A AELD SURVEY Of : ~~ TOWNSEND' CFORTHE ARM LB6n3) SECllON 23. BASIS Of BEARING: STA1E PLANE =. ~~SIONAI.. SUR~ AND MAPPER COORDINA1E SYSTEM. Fl.A EAST ZONE, '83i90. ~ .~~~~SEOFNO~\ , 2005. lHlS IS NOT A SURVEY "'--: "...-- REY C. COONER AND ASSOCIATES, INC. .,..,..... SURVEYING AND MAPPING 3900 COLONIAL BL W., SUIT[ 4. FORT M'tERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. U.C DRA\\tII BY: DKT CHECKED BY: JNW PARCEL DESCRIPllON: OAT[: 03/09/05 SCALE: 1w_.30' REV: TEMP. CONSTRUCllON EASEMENT IN THE SW 1/4 Of THE NW 1/4 OF SEC 23-50-26 PRO.ECT No: 0.30705W.A DWG No:0J0705W"-ESM SHEET: 1 OF 1 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Agenda Item No.1 DB September 13, 2005 Page 34 of 64 7o/[)1 "I- PROJECT tcn S-;2,. PARCEL ;2 ~. T FOLIO Doy 67r"iL{O/of&, ~~H~~ S~ SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEJlENT (22.T) IN THE NW 1/4 OF THE SW 1/4 OF SECTION 26, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FLORIDA P.O.C. >r-NWCORNER I SECTION 26 ~ "IJ S89"37'29"E .~ 100.00' <0 ": ;::: ~ NORlli UNE SECTION 26 " ~~ J, 100' R/W iii 0> Ii U <0 (>I z o F= u bI l&.I Z :J ~ :.t;..... 1:1" lr~ u....... ~ ~~ l'" g P.O.B. '- en --..... 59O'OO'00.E ~ 25.00' 'f ; . .; . g 8. ~ui ..;~ ~ (>I 25.00' .... ~ 59O'OO'oo.w muo NO.: 00438440106 ~~ lIIlr IS..... 0< ffi~ :I:U m: C.R.-COUNTY ROAD F.P.&:l.-FlORIDA POWER &: UGHT CO. R/W - RIGHT-OF-WAY O.R. - OmClAL RECORDS BOOK/F'AGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COtolMENca.tENT NO.-NUMBER DESCRIPTION OF A TEMPORARY CONSlRUCTlON EASEMENT LYING IN THE NORTHWEST 1/4 OF THE SOUlliWEST 1/4 OF SECTION 26, TOMolSHIP 50 SOUlli, RANGE 26 EAST, COWER COUNTY, FlORIDA: COUMENClNG AT lHE NORTHWEST CORNER OF SAID SECTION 26, lHENCE RUN S89"37'29"E, A DISTANCE or 100.00 FEET ALONG THE NORlH UNE or SAID SECllON TO THE EAST UNE or THE HENDERSON CREEK CANAL RIGHT-or-WAY; THENCE RUN SOO-SO'......."w, A DISTANCE OF 3371.76 FEET ALONG SAID EAST UHE TO THE POINT OF BEGINNING; THENCE RUN S9O"OO'00.E, A DISTANCE OF 25.00 FEET; THENCE RUN SOO'SO''''''''.W, A DISTANCE OF 25.00 FEET; 'JloiENCE RUN S90"OO'OO.W. A DISTANCE or 25.00 FEET TO SAID EAST UNf; THENCE RUN NOO'SO''''''''.E, A DISTANCE or 25.00 FEET ALONG SAID EAST UNE TO THE POINT OF BEGINNING. CONTAINING 625 SQUARE FEET OR 0.01 ACRES, MORE OR LESS. .?E!2;iv G,' '> ....:.' ,. ,.". I. ' . .'.,' /,., .... _,f ~ -" . ------~----- ~ 1'OWN~ (FOR.:.,THE ARM LB6773) F'~ctFEssIoNAL Sl:IR\IEYOR AND MAPPER F-,pm~)pCENSE NO. LS ;t76 __Tt!ft~'-~AY OF .' ,ciGcH 2005. ttQIE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A AElD SURVEY. BASIS or BEARING: STAlE PlANE COOROlNAlE SYSTELt, FlA. EAST ZONE, '83/90. n.us IS NOT A SURVEY -.."....:-.:..JEFf"REy C. COONER AND ASSOCIATES, INC. -', -.. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, F1..ORIOA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM ClIENT: GREElEY AND HANSEN. LLC DRAWN BY: DKT CHECKED BY: ,J\lW PARCEl DESCRIPnON: DA TE: 03/09/05 SCAlE: '.-JO' I REV: TEMP. CONSTRUCTION EAsatENT IN 'JloiE NW 1/4 OF lHE SW 1/4 OF SEC 26-50-26 PRo.ECT No: 030705W.A OWG No:030705WA-ESIiI ISHEET: 1 a:- 1 EXHIBIT~ Page ~of..;l:J...- Agenda Item No. 10B September 13, 2005 7 PS.Qe 35 of 64 015 I r- PROJECT "7 t)/r:J... PARCEL .:2 3, T F OLl 0 5"5' '-I :z S- 0 c> 7:<. 5""') TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT {2S.T) LYING IN TRACT 12, LEL Y RESORT PHASE ONE A SUBDIVISION PE PLAT BOOK 16, PAGE 87, SEC1l0N 27, TOWNSHIP 50 S. RANGE 26 E COLUER COUNTY, FLORIDA GRAND LEL Y DRIVE PER PLAT wm.s; 1.THE PARCEL BEARING. DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY. BASlS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE. '83/,90. 2.LOCATION OF EASEMENT REVISED ON 04/14/05. P.O.C. NE CORNER TRACT 12 AT W R/W C.R. 951 FOLIO NO.: 55425003255 l- e.> < !: t :.r~ "" "" ~:t "" 15 8 (I) , S90'00'00"E \, P.O.B. j.oI 25.00' ~ "" . ."" "" 0 8 "" b ~ iii ~ I ~ ('l 25.00' N ~ S90'00'OO.W N - ill: C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO.-NUMBER DA-DELTA ANGLE R-RADIUS L-LENGTH CB-CHORD BEARING C-CHORD DISTANCE t~~ in 0> o! 1Il.... U ....0.. W !1t1- Z uZ ::J (I).... ~ o::E , 3~ a: llJ ~ 1 ~ ~ll ~e t i t.~,{~r_-~_G',.~." ';;. ~6,;"!:,,~..,,,: " .', Q"" . ......; ~.I' :..,~. ,:.~)._#..... ,/~I'" ~_".;' 1',~, ~,,:-. --..:..:,-. -~-- , "-.,;~:;..~--- '::~~Eflt1'OWNSEfllD Q:QR;:rns; FIRM LB6773) NOT VALID WITHOUT ~OfE~!;!NAL SU13VEY()R- AfW MAPPER DESCRIPTION ON SHEET 2 OF 2 P.'.;ORIDA:' UCENSE;NOt'j"S .E.4?'6 _~S".fHDAY OF/'.... .&~II.. 2005. THIS IS NOT A SURVEY ....,. ~,,;' __.~..--.<~.~j: COONER & ASSOCIATES, INC. "r:i,~. . - Ii '.~\", SURVEYING AND MAPPING """,,,,,,.,,.... 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNGCCOONER.COt.A CLIENT: GREELEY AND HANSEN. ll.C DRAVtN BY: DKT CHECKED BY: JNW PARCEL DESCRIPTION: DATE: 03/14/05 SCALE: 1"-30' REV; 04/14/05 TEMP. CONSTRUCTION EASEMENT IN TRACT 12, LELY RESORT PHASE 1 SEC. 27-50-26 PROJECT No: 030705W.A DWG No:030705WA-ESM SHEET: 1 OF 2 EXHIBIT 4 Page...iLof 3!C PROJECT PARCEL F OU 0 Agenda Item No. 108 September 13. 2005 Page 36 of 64 7olS-; f- -'n/~~ TEMPORARY CONSTRUCTION EASEMENT (DURA TION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ,;; 3. T 6~ if .;z ~oo ] ;Z !ls- SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (23. T) LYING IN TRACT 12, LEL Y RESORT PHASE ONE A SUBDIVISION PE~' PLAT BOOK 16, PAGE 87, SECTION 27, TOWNSHIP 50 S, RANGE 26 E COLUER COUNTY. FLORIDA DESCRIPTION OF' A TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT 12 OF' LEL Y RESORT PHASE ONE SUBDIVISION AS RECORDED IN PLAT BOOK 16. PAGE 87; SECTION 27, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY. F'LORIDA: COMMENCE AT THE NORTHEAST CORNER SAID TRACT, SAID CORNER LYING ON THE WESTERLY RIGHT-OF'-WAY LINE OF' COUNTY ROAD 951 AND SUBTENOING THE ARC OF' A CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN SOO'50'44"W, A DISTANCE OF' 448.44 FEET ALONG SAID WESTERLY LINE TO THE POINT OF' BEGINNING; THENCE RUN SOO'SO'44"W. A DISTANCE OF' 25.00 F'EET; THENCE RUN S90'00'00.W. A DISTANCE OF' 25.00 FEET; THENCE RUN NOO-SO'44"E, A DISTANCE OF' 25.00 FEET; THENCE RUN S90'00'OO.E , A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. CONTAINING 625 SQUARE FEET OR 0.01 ACRES. MORE OR LESS. NOT VALID WITHOUT SKETCH & SIGNATURE ON SHEET 1 OF' 2 THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EM All: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, U.C DRAWN BY: DKT CHECKED BY; J.N.W. PARCEL DESCRIPTION: DATE: 03/09/05 SCAlE: N/A REV: 04/14/05 TEMP. CONSTRUCTION EASEMENT IN TRACT 12. LEL Y RESORT PHASE 1 SEC. 27-50-26 PROJECT No: 030705W.A DWG NO:030705WA-ESM SHEET: 2 OF' 2 EXHIBIT .lL P8g1~of~ Agenda Item No, 1 DB September 13, 2005 701 s-f',Ilgp7 of 64 PROJECT 70 ( 6- ;;t PARCEl ;Z Go. P FOLIO OD 7 ;2 '-It:.Lf 000 S- SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEJlENT (26.P) LYING IN SECTION 3. TOWNSHIP 51 S. RANGE 26 E . COLLIER COUNTY, FLORIDA 1: tit, ">'4,1. o~>> ~I ;'''I~ ~~ J"('~ (G:'s >--1' '1l,~ ) P.O.B. NW CORNER PARCEL I ~ CI> ~. ". ~ --:5 f ~ ,.y ~ 0, ~. ". ~ --:5 ~~ ,.y PARCEL I AS DESCRIBED IN O.R. BOOK 3293, PG. 2886 FOUO NO.: 00724640005 NOT VALID Vo1THOUT DESCRIP110N ON SHEET 2 OF 2 ID: C.R.-COUNTY ROAD F.P.&L.-FLORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOl</PAGE P.O.B.-POINT OF BEGINNING U.S.-UNITED STAlES NO.-NUMBER ~ THE PARCEL BEARING. DISTANCES, AND AREAS CALCULA lED ARE BASED ON A FIELD SURVEY. BASIS OF BEARING: STAlE PLANE COORDINATE SYSIEM, FLA. EAST ZONE, '83(90. ". i~ir'~ii>" PROJECT No: 030705W.A DWG No:030705WA-ESU REV: 4-27-05 SHEET: 1 OF 2 EXHIBIT .1L Pag&~of~ Agenda Item No. 1 DB September 13, 2005 Page 38 of 64 lOt ~/ t- PROJECT 7 01 .;-~ PARCEL ;2 (" P FOLIO 007 Ol. 'i ~ If "//0 ~ SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (26.P) LYING IN SECTION 3, TOWNSHIP 51 S. RANGE 26 E COLUER COUNTY, FLORIDA DESCRIPTION: A PERMANENT UTILITY EASEMENT L YlNG IN SECTION 3, TO'M'lSHIP 51 SOUTH, RANGE 26 EAST, COlliER COUNTY, FlORIDA BEING MORE P ARllCULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER Of PARCEL I AS DESCRIBED IN OFFICIAL RECORD BOOK 3293, PAGE 2886, SAID POINT LIES ON THE SOUTHEASTERLY RIGHT-Of-WAY LINE OF COUNTY ROAD 951; THENCE ALONG THE NORTH LINE OF SAID PARCEL J S54"21'52"E, A DISTANCE OF 26.50 FEET; THENCE S 3S'3B'S9"W, A DISTANCE OF 343.24 FEET; THENCE SIB'S8'OB"E, A DISTANCE OF 51.87 FEET; THENCE S3S' 3B'OB"W. A DISTANCE OF 26.71 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF TAMIAMI TRAIL (U.S. 41); THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE N54'2I'S2"W, A DISTANCE OF 10.18 FEET; THENCE N24'21'35"W, A DISTANCE Of 69.99 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF C.R. 9S1; THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE LINE N35'3B'S9"E, A DISTANCE OF 365.00 FEET TO THE POINT OF BEGINNING. CONTAINING 12,104 SQUARE FEET OR 0.2B ACRES, MORE OR LESS. ~~\~~~If lW1;O~T SKETCH & SIGNATURE THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912 PHONE; (239)277-0722 FAX: (239)277-7179 EM AIL: SURVE'YlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LlC DRAWN BY: OKT CHECKED BY: J.N.W. PARCEL DESCRJPllON: DAlE: 03/16/05 SCALE: N/A REV: 4-27-05 PERMANENT UTILITY EASEMENT IN SEe 03-51-26 PROJECT No: 030705W.A DWG NO:030705WA-ESM SHEET: 2 OF 2 EXHIBIT L Page ..3.!::Lof .-5:1- TEMPORARY CONSTRUCTION EASEMENT (DURA TlON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Agenda Item NO.1 08 September 13, 2005 2a.qe 39 of 64 70 / 'il r +- PROJECT '7 0' !>- ? PARCEL ;2.7. T FOLIO 007 2'f-rCWo 7 SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (27.T) IN THE NW 1/4 SECTION 3, TOWNSHIP 51 S, RANGE 26 E COLLIER COUNTY, FLORIDA .... N It) i.o !'l N o Z Sip ~ <'1.1t(' ~s . 'I, (~ r..,~ :~1J: ~ '0 o o .., S89'S3'59"W 54.40' PARCEL AS DESCRIBED IN O.R. BOOK 1323, PG. 1389 FOLIO NO.: 00724800007 m: C.R.-COUNTY ROAD F.P.&L-FlORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFlOAL RECORDS BOOK/PAGE P.D.B.-POINT OF BEGINNING P.D.C.-POINT OF COUMENCEMENT NO. -NUUBER U.S.-UNITED STATES HIGHWAY NO. P.O.C. INTERSECTION OF SW R/W LINE U.S. 41 AND SE LINE OF PARCEL PER O.R. 1323, PAGE 1389 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT L YlNG IN 'THE NORTHWEST 1/4 SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCING AT THE INTERSECTION OF THE SOUTHWEST RIGHT-OF-WAY LINE OF U.S. 41 (TAMIAUI TRAIL) AND THE SOUTHEASTERLY LINE OF A PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 1323. PAGE 1389, PUBLIC RECORDS OF COLLIER COUNTY, THENCE RUN N54'21'52"W, A DISTANCE OF 274.08 FEET ALONG SAID SOUTHWEST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING; THENCE RUN SOO'06'OI"E, A DISTANCE OF 30.00; THENCE RUN S 89'53'59"W, A DISTANCE OF 54.40 FEET TO THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 951 AS RECORDED IN OFFICIAL RECORD BOOK 1456, PAGE 1244, PUBLIC RECORDS OF COLLIER COUNTY; THENCE RUN ALONG SAID EAST LINE FOR THE FOLLOWING TWO (2) CALLS: 1) N02"26'52"E, A DISTANCE OF 7.44 FEET; 2) N35'38'OS"E. A DISTANCE OF 49.90 FEET TO AN INTERSECTION WITH SAID SOUTHWEST RIGHT-OF-WAY LINE OF U.S. 41; THENCE RUN S54"21'52"E, A DISTANCE OF 30.71 FEET ALONG SAID SOUTHWEST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. CONTAININ~,J~P~~SQUA~~.FEET OR 0.04 ACRES, MORE OR LESS. ,,~~~~~}.,,~..,' . /~":" '" f:t)~~.~~.;:...""'<:' /.~:,- ~~f~ARCEL BEARING. DISTANCES. AND AREAS __~~./' .~: t- ~ :/. ~7~. CAlCULATED ARE BASED ON A FIELD SURVEY. OARb'f.o~SENO (F THe FIRtil LB6773) BASIS OF BEARING: STATE PLANE COORDINATE PRo~~~6NAL. -SURVE'10R');tllO~"1tiAPPER SYSTEM, FLA. EAST ZONE. '83(90. FLORI:9.Ay"OENSE NO. LS 647.6:: THIS IS NOT A. SURVEY 11-IIS r.t.:..;o,Al(.,9r..".. r.'l:.",(:U 2005. 1'\ ,.,.:.... ;ctt..... COONER & ASSOCIATES, INC. n....'. SURVE'r1NG AND MAPPING 5670 ZIP DRIVE, FORT MYERS. FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVE'r1NGCCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIPllON: DATE: 03/31/05 SCALE: 1"-30' TEMP. CONSTRUC1l0N EASEMENT IN THE NW 1/4 SEC1l0N 03-51-26 PROJECT No: 03Q705GH DWG No;030705WA-ESIol REV: SHEET; 1 OF 1 EXHIBIT_A Page~oI:TJ: Agenda Item No. lOB September 13. 2005 701 f'Jlg~O of 64 PROJECT '/0 I c;- ;;J... PARCEL ;2. 75. P FOLIO :3 '-f tlf 00 qoooo SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (28.P) lYING IN TRACT 2, GATOR GATE UNIT 2 PlA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA S R/W LINE STATE ROAD 84 (DAVIS BOULEVARD) ~ . I~ g..... .0 0[10 I/') 0 o Ul NB9'43'32"W 100.00' P.O.C. NE CORNER SEC1l0N 3 N LINE SEC1l0N 3 NE CORNER GA TOR GA TE UNIT 2 N LINE ~ . ~ o ... ~n~ ..... b - 0 Ul 589'42'45.E .I 25.00' P.O.B. FOLIO NO.: 34740080000 O.R. 2503, PAGE 2555 PARCEL B b l"') .,; ..... b o lli '" '" ;;:; CI> ci c...i 4J Z :J m: C.R.-COUNTY ROAD F.P.&:L.-FLORIDA POWER &: LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT NO.-NUMBER DA-DELTA R-RADIUS L-LENGTH CB-CHORD BEARING C-CHORD DISTANCE DA-3"1S'S6. R=9D5.71' L-S1.8S' C8=N27"S7'S3.W C=Sl.88' ~ . ..,. ... b \0 g Ul NOT VALID WITHOUT DESCRIP1l0N ON SHEET 2 OF 2 PROPOSED PERMANENT UTILITY EASEMENT ~ " a: ~ ~ THE PARCEL BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF THE NORTH LINE OF SEC1l0N 2 AND THE WEST R/W LINE OF C.R. 951. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE. '83/"90. ___uO ~ ___ DARREN TOWNSEND (FOR THE FIRM LB6773) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE N.Q;~ 647.6 THIS ~ DAY'ci.K.~e&I~'. -.'. . 2005. THIS IS NOT A SURVEY >.'COONER & ASSOCIATES, INC. ': ' SURVEYING AND MAPPING . . 5ti70 ZIP DRIVE, FORT MYERS, FLORIDA 33912 ~ l'~ON~:- <~;3~),2.77f0722 FAX: (239)277-7179 EMAll: SURVEYlNGOCOONER.COM CLIENT: GRE!4Lr.At'lD I'1ANSEiII,.li.c-::. DRAWN BY: DKT CHECKED BY: JNW PARCEL DESC~1lGN:"-"'-.. ~,. .,)~., DATE: 03/17/05 SCALE: 1"-40' PERMANENT UllLl1Y,&AS~T lJiMt;T 2, GATOR GATE UNIT 2, 'Sm"itJ.OO:"26 PROJECT No: 030705W.A . ~'.". ' REV: 4-27-05 DWG NO:OJ0705W....-ESM SHEET: 1 OF 2 EXHIBIT .1L Page ~...::il..- PROJECT PARCEL FOLIO Agenda Item No 1 DB September 13, 2005 7 01 ~ia~1 of 64 ?Ol!""-:J- ';)"'6. ? '5 '-I 7 '-I t)t.?<6 000 0 SKETCH AND DESCRIPTION OF A PERJl.ANENT UTIliTY EASEMENT (28.P) L YlNG IN TRACT 2, GATOR GATE UNIT 2 PLAT BOOK 7, PAGE 54; SECTION 3. TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY. FLORIDA DESCRIPTION OF A PERMANENT UTILITY EASEMENT L YlNG IN TRACT 2, GATOR GATE UNIT 2 A SUBDIVISION AS RECORDED IN PLAT BOOK 7, PAGE 54; SECTION 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCE AT THE NORTHEAST CORNER OF SAIO SECTION; THENCE RUN N89'4.3'.32"W, A DISTANCE OF 100,00 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE SOO'50'44"W, A DISTANCE OF 50.00 FEET TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 84 (DAVIS BOULEVARD) AND THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951; SAID POINT BEING THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE RUN SDO-SO'44"W, A DISTANCE OF 175.00 FEET ALONG SAID WESTERLY LINE TO THE NORTH LINE OF PARCEL B AS DESCRIBED IN OFFICIAL RECORD BOOK 250.3, PAGE 2555 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOO'50'44"W, A DISTANCE OF 225.00 FEET TO THE CURVED SOUTH LINE OF SAID PARCEL B AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A DELTA ANGLE OF 0.3'6'56", A RADIUS OF 905.71 FEET, A CHORD BEARING OF N27'57'53"W AND A CHORD DISTANCE OF 51.88 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT AND SAID SOUTH LINE A DISTANCE OF 51.88 FEET; THENCE RUN NOO'50'44"E, A DISTANCE OF 179..30 FEET TO SAID NORTH LINE; THENCE RUN S89'42'45"E ALONG SAID NORTH LINE A DISTANCE OF 25.00 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING. CONTAINING 5,041 SQUARE FEET OR 0.12 ACRES. MORE OR LESS. ~~\~~~I~ lW16~0~T SKETCH /Ie SIGNATURE THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE. FORT MYERS. FLORIDA 33912 PHONE;, (239)277-0722 FAX; (239)277-7179 EM AIL: SURVEYlNGOCOONER,COM CLIENT: GREELEY AND HANSEN, LLC DRAWN By: DKT CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 0.3/17/05 SCALE: N/A I REV: 4-27-05 PERMANENT UTILITY EASEMENT TRACT 2, GATOR GATE UNIT 2, SEC. .3-50-26 PROJECT No; 030705W.A DWG NO:030705WA-ESM I SHEET: 2 OF 2 EXHIBIT L Pege.l[Lof~ Aoenda Item NO.1 DB September 13, 2005 701 sa?e ~ of 64 PROJECT 7 01 ~;:t PARCEL ~ 9, ? F OLI 0 3 '-f t:. '1 Do '? 000 'i? SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (29.P) LYING IN TRACT 2, GATOR GATE UNIT 2 PLAT BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA N LINE SECTION 3 ~ 'I~ o "" o. .0 S R/W LINE gl~ VI STATE ROAD 64 (DAVIS BOULEVARD) NE CORNER GA TOR GA TE UNIT 2 """'" ''''"'''"' ~ ~ u nu TY EASEMEN T "1- o~ ~ o . <" g~ \ "11'8 VI ~ ,... FOLIO NO.: oti v 34690080008 It') O.R. 2962, PAGE 0221 w ~ . ~ . iO "" 0 "" C1> I" 0 Ii 0 I" U 0 0 z 0 w C/) z S LINE ::; ~ "- It: ~ N89'43'32.W 100.00' P.O.C. NE CORNER SECTION 3 DA=316'56. R=905.71' L-51.88' CB-S27"57'53.E C=51.88' PROPOSED PERMANENT UnUTY EASEMENT !SEX: C.R.-COUNTY ROAD F.P.&L.-FLORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O.B.-POINT Of BEGINNING P.O.C.-POINT Of COMMENCEMENT NO.-NUMBER DA-DELTA R-RADIUS L-LENGTH C8-CHORD BEARING C-CHORD DISTANCE NOT VALID 'NITHOUT DESCRIPTION ON SHEET 2 OF 2 ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY OF THE NORTH LINE OF SECTION 2 AND THE WEST R/W LINE OF C.R. 951. BASIS OF BEARING: DARREN TOWNSEND (FOR THE FIRM LB6773) STATE PlANE COORDINATE SYSTEM. FLA. EAST PROFESSIONAL SURVEYOR. AND MAPPER ZONE, '83/'90. ~?:I.~~.llg~~S~FN1~~~_. 2005. THIS IS NOT A SURVEY J.~;.C . NER & ASSOCIATES, INC. . . SURVEYING AND MAPPING . 56:70 ZIP DRIVE, FORT MYERS, flORIDA 33912 : PHPNE: -(239):P7-:.Q722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CLIENT: GREEi.t't.A1ll.D ~~. !J:t:.", DRA'MII BY: DKT CHECKED BY: JNW PARCEL DESCRl,pOOtt........ -.: ,.; DATE: 03/17/05 SCALE: 1"-40' PERMANENT UT1L1WrJ;Ast;Mf~~~ 2, GA TOR GA TE UNIT 2. ~ge~, .l'l"!ilG1.:26 ---~------ , .;.~-.~,';;,.,~ <Ii," . PROJECT No: 030705W. A DWG NO:030705WA-ESM REV: 4-27-05 SHEET: 1 OF 2 EXHIBlTL Page ....3:ir...PI ::zr: Agenda Item No. 10B September 13, 2005 7 o,F;;Ige 4L3 of 64 PROJECT 70( ~-:::t... PARCEL ;2 9. P FOLIO s'it:, 90o<?oc>o'i/ SKETCH AND DESCRIPTION OF A PERJl.ANENT UTILITY EASEMENT (29.P) LYING IN TRACT 2, GATOR GATE UNIT 2 PLAT BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLUER COUNTY, FLORIDA DESCRIPTION OF A PERMANENT UTILITY EASEMENT LYING IN TRACT 2, GATOR GATE UNIT 2 A SUBDIVISION AS RECORDED IN PLAT BOOK 7, PAGE 54; SECllON 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION; THENCE RUN N89'43'32"W, A DISTANCE OF 100.00 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE SOO'50'44.W, A DISTANCE OF 50.00 FEET TO THE INTERSECllON OF THE SOUTH RIGHT-OF-WAY LINE Of' STATE ROAD 84 (DAVIS BOULEVARD) AND THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951 SAID POINT BEING THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE RUN SOO'50'44.W, A DISTANCE OF 400.00 FEET ALONG SAID WESTERLY LINE TO THE NORTH LINE OF A PARCEL AS DESCRIBED IN OffiCIAL RECORD BOOK 2962, PAGE 0221 AND THE POINT OF BEGINNING; THENCE CONllNUING ALONG SAID WESTERLY LINE AND THE EAST LINE OF SAID PARCEL SOO'5O'44.W, A DISTANCE OF' 500.02 FEET TO THE SOUTH LINE OF SAID PARCEL; THENCE RUN NB9'43'32.W, ALONG SAID SOUTH LINE A DISTANCE OF 25.00 FEET; THENCE RUN NOO'50'44"E, A DISTANCE OF 545.72 FEET TO THE CURVED NORTH LINE OF SAID PARCEL AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A DELTA ANGLE OF 0316'56", A RADIUS OF 905.71 FEET, A CHORD BEARING OF S27'57'53"E AND A CHORD DISTANCE OF 51.88 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT AND SAID NORTH LINE A DISTANCE Of' 51.88 FEET TO SAID WESTERLY RIGHT-Of' -WAY LINE AND THE POINT OF BEGINNING. CONTAINING 13,085 SQUARE FEET OR 0.30 ACRES, MORE OR LESS. ~~T S~~~~ lW16~0~T SKETCH & SIGNATURE THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE. FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 03/17/05 SCALE; N/A I REV: 4-27-05 PERMANENT UllLlTY EASEMENT TRACT 2, GATOR GATE UNIT 2, SEC. 3-50-26 PROJECT No: 030705W.A DWG No:030705WA-ESM I SHEET: 2 OF 2 EXHIBIT -L Page~2L PROJECT PARCEL F OU 0 Agenda Item NO.1 DB September 13, 2005 lOt d'?98f14 of 64 70 t ~ ~ 3o,? ';- '7 7 1:( Co I Cf "? 7 SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (30.P) lYING IN MARKET CENTER SUBDIVISION, lOT 6 PlA T BOOK 41, PAGE 60; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FlORIDA S R/W LINE STA TE ROAD 84 (DAVIS BOULEVARD) :5: . I..... 0.... ~b ~I~ III N89'43'32'w 100.00' P.O.C. NE CORNER SECTION 3 N LINE SECTION 3 NE CORNER GA TOR GATE UNIT 2 PLAT BOOK 7, PAGE 54 PROPOSED PERMANENT ~ UTILITY EASEMENT I ..... :5: . . ... "'.... O' .0 o lI'l a: 15 III N LINE MARKET CENTER 589'43'32'E 1 25.00' P.O.B. NE CORNER MARKET CENTER FOLIO NO.: 59712001487 ~ co ..; lI'l P") in o oj '" f") S89"'!4'27"W 0.70' w :5: ~ ~ .... Ii'i b 0 Ol 10 !O Ii 0 0 0 0 cj Z III W z :J ~ t:r :5: !S.E.X : C.R.-COUNTY ROAD F.P.&:L.-FLORIDA POWER &: LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O. B.-POINT Of BEGINNING P.O.C.-POINT Of COMMENCEMENT NO.-NUMBER DA-DEL TA R-RADIUS L-LENGTH CB-CHORD BEARING C-CHORD DISTANCE LOT 6 S LINE LOT 6 TRACT R-l NOT VALID 'MTHOUT DESCRIPllON ON SHEET 2 OF 2 __Z2~_____ DA-88'23' 43' R=2S.00' L=38.S7' CB=S4S'02'3S"W C..34.86' !:l.QIE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY OF THE NORTH LINE OF SECTION 2 AND THE WEST R/W LINE OF C.R. 951. BASIS OF BEARING: STA TE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/,90. DARREN TOWNSEND (FOR THE FIRM LB6773) PROFESSIONAL SURVE'l9R.hND MAPPER FLORIDA L1CENSE..NCl'.'LS p~.1o THIS ,,7..J.;DA'!'9\1.1.....irp~'j, .... 2005. THIS IS NOT A SURVEY - " .~;.,'/:: .'GONER & ASSOCIATES, INC. / r:.1 :: "," ". SURVEYING AND MAPPING .' ,. '" S670 ZIP DRIVE. FORT MYERS, FLORIDA 33912 ~1;ONE: . (:P!il)277:-9722 FAX: (239)277-7179 EM AIL: SURVEYlNGOCOONER,COM CLIENT: GRr;;EI;(Y',:"ND--tIJ'i'ISEN,.ll9' . DRAWN BY: DKT CHECKED BY: JNW PARCEL DE~-liON;.....< ',. ,~' DATE: 03/17/05 SCALE: 1"-40' REV: 4-27-05 PERMANENT Um:.UY El!;~. _" LOT 6, MARKET C~~;::~f;C:'-;'::50-26 PROJECT No: 030705W.A DWG NO:DJ0705WA-ESIoI SHEET: 1 OF 2 EXHIBIT .Jl... Page ~of....5.L. PROJECT PARCEL FOLIO Agenda Item No. 10B September 13, 2005 7 Page 45 of 64 ()/~I or- 701 S--:2 30.P 5' q 7 I ;Z DO I Lf~7 SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (30.P) LYING IN MARKET CENlER SUBDIVISION, LOT 6 PLAT BOOK 41, PAGE 60; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA DESCRIPTION OF A PERMANENT UTILITY EASEMENT L YlNG IN LOT 6, MARKET CENTER SUBDIVISION AS RECORDED IN PLAT BOOK 41. PAGE 60; SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION; THENCE RUN N89'43'32"W, A DISTANCE OF 100.00 FEET ALONG THE NORTH LINE OF SAID SECTION: THENCE SOO"50'44"W. A DISTANCE OF 50.00 FEET TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 84 (DAVIS BOULEVARD) AND THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE RUN S00"50'44"W. A DISTANCE OF 900.02 FEET ALONG SAID WESTERLY LINE TO THE NORTHEAST CORNER OF SAID SUBDIVISION AND THE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID WESTERLY LINE AND THE EAST LINE OF SAID SUBDIVISION SOO'50'<<"W. A DISTANCE OF 329.05 FEET TO THE CURVED SOUTH LINE OF SAID LOT 6 AND THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A DELTA ANGLE OF 88"23'43", A RADIUS OF 25.00 FEET, A CHORD BEARING OF S45'02'35"W AND A CHORD DISTANCE OF 34.86 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT AND SAID SOUTH LINE A DISTANCE OF 38.57 FEET: THENCE CONTINUING ALONG SAID SOUTH LINE S89i4'27"W A DISTANCE OF 0.70 FEET; THENCE RUN NOO'50'44"E, A DISTANCE OF 353.82 FEET TO SAID NORTH LINE; THENCE RUN 589'43'32"E ALONG SAID NORTH LINE A DISTANCE OF 25.00 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING. CONTAINING 8.715 SQUARE FEET OR 0.20 ACRES, MORE OR LESS. ~~\~~~If lW1~O~T SKETCH & SIGNATURE THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIl: SURVEYlNGOCOONER.COt.A CUENT: GREELEY AND HANSEN. LLC DRAWN BY: OKT CHECKED BY: J.N.W. PARCEl DESCRIP1l0N: DATE: 03/17/05 SCALE: N/A I REV: 4-27-05 PERMANENT UTILTlY EASEMENT LOT 6, MARKET CENTER; SEC. 3-50-26 PROJECT No: 030705W.A DWG No:03070aWA-ESM I SHEET: 2 OF 2 EXHIBIT A . - P8ge -..!:i.LoI ~ Agenda Item No 10B September 13, 2005 7 61 ?,9~6 of 64 PROJECT -, 01 S-::l.. . PARCEL :? I. P FOLIO of,- q 7/ .:< O&>{ 5'?l'o SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (3t.P) LYING IN MARKET CENTER SUBDIVISION, LOT 5 PLAT BOOK 41, PAGE 60; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COWER COUNTY. FLORIDA N UNE SECTION 3 J ~ bJ~ o. O)~ 100 o Ul P.O.e. NE CORNER SECTION 3 N89'4J'32.W 100.00' S R/W UNE STATE ROAD M (DAVIS BOULEVARD) NE CORNER GATOR GATE UNIT 2 PLAT BOOK 7, PAGE 54 1RACT R-1 N UNE LOT 5 ~ ~ b \0 o o Ul DA-90'OO'OD. R-25.00' L-39.27" CB-S44"09'lS.E C-35.3S' ':to N ,..: 1;j J P.O.B. NE CORNER bLOT 5 ...; Ol - FOUO NO.: 59712001380 1RACT "F" S04'4Q'44"W 15.73' KEY: C.R.-COUNTY ROAD f.P.&L-A.ORIDA POWER '" UGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFlClAL RECORDS BOOK/pAGE P.O.B.-POINT OF BEGINNING P.O.e.-POINT OF COMMENCEMENT NO.-NUMBER DA-DaTA R-RADIUS L-lENGTH CB-CHORD BEARING C-CHORD DISTANCE LOT 5 t.J ~ b III o o z ~ . ..,. ..,. b \0 8 Ul N().4.'4Q'44"E 17.25' S UNE LOT 5 iii Ol NOT VAUD WITHOUT DESCRIPTION ON SHEET 2 OF 2 .!'-" '"'.. ..l'~-2]'<'-~:?a"" ..."; "Cv ~.I." .. .;/t -:. 2 :j. .. .:..- . _ .;," ~ .~ -~-~ ---------~--,--- _ . r _... . ~ ,'" _. ~1IDt'.Wi\t.lSENt) (FOR ICft::. ARM LB6n3) ~P.OF:ESSleNAL SURVEYOR:';..t.$ MAPPER tLcmlq~ JTr.ENSE'tlO/ts ,~47tS ~I~~DAY OF..~..".. ~t.;uf..l ,... .'. .. ',~ .... ~ D:: ~ tfim: THE PARca BEARING, DISTANCES, AND AREAS . CALCULATED ARE BASED ON A AElD SURVEY OF THE NORTH UNE Of SECTION 2 AND THE WEST R/W UNE OF C,R. 951. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '8Ji90. THIS IS NOT A SURVEY Y C. COONER AND ASSOCIATES, INC. SURVEYING AND UAPPING 3900 COLONIAL BLVD., SUITE 4, FORT UYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVE'l1NGCCOONER.COU CUENT: GREELEY AND HANSEN, LtC DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIPTION: DATE: 03/17/05 SCALE: 1.-40' PERMANENT UTlL llY EASEMENT LOT 5, MARKET CENTER; SEC. 3-50-26 PROJECT No: 030705W.A 2005. ',. '>0, -"oCt: ....". U,~).. ...~,.!' ~^.. ~. ~ r r '~: ~;..: ..'J~ DWG No:030705WA-ESM REV: SHEET: 1 OF 2 EXHIBIT ...LL Page~of ..21- Agenda Item No, 10B September 13, 2005 701 G"agerl47 of 64 PROJECT 70 I ;- <- PARCEL 3/. P FOLIO sq 71 ~oo 13 ~O SKETCH AND DESCRIPTION OF A PERMANENT UTILITY EASEJlENT (SI.P) L YlNG IN MARKET CENTER SUBDIVISION" LOT 5 PLAT BOOK 41, PAGE 60; SEC110N 3, TOWNSHIP 50 S, RANGE 26 E COWER COUNTY, FLORIDA DESCRIPll0N Of A PERMANENT UllUTY EASEMENT LYING IN LOT 5, MARKET CENTER SUBDIVISION AS RECORDED IN PLAT BOOK 41, PAGE 60; SECll0N 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA: COt.lt.lENCE AT THE NORTHEAST CORNER OF SAID SECll0N; THENCE RUN N89'43'32"W, A DISTANCE Of 100.00 FEET ALONG THE NORTH UNE OF SAID SECll0N: THENCE SOO'50'44"W, A DISTANCE Of 50.00 FEET TO THE INTERSECllON Of THE SOUTH RIGHT-OF-WAY UNE Of STATE ROAD 84 (DAVIS BOULEVARD) AND THE v.6TERLY RIGHT-Of-WAY UNE Of COUNTY ROAD 951; THENCE RUN SOO'SO'44"W, A DISTANCE OF 900.02 FEET ALONG SAID WESTERLY UNE TO THE NORTHEAST CORNER Of SAID SUBDIVISION: THENCE CONllNUING ALONG SAID WESTERLY UNE AND THE EAST UNE Of SAID SUBDIVISION SOO'SO'44"W, A DISTANCE OF' 451,10 FEET TO THE NORTH UNE OF' SAID LOT 5 AND THE POINT Of BEGINNING; THENCE CONllNUING ALONG SAID WESTERLY UNE AND THE EAST UNE Of SAID SUBDIVISION fOR THE fOLLOWING 1WO (2) CAllS: 1) SOO"50'44"W, A DISTANCE OF' 193.10 FEET: 2) S04'4S'44"W, A DISTANCE OF 15,73 FEET TO THE SOUTH UNE OF' SAID LOT 5: THENCE RUN SBIl"20'2B"W, A DISTANCE OF' 25.11 FEET ALONG SAID SOUTH UNE; THENCE RUN N04'4S'44"E, A DISTANCE OF' 17.25 FEET: THENCE RUN NOO'50'44"E, A DISTANCE Of 217.24 FEET TO THE CURVED NORTH UNE OF' SAID LOT 5 AND THE BEGINNING OF' A CURVE CONCAVE SOUTHWESTERLY HAVING A DELTA ANGLE Of 90'00'00", A RADIUS OF 25.00 FEET, A CHORD BEARING OF S44'09'16"E AND A CHORD DISTANCE OF 35.36 FEET: THENCE ALONG THE ARC Of SAID CURVE TO THE RIGHT AND SAID NORTH UNE A DISTANCE Of 39.27 FEET TO SAID WESTERLY RIGHT-Of-WAY UNE AND THE POINT OF BEGINNING. CONTAINING 5,719 SQUARE FEET OR 0.13 ACRES, MORE OR LESS, ~T S~~ 1W1~O~T SKETCH & SIGNAnJRE THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD" SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)2n-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, u.c DRAWN BY: DKT CHECKED BY: J,N.W. PARCa DESCRIPll0N: DATE: 03/17/05 SCALE: N/A I REV: PERMANENT UllLllY EASEMENT . LOT 5, MARKET CENTER; SEC. 3-50-26 PROJECT No: 030705W.A DWG No:030705WA-ESW I SHEET: 2 OF 2 EXHIBIT A Page ~oI =>7 PROJECT PARCEL FOLIO Agenda Item No.1 OB September 13. 2005 Page 48 of 64 701 ~I T- ? () I s- =<. '3:2, ? IV/A- SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY .AND ACCESS EASEMENT (S2.P) IN THE WEST 100' OF SECTION 1" TOWNSHIP 50 S, RANGE 26 E. COWER COUNTY, FLORIDA FOREST GLENN OF NAPLES SUBDI\IISlON PLAT BOOK 31, PAGE 94 , l~ i~~~ b 1 151= Z 11::... ,., t'-\o..::l:iloC) ! ~ :g~15~ 00( II.. b 0 .., II:: . ~ PROPOSED TEMPORARY ) CONSTRUCTION EASEMENT ~ ~ ~~ ffill:: 0=:J i5Z '~:t: ~ ~ti ...5 P.O.C, Y NW CORNER SECllON 11 I\, NB8"17'44"E _ _ _ V 60.06' NOR'lli UHE SECllON 11 P.O.B.- 1\ NB8"17' 44 "E 40.04' u; 01 Ii c.i PROPOSED PERMANENT UTILITY EASEMENT c. i ~ ~ ~ ~ 8 z ;: HENDERSON CREEK CANAl R/W (100') .~ ~ 1= u l)f 40' ... Z ::J . ~ ~l!:!.. UNE SECllON 11 ~ \s N8725'49"E 60.11' SW CORNER SECllON 11 J SS72S'49"W 40.07' PROPOSED PERMANENT UTILITY '" ACCESS EASEMENT t, ~~ J.. ... C) 00( ~ l- 8 i5 CDC)~ lS~i5 >-ISZ2 ~uf3~ ~.!.~CDU ~9~~~ ~!:CO~~ffi ZQ~i5i5CD 511::~lLlL2 u 1 I '. I.~ .. I.. .1Il~ I 1111::,11::000 jdc.i II:: ociciz DESCRlPlION OF A PERMANENT UllUTY AND ACCESS E:ASEWENT lVlNG IN THE EAST 40 FEET OF THE ~T 100 FEET OF SECllON II, TOWNSHIP 50 SOUTH, RANGE 26 EAST; COWER COUNTY, FlORIDA; MORE PARllCULARLY DESCRIBED AS FOllOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECllON II, THENCE RUN NB8"17'44"E, A DISTANCE OF 60.06 FEET AlONG 'lliE NORTH UNE OF SAID SECllON TO THE POINT OF BEGINNING; THENCE CONllNUING ALONG SAID NORTH UHE N88'7'44"E, A DISTANCE OF 40.04 FEET TO THE EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY; THENCE RUN SOO'SO'44"W, A DISTANCE OF 5505.38 FEET AlONG SAID EAST UNE TO THE SOUTH UNE OF SAID SEClION II; lHENCE RUN S8T25'49"W, A DISTANCE OF 40.07 FEET ALONG lHE SOUTH UNE OF SAID SECllON 11; lHENCE RUN NOO'SO'44"E, A DISTANCE OF 5505.99 FEET ALONG A UNE lHAT IS PARAUn. WITH AND 40. FEET WESTERlY OF SAID EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY TO THE POINT OF BEGINNING. ~ING 22~~~ARE FEET OR 5.06 ACRES, loIORE OR lESS. . ~::':'2U:u;-;; ~~ARCEl BEARING, DISTANCES, AND AREAS -- 7~ :... ---.~"'-~----- CAlCULATED ARE BASED ON A FIELD SUR~ OF ~~RR~I'LTOWNSE'ND~~ !HE FIRM LB6n3) SEClION 11. BASIS OF BEARING: STAlE PlANE J=.n~ONAl:SU~::AND MAPPER COORDINATE SYSTEM, FlA. EAST ZONE. '83/90. - ~~1.U~~~':~2~ . 2005. THIS IS NOT A SURVEY .' . - . ~ ---- ~ ~<7r~.~.~.~."""";.~.~;~...~.}':' COONER &: ASSOCIATES. INC. SURVE't'lNG AND MAPPING ............. 5670 ZIP DRIVE. FORT MYERS, FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCKXlONER.COM WENT: GREElEY AND HANSEN, U.C DRAVtt4 BY: DKT CHECKED BY: ....W PARCEL. DESCRIPTION: DAlE: 04/05/05 SCALE: 1"-20' REV: PERM. UlIUTY &: ACCESS E:ASEWENT IN THE WEST 100' OF SEC 11-50-26 PROJECT No: 030705W.A DWG NO:030705WA-ESIot SHEET: 1 OF 1 EXHIBIT A Page~of31:: PROJECT PARCEL FOLIO Agenda Item No, 10B September 13. 2005 Page 49 of 64 70/ ')"1 y- 7 (.)1 -,-::t. 53.? H/A . SKETCH AND DESCRIPTION OF A PERJlANENT UTIUTY AND ACCESS EASEJlENT (88_P) IN THE WEST 100' OF SECllON 14, TO~SHIP 50 S, RANGE 26 E, COWER COUNTY, FLORIDA PROPOSED PERMANENT UTILITY tic ACCESS EASEMENT P.O.B. N87"25' 48"E NOR'1l4 UNE SEClIOH 14 --- 60.11' 40.07' N81'25' 49"E ~~ HENDERSON CREEK ~Il: CANAL R/W (100') i5~ 40' J:~ i ;;; i ~~ r.: Ii ~ r.: 1&15 d ~ PROPOSED PERMANENT ~ UTILITY EASEMENT ~ t- ..,. ~ ffi - ~ lit lDO~ ~ I :giffi 1= I >-~Z2 U ~~~;~ llf ...., Z ~~<i1515 Z ::::J lit S87'38'Q3"W ~~Ot-t-15 SOU'1l4 LINE SEClION 14 ~e~~~!i N87'38'03-E 60.10' 40.06' U I I I. I.~ ~ I.~ ,lilt.? I PROPOSED PERMANENT 0:; O:;~~O UTILITY '" ACCESS UIl:OD..D..Z EASEMENT D~TION OF A PERMANENT UTlUTY AND ACCESS EASEMENT LYING IN 1l4E EAST 40 FEr OF 1HE WEST 100 FEET OF SECTION 14, TOWNSHIP 50 SOU'1l4, RANGE 26 EAST; COWER COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS Fou.OWS: COMMENQNG AT 1l4E NOR'1l4WEST CORNER OF SAID SECTION 14, lHENCE RUN N81'25'49"E, A DISTANCE OF 80,11 FEr ALONG 1l4E NOR'1l4 UHE OF SAID SECTION TO 1l4E POINT OF BEGlNNtlG; 1l4ENCE CONTINUING ALONG SAID NOR'1l4 UNE N81'25'48"E, A DISTANCE OF 40.07 FEr TO THE EAST UNE OF lllE HENDERSON CREEK CANAL RlGHT-oF-WAYj 1l4ENCE RUN SOO'SO'44"W, A DISTANCE OF 5357,48 FEET ALONG SAID EAST UNE TO THE SOUTH UNE OF SAID SEClION 14j THENCE RUN S8TJ8'03"W, A DISTANCE OF 40.06 FEr ALONG 1l4E SOU'1l4 UNE OF SAID SECTION 14; THENCE RUN Noo'50'44-E, A DISTANCE OF 5357,31 FEET ALONG A UNE 1l4AT IS PARAU.EI.. WITH AND 40 FEr WESTERLY OF SAID EAST UHE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY TO THE POINT OF BEGINNING. .r~ ;.xARE fEET OR '-92 AalES, lIllRE OR lfSS. \Wli..v<<:a.......... DlST....CES, ..... AREAS . - ---- ---.......----- CALCULAlED ARE BASED ON A FIELD SURVEY OF ~ _"'REK:lOWNSEND'~~ FIRM LB6n3) SECTION 14. BASIS OF BEARING: STATE PLANE "~QNAL ~vEYOR;-"""D MAPPER COORDINATE SYS11::M, Ft.A. EAST ZONE, '83/,90. ~~~~~-':i~ 2005. THIS IS NOT A SURVEY ~ "- -- - .' ~ -;- COONER &: ASSOCIATES. INC_ ~~'<~:~~:-._._'-~::':~:'~>'~' 5670 ZIP D~~\lEYlF~lr:.~~~~IDA 33905 -""" A-tONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SUR\lEYlNGOCOONER.COM WENT: GRm.EY AND HANSEN, U.C DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIPllON: DATE: 04/05/05 SCALE: 1"-20' REV: PERM, UTlUTY a: ACCESS EASEMENT IN THE WEST 100' OF SEC 14-50-26 PROJECT No: 030705W.A DWG No:030705WA-CII SHEET: 1 OF 1 EXHIBIT .1L.. Page .!::12......of ...2.l. Aqenda Item No. 10B September 13. 2005 Page 50 of 64 PROJECT PARCEL FOLIO 701 <;'-1 :r- 7()/~;< 3t../.p N/4 SKETCH AND DESCRIPTION OF .A PERJlANENT UTILITY AND ACCESS EASEMENT (84.P) IN THE WEST 100' OF SECTION 23, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FLORIDA P.O.c. PROPOSED PERMANENT V, NW CCRNER unuTY '" ACCESS SECTION 23 P.O.B.","", EASEMENT N8T38'03-E t, ~ NORlH UNE SECTION 23 40.06' I ~ NBT38'03-E 60.10' \ f~ . HENDERSON CREEK ..~ .~ CANAL R/W (100') 40' j. in ~ 0> N Ii CJI ,,; u ~ . ~~ N N 10 ~It: ~ 10 ........ < 0< .E!;. ffi~ l- f') XO ~ ffi ~tij ::E N ~ molj ~ . ~ :::lit: ~~i5 1= ~ ....0 >-15Z::E ~ ~ ~0f3~ ~I~mo .... z ~ ~?~l5l5 z :::a . ~5:UI-I-It: zolEZZ.... "- SOUlH UNE SECllON 23 I NB9"3729-W " aiii:o~~~ o I I '. I.~ ~ 589"3729-E 60.00' 40,00' .. I.~ .lE!t.! I ~It: It:OOo SW CORNER PROPOSED PERMANENT UIt:OO:O:z SECTION 23 unuTY '" ACCESS EASEMENT DESCRtPllON OF' A PERMANENT UTIUlY AND ACCESS EASEMENT LYING IN THE EAST 40 FEET OF' THE WEST 100 FEET OF' SECTION 23, TO'MIISHIP 50 SOUTH, RANGE 26 EAST; COWER COUNlY, FLORIDA; MORE PARTICULARLY DESCRIBED AS Fou.OWS: COMMENCING AT THE NORlHWEST CORNER Of SAID SECTION 23, lHENCE RUN NBT38'03-E, A DISTANCE OF 60.10 FEET ALONG THE NORTH UNE Of SAID SECTION TO THE POINT Of BEGINNING; THENCE CONTINUING ALONG SAID NORTH UNE N87"38'03-E, A DISTANCE Of 40.06 FEET TO THE EAST UNE Of THE HENDERSON CREEK CANAL RIGHT-Of-WAY; THENCE RUN SOO'SO'44-W, A DISTANCE OF 5245.84 FEET ALONG SAID EAST UNE TO THE SOUTH UNE Of' SAID SECTION 23; THENCE RUN N89"3729-W, A DISTANCE Of 40.00 FEET ALONG THE SOUTH UNE OF' SAID SECTION 23; lHENCE RUN NOO"5O'44-E, A DISTANCE OF' 5243.92 FEET ALONG A UNE lHAT IS PARALLa WITH AND 40 FEET WESTERLY Of' SAID EAST UNE Of' THE HENDERSON CREEK CANAL RIGHT-Of-WAY TO THE POINT OF BEGINNING. CON.TMiljNG 209.7" SQUARE FEET OR 4.B2 ACRES, MORE OR LESS. ;:~~~":~y-&:,f),,; ~J:~ARCEl BEARING, DISTANCES, AND AREAS - _-=-:::.u- ---~-:-":---- CALCULATED ARE BASED ON A RElD SURVEY OF' = :t)AR~;-TO'MII5f;:N[}'(fOR. ntE RR~ LB6n3) SECTION 23. BASIS Of' BEARING: STATE PLANE :; ~~ONAL 3U~ i'ND MAPPER . COORDINATE SYSTEW, Ft.A. EAST ZONE, '83/90. ~ . ;rH~~~ ~:: ~~r6 2005. THIS IS NOT A SURVEY ~~--::--c~,---.......~-~..,....-' COONER &: ASSOCIATES, INC_ ~--'" - < :". SURVEYING AND MAPPING '",.......... 5670 ZIP DRIVE. FORT MYERS, FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL= SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: OI(T CHECKED BY: JNW PARCEl DESCRIPnON: DATE: 04/05/05 SCALE: '--20' tREV: PERM. UTIUTY a: ACCESS EASEMENT IN THE I WEST 100' OF SEC 23-50-26 PROJECT No: 030705W.A DWG No:030705WA-ESW SHEET: 1 OF 1 EXHIBIT A Page...:tLot ~ PROJECT PARCEl FOLIO Agenda Item No. 10B September 13, 2005 Page 51 of 64 701 S-I f- 7 () I '')-;2., ;3 5"', P Hili SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY AND ACCESS EASEJlENT (85.P) IN THE 'EST 1 DO' OF SECTION 26, TOWNSHIP 50 S, RANGE 26 E, COlUER COUNTY, flORIDA PROPOSED PERMANENT UllLlTY & ACCESS EASEMENT P.O.B, NORlH UNE SECllON 28 589'3729"E 589"3729"E 60.00' 40,00' ( HENDERSON CREEK CANAl R/W (100') 40' ~ ; ,..: ~ ,..: ~~ ~ ~ It.l ffia:: c~ -< CI ~ N i5~ I- ~ :J:(J ~ i5 1= ~i 1Il~~ (J w I :;; ~ : :g~i5 CJ> )-~Z2 W I ~ G~ Ii Z d :J ~I~~(J ~ ~ Z ~~~~~ a:: ~i01E1-15 w ~~~~~!I SOUlH LIE SEClIClN 28 NM"38'3rW --- (J I I " I,~ 40.00' ~I~ .IX!~I a; o;qqd HENDERSON CREEK (Ja::oQ.Q.Z SW CORNER CANAL R/W (VARIES) JOG IN HENDERSON SECllON 26 CREEK CANAL R/W DFSCRtPllON or A PERMANENT UllUTY AND ACCESS EASEMENT LYING IN THE EAST 40 FEET or THE WEST 100 FEET OF SECllON 26, TOWNSHIP 50 SOUTH, RANGE 26 EAST; COUJER COUNTY, FlORIDA; MORE PARllCUlARLY DESCRIBED AS FOLLOWS: .,.-.. COMMENCING AT THE NORTHWEST CORNER or SAID SECllON 26, THENCE RUN 589"37'29"E, A DISTANCE or 60,00 FEET AlONG THE NORTH UNE or SAID SECllON TO THE POINT or BEGINNING: THENCE CONllNUING AlONG SAID NORTH UNE 589"3729"E, A DISTANCE or 40.00 FEET TO THE EAST UNE or THE HENDERSON CREEK CANAL RIGHT-OF-WAY; THENCE RUN SOO"5O'44"W, A DISTANCE or 5267.48 FEET AlONG SAID EAST UNE TO THE SOUTH UNE or SAID SECllON 26; THENCE RUN N89"38'3TW, A DISTANCE OF 40.00 FEET AlONG THE SOUTH UNE OF SAID SECllON 26; THENCE RUN NOO'50'44"E, A DISTANCE Of' 5267.47 FEET ALONG A UNE THAT IS PARAu.EL WITH AND 40 FEET WESTERLY OF SAID EAST UNE or THE HENDERSON CREEK CANAL RIGHT-or-WAY TO THE POINT OF BEG,I~MlNC;" "-. " ~ . . ) :.'. . ..,.Al{\uNG' 2~~.692~ARE FEET OR 4.8-4- ACRES. MORE OR LESS. o Z~~~ -- ~t:ffi; ~...g~"i:."i, ~AREAS = ,~,t;RRr~CTOYftl~D!iP.'OIL ~E F1RM LB6n3) BASIS or BEARING: STAlE PLANE COORDINATE ~~Al SUfl~ ",ND MAPPER SYSTEM, FtA, EAST ZONE, '83;90. =U~~~o~~#~t 2005. THIS IS NOT A SURVEY .... - ~ p , I ~ ;1". " .. COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE. f'ORT MYERS, flORIDA 33905 PHONE: (239)271-0722 FAX: (239)271-7179 EMAlL: SURVEYlNGCCOONER.COM WENT: GREELEY AND HANSEN, u..c DRAWN BY: OKT CHECKED BY: ....W PARCEL DESCRIPllON: DATE: 04/05/05 SCALE: 1"-20' REV: PERM. UllUTY ar: ACCESS EASEMENT IN THE WEST 100' Of' SEe 26-50-26 PROJECT No: 030705W.A DWG NO:o:50705WA-E'SU SHEET: 1 Of' 1 ""/",; ~~ p" ,........... EXHIBIT A Page~"3!: PROJECT PARCEL FOLIO Agenda Item NO.1 OB September 13, 2005 7 oP5W' ~ of 64 7 01 ~ 2. 3~..? ;VIA- SKETCH AND DESCRIPTION OF A PERMANENT UTILITY EASEMENT (36.P) IN THE WEST 1 DO' OF SECTION 11, TOWNSHIP 50 S, RANGE 26 E, COLLIER COUNTY, FLORIDA P.O.B. ~ NW CORNER SECTION 11 N88i7'44'E 60.06' NORTH LINE SECTION 11 FOREST GLENN OF NAPLES SUBDIVISION PLAT BOOK 31, PAGE 94 ii):: OlZ .0 et;i= uu ...... ......lI> Z :J~ ~:J ~~ ......olj ....... ix:J: 0>. '0 ::;;~ o z ~ ~ ... ix:J b 01 l" r-: o I"l o VI 1 >- olj ~ VI .D 1 e~gg Oa::-'< .It} '0 I ol=~~..... I"') j:....::><o~ l ~ gfg;5~ < 0- g ~ -- ~~ lQa:: w-' 0< zz ......< Xu w:.:: z..... ::;...... 0:: ......u t - 58S'17'44'W 60.06' <> I HENDERSON CREEK CANAL R/W (100') < < m: C.R.-COUNTY ROAD R/W - RIGHT-or-WAY O.R. - OrFICIAL RECORDS BOOK/PAGE P.O.B.-POINT or BEGINNING P.O. C.-POINT OF COMMENCEMENT NO.-NUMBER DESCRIPTION OF A PERMANENT UTlUTY EASEMENT LYING IN THE WEST 100 FEET OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST; COLLIER COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN N88i7'44"E, A DISTANCE OF 60.06 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE RUN SOO'50'44"W, A DISTANCE or 37.98 FEET ALONG A LINE THA T IS PARALLEL WITH AND 60 FEET EASTERLY OF THE WEST LINE OF SAID SECTION; THENCE RUN S88i 7' 44 'w. A OISTANCE OF 60.06 FEET TO THE WEST LINE or SAID SECTION; THENCE ALONG SAID WEST LINE NOO'50'44'E, A DISTANCE OF 37.98 FEET TO THE POINT OF BEGINNING. CONTAINING 2,279 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. ~-7 I ---~~~------ tmlE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/'90. THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYlNG AND MAPPING : 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905 PHQNE;.(.239);2.77-q722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CLIENT: GREE~Y'~riro. t-fM\iStFl. u.c .-' DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIf'.T1~,"'''-''- -...' DATE: 04/05/05 SCALE: 1"=20' !REV: 4-27 05 PERMANENT UTlLlTY'-l;;A~,.:j rJolf' WEST 100' OF SEC 11.!~i'6'~'-'- PROJECT No: 0.30705W.A DWG No:030705WA-ESM I SHEET: 1 OF 1 DARREN TOWNSEND (FOR TttE FIRM LB6773) PROFESSIONAL SURVEYQR:1\ND MAPPER FLORIDA LICENSE NO... ,L.l> ~f'476 THIS ~1..0AY OF .- ~'. tUL:....~_ 2005. ..' "...~. ~",.,<.: . EXHIBIT -LL P8ga~ --2.:.L Aaenda Item No. 10B Se[2tember 13, 2005 7 t>r/'6ija ~ of 64 PROJECT 7 Of S-:2. PARCEl 37. ? FOLIO N /A SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEJlENT (87.P) IN THE WEST 100' OF SECTION 11, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FLORIDA P.O.c. I / NW CORNER V SEC~ON 11 1\ \j -- It)- ~~ cr:F= iD ~~. i z.... ::lz ~::l a::1Il ...... HENDERSON CREEK CANAL R/W (100') .~ j, ~~ 1. --- NOR'TH UNE SECTION 11 588"44'SO"E 80.00' 60.00' N89'44'SO.W I- 15", %'" ;tll- .rtJz ",-<", l1.o\j::! Q?;:ln ~::l~ ~i= .r::> 11. ...---t--- PROPOSED TEMPORARY CONSTRucnON EASEMENT 1Il . ; ~~ - i KEX: C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY P,O.B,-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO,-NUMBER D~IPTlON OF A PERMANENT UTlUTY EASEMENT L'I1NG IN 'THE WEST 100 FEET OF' SECTION 11, TOWNSHIP 50 SOU'TH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT 'THE NOR'THWEST CORNER OF SAID SECTION 11, 'THENCE RUN SOO'5O'44.W, A OtSTANCE OF 843.76 FEET ALONG 'THE WEST UNE OF SAID SECTION AND 'THE EAST RIGHT-OF-WAY UNE OF COUNTY ROAD 951 TO 'THE POINT OF BEGINNING; 'THENCE RUN ssg'44'SO.[. A OtSTANCE OF 60,00 FEET: 'THENCE RUN SOO'50'44-W, A OtSTANCE OF 15.00 FEET ALONG A UNE 'THAT IS PARAllEL W!'TH AND 50 FEET EASTERLY OF 'THE WEST UNE OF' SAID SECTION: 'THENCE RUN N89'44'SO"W. A DISTANCE OF 60.00 FEET TO SAID WEST UNE AND EAST RIGHT-OF-WAY UNE: 'THENCE RUN NOO'5O'44-[. A DISTANCE OF 15.00 FEET ALONG SAID WEST UNE AND EAST RlGHT-OF'-WAY UNE TO 'THE POINT OF BEGINNING, CONTAINING 900 SQUARE FEET OR 0.02 ACRES. MORE OR LESS. /;1iE?/!JI. 'IW~""a. BE,"'.o. DISTANCES, AN. AREAS ~ - --,.. -~-;..--- CALCULATED ARE BASED ON A Rao SURVEY OF ;~SN .:fuWNSENif:.(rci- jJiE ARM LS6n3) SECl10N ". BASIS OF BEARING: STAlE PLANE :: ';:f'ROf'lBSWNAL !lJR~ AND MAPPER COORDINAlE SYSlDot, F1.A. EAST ZONE. '83/90, ~ '~~~~'.:~Z5 2005. THIS IS NOT A SURVEY ~~~ /~""" .>.--:;.:~, COONER &: ASSOCIATES, INC. ~ /'- . . . , .. . ...r:.. ~ SURVEYING AND MAPPING '~,~~;.:- "l~,.~ ~:.~,aa~ ...,..."........ 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER,COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHEa<ED BY: "'W PARCEL DESCRIP'TlON: DAlE: 04/05/05 SCALE: '-.30' REV: PERMANENT UllUTY EASEMENT IN lHE WEST 100' OF SEC 11-50-28 PRo.ECT No: 030705W.A DWG NO:03070i5WA-ESM SHEET:' OF , EXHIBIT 4- Page.l:t1.-of ~ PROJECT PARCEL F Oll 0 Aoenda Item No.1 DB September 13. 2005 7of~! ~ of 64 70{~::L :3 'i? P N/A- SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEJlENT (S8.P) IN 'THE WEST 100' OF SECTION ", TOWNSHIP 50 S, RANGE 26 E. COWER COUNTY, FlORIDA P.O.C. I / NW CORNER I SEC~ON 11 i "J ~ j, ~W J. --- NORTH UNE SECl10N 11 -- Ill- ~~ D;F= 00 will z ::Jw z ~::J cr~ w~ io ,... 18 I") - HENDERsON CREEJ( CANAL R/W (100') >- ~fIl Zlll .w ::!U>- Q:UZ w.w I>.",,~ 8~~ ~::;l4I 1>.1= li?::> I>. ~ ~ ~ 8 UI 1\ "J N89'47'35-r 80.01' 60.01' S89'47'35"W NUNEOFN 1/2 OF THE ~ N 1/2 OF THE . i SW 1/4 OF THE 8 Q NW 1/4 OF on fl SECllON l' - ~ ......-- ---- PROPOSEO rrMPORARY CONSTRUCTION EASEMENT P.O.B. I ~8 .~ on ~ - 8 z KEY; C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COUMENCEMENT NO.-NUMBER OESCRIPllON Of A PERMANENT UllUTY EASEMENT L'l1NG IN THE WEST 100 FEET Of SECllON 11, TOYt'NSHIP 50 SOU'!H, RANGE 26 EAST, COlUER COUNTY, FlORIDA: COUMENaNG AT THE NORTH~ CORNER Of SAID SECllON 11, '!HENCE RUN socr5O'44"W. A DISTANCE Of 1388.78 FEET ALONG THE WEST UNE Of SAID SECllON AND '!HE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 951 TO THE POINT Of BEGINNING; THENCE RUN N89'47'35"E, A DISTANCE Of 60.01 FEET: THENCE RUN SOO'SO'44"W. A DISTANCE Of 15.00 FEET ALONG A UNE THAT IS PARALLa. WITH AND 60 FEET EASTERlY Of '!HE WEST UNE Of SAID SECllON: THENCE RUN S89'47'35.W, A DISTANCE Of 60.01 FEET; TO SAID WEST UNE AND EAST RIGHT-Of-WAY UNE; THENCE RUN NOO'5O'44"E, A DISTANCE Of 15.00 FEET ALONG SAID ~ UNE AND EAST RIGHT-Of-WAY UNE TO '!HE POINT OF BEGINNING. "<:r.rb: ';',,o' . ~~..?:. ,.' ;tr~ ....to r,"r r,., " .. , ~ r EXHIBIT JL Page..5Lof .5L PROJECT PARCEL FOLIO Agenda Item NO.1 DB September 13. 2005 Page 55 of 64 7C>/~ / ..... ?~,~:2. 3 '1. p Nffi- SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEJlENT (89.P) IN THE WEST 100' OF SECl10N 11. TOWNSHIP 50 S, RANGE 26 E. COWER COUNTY, FlORIDA HENDERSON CREEK CANAl R/W (100') ~ -:- S8.2-""..,"E ~ ! 80.37' 8 ::.... 80.37' z .""" \ I N820""",-W P.D,B. -~ . ~ ! ~ ..;;~ ... - _ PROPOSED TEMPORARY CONSTRUCTION EASEMENT -- It)- ~~ GlOI= t>t> ""~ Z"" ::Jz ~::J o:3k ""'" ~ ;; CD t'f ... ~~ ~.., lEu... ",Uz ..,<.., n.olIi3 Q~CIl ~::J~ ~i= ",=> n. 1&1 ~ ~ (8: P.D.C. SW CORNER Of' SECllON 11 S UNE~~~11 f\ ~ - -- ISE:t C.R,-COUNTY ROAD R/W - RlOHT-Of'-WAY P.D.B.-POINT Of' BEGINNING P.D.C.-POINT Of' COMMENCEMENT ND.-NUMBER ~PllON Of' A PERMANENT UllUTY EASEMENT LYING IN THE WEST 100 FEET Of' SECllON 11. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENQNG AT THE SOUTHWEST CORNER Of' SAID SECllON 11, THENCE RUN Noo'5Q'44-E. A DISTANCE Of' 2681.19 FEET AlONG THE WEST UNE Of' SAID SECTION AND THE EAST RlGHT-Of'-WAY UNE Of' COUNTY ROAD 951 TO THE POINT Of' BEGINNING; THENCE CONTINUE AlONG SAID WEST UNE AND EAST RlGHT-Of'-WAY UNE Noo'50'44-E. A DISTANCE Of' 15.09 FEET; THENCE RUN 582'48'48"E. A DISTANCE Of' 60,37 FEET; THENCE RUN 5OO"5O'44-W, A DISTANCE Of' 15.09 FEET AlONG A UNE THAT IS PARALLEL. WITH AND 60 FEET EASTERLY Of' THE WEST UNE Of' SAID SECllON; THENCE RUN N82048'48-W, A DISTANCE Of' 80.37 FEET TO SAID WEST LINE. SAID EAST RlGHT-Of'-WAY UNE AND THE POINT Of' BEGINNING. CONT~~fIIG 1105. ,~QUARE FEET OR 0,02 ACRES. MORE OR LESS. ,,~.' ,~. .. .. ~.~~:'/0<~~~{~ ~~~----- ItARRQi loWNsaiD lrtiR. niE FIRM LSSnJ) ~Al ~~AHD MAPPER FtOR\I);.\,UCENSE ttO..~1l!76 ~_~ DAYor- ~IU(" 2005, ~;:. .7 HQIE: THE PARCEl BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY Of' SECTION 11, BASIS Of' BEARING: STAlE PLANE COOROlNAlE SYSTEM, F1..A. EAST ZONE. '83/90, THIS IS NOT A SURVEY COONER &: ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE. FORT MYERS. FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER,COM WENT: GREELEY AND HANSEN, u.c DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 04/05/05 SCALE: 1.-30' I REV: PERMANENT UllUTY EASEMENT IN THE WEST 100' Of'SEe 11-50-26 PRo.ECT No: 030705W.A DWG NO:030701!1WA-ESU ISHEET: 1 Of' 1 r,.., '..~~.._ . ~ ~ ~, "f~1 ',.......... .' ~.....'", .f EXHIBIT ...L:L Page....sLot --5.2.. Agenda Item NO.1 DB Sep?,~e0'3.f.W05 PROJECT ~5r~~f64 PARCEL '-/0, P FOLIO IV/A . SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (40.P) IN lHE WEST 100' OF SECl10N 11, TOWNSHIP 50 S, RANGE 26 E, COWER COUNlY, FlORIDA HENDERSON CREEK CANAl R/W (100') S88"08'05"E 60.01' Iol )8 ~ iii 8 - 60.01' Z \ ~. N88"08'05.W P.O.B. f\ "4 . . : 8 . ~ ~ ......-r-.- PROPOSED TEMPORARY CONSTRUCTION EASEMENT Iii:: O:i!5 0::1= C,)~ b Iollll co Z::J LlI ..; Z .., ~::J ", 0: !I: w'"" .... ~~ ~w :::;u.... a:uz w<w 1>.~2i ~~~ 0...1 1>.;::: o~ a: I>. w : ~ 8 ~riP'O'C' sw CORNER OF SECllON 11 ! S UNE ~Cll~11 ~ . KEX: C.R.-COUNTY ROAD R/W - RIGHT-Of-WAY P.O.B.-POINT Of BEGINNING P.O. C.-POINT Of COUMENCEMENT NO.-NUMBER I\, "4 - -- DESCRlPllON OF A PERMANENT UllUTY EASEMENT LYING IN lliE WEST 100 FEET Of SECllON 1,. TOWNSHIP 50 SOUlli, RANGE 26 EAST. COWER COUNTY. FlORIDA: COUMENClNG AT lliE SOUlliWEST CORNER Of SAID SECllON 11, TIiENCE RUN Noo'SO.....E, A DISTANCE Of 533.60 FEET AlONG lliE WEST UNE Of SAID SECllON AND lliE EAST RIGHT-Of-WAY UHE Of COUNTY ROAD 951 TO lliE POINT Of BEGINNING; THENCE CONllNUE AlONG SAID WEST UNE AND EAST RIGHT-Of-WAY UNE NOO'SO.....E, A DISTANCE Of 15.00 FEET; TIiENCE RUN S88"08'05.E, A DISTANCE OF 60.01 FEET; lliENCE RUN SOO'SO.....W. A DISTANCE Of 15.00 FEET AlONG A UNf TIiAT IS PARAlI.E1.. Willi AND 60 FEET EAS1!RLY OF lliE WEST UNE Of SAID SECllON; lliENCE RUN N88"08"05.W. A DISTANCE Of 80.01 FEET TO SAID WEST UNE, SAID EAST RIGHT-Of-WAY UNE AND lliE POINT Of BEGINNING. CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. wm: lliE PARCEl.. BEARING, DISTANCES, AND AREAS CAlCULATED ARE BASED ON A FIELD SUR'YEY Of SECllON 1,. BASIS Of BEARING: STAlE PLANE COORDINATE SYSTEM, FlA. EAST ZONE, '83/'90. THIS IS NOT A SURVEY "":~~~'>'--" ,.':'~"".'>-; COONER &: ASSOCIATES, INC. ",' SURVEYING AND MAPPING .,......... n" .... 5670 ZIP DRIVE, FORT MYERS. FlORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVE'i'lNGOCOONER.COM CLIENT: GREELEY AND HANSEN, u..C DRAWN BY: OKT CHECKED BY: J.N.W. PARCEl. DESCRlPllON: DATE: 0+/05/05 SCALE: '.-30' I REV: PERMANENT UllUTY EASEMENT IN THE I WEST 100' OF SEC 11 50-28 PRo.ECT No: OJ0705W.A DWG NO:0307Ol5WA-ESM SHEET: 1 Of 1 """:tz :-- ,"" '. ';{ .."':.... L';( ~.- ~.'O. '.~ ..~_ ,,- '.2r2 ---~;__L---- ~SDII{{r.drf. ~E ARM LB8n3) Al SUR~'!NO MAPPER AORIflA.JJCENSE' Ne. ~-Ji1.S 'THIS ~ DAY OF':~ Ie... 2005. ,.,. ~~ ~. - ~ EXHIBIT 4 Page5Lot3!C PROJECT PARCEL F OLl 0 Agenda Item No, 1 DB September 13. 2005 7 (!j1.~"7'1bf 64 701 !):2.. 4/, P IV/A- SKETCH AND DESCRIPTION OF A PERMANENT UTILITY EASEMENT (41.P) IN THE WEST 100' OF SECTION 14, TOWNSHIP 50 S, RANGE 26 E, COLLIER COUNTY, FLORIDA _..t NORTH LINE OF I 1l'J- Ol rM~.'/' PROPOSED PERMANENT ,~ UTlU TY &: ACCESS a:; 1= EASEMENT <..><..> \il}J :JUJ ~ 3:Z ,? 0:3: UJa'd HENDERSON CREEK CANAL R/W (100') !oJ . .,. S89'2'14"E .,. ik i5 . 8 60.00' 8 .,. 0 .,. 0 b z ~ 60.00' iii lP - 8 P.O.B. NB9'2'14"W \ UI w . 0. .,. .,. l' b ai III co 0< 0 N < Z P.O.C. ~ ~W CORNER OF SECTION 14 "- 1 S LINE SECTION 1<4- ~ -- PROPOSED TEMPORARY CONSTRUCTION EASEMENT :> KE.:!:: C.R.-COUNTY ROAD R/W - RIGHT-Of-WAY P.O.B.-POINT Of BEGINNING P.O. C.-POINT OF COMMENCEMENT NO.-NUMBER DESCRIPTION Of A PERMANENT UTILITY EASEMENT L YlNG IN THE WEST 100 FEET Of SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, fLORID A: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN NOO'50'44"E. A DISTANCE OF 2619.79 FEET ALONG THE WEST LINE OF SAID SECTION AND THE EAST RIGHT-Of-WAY LINE Of COUNTY ROAD 951 TO THE POINT Of BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE AND EAST RIGHT-Of-WAY LINE NOO'SO'44"E, A DISTANCE Of 15.00 fEET; THENCE RUN S89'12'14"E,A DISTANCE Of 60.00 fEET; THENCE RUN SOO'SO'44"W, A DISTANCE Of 1S.OO fEET ALONG A LINE THAT IS PARALLEL WITH AND 60 fEET EASTERLY Of THE WEST LINE Of SAID SECTION; THENCE RUN N89'12'14"W, A DISTANCE OF 60.00 FEET TO SAID WEST LINE, SAID EAST RIGHT-OF-WAY LINE AND THE POINT Of BEGINNING. CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. --~~----- liQIE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A RELD SURVEY OF DARREN TOWNSEND (FOR THE FIRM LB6773) SECTION 14. BASIS OF BEARING: STATE PLANE PROFESSIONAL SURVEYOR' AND MAPPER COORDINATE SYSTE" FL EAST ZONE '83 /'90 FLORIDA ICENSE. N. 0~'.~~76. . .... A. ,I' THIS tl.f DAY ~f.~,: ...~c.;. ;_~, 200S. THIS IS NOT A SURVEY :,-~'~4:..."" "'COONER & ASSOCIATES, INC. :r'f' ' , r. " . SURVEYING AND MAPPING : 5610 ZIP DRIVE. FORT MYERS, FLORIDA .3.3912 : PHONE:J.f~.n2..77-G722 FAX: (2.39)277-7179 Et.1AIL: SURVEYlNG<1lCOONER.CDM CUENT: GREEt.f:Y:o.AN.o l!'6l:ilSf.'l.\l; U.C .;;. DRA\\1II BY; DKT CHECKED BY: J.N.W. PARCEL DESC~'1"rel'l:o"",.,.' ....,. DATE: 04/05/0S SCALE; 1"-30' 1 REV: 4-27-05 PERMANENT UTILl1"1(,.,t~~~'jHl WEST 100' OF SEe .1~~~E>.o"" PROJECT No; 030705W.A DWG No:030705WA-ESM I SHEET: 1 OF 1 EXHIBIT 4- Page.5.:Lof ....u- PROJECT PARCEL FOLIO Aqenda Item NO.1 OB ~~tn!1e( 1:>5-; 2005 7 a'1gg-5~f 64 '-I:2.? /VIA SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (42.P) IN THE WEST 100' OF SECTION 14, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FlORIDA ~~ It)~ o:~ 11;1= Uu ILIL..I zen ::JILl ~~ ll::~ ILI-'I HENDERSON CREEl< CANAl R/W (100') 589'54'32-E 60.00' ~ . i 8 . on ~ N ~ .... z ",,,, z'" """, "'u.... ffi~ffi o..__~ 8~~ ~:JW II-~ 0::0 a: II- 8 on N N89"54'32"W 60.00' P.O.B. PROPOSED TE~PORARY CONSTRuCnON EASE~ENT S UN( SECllON 14 P.O.C. SW CORNER SEC110N 14 ~ C.R.-COUNlY ROAD R/W - RIGHT-OF-WAY P.O. B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCENENT NO.-NUMBER DESCRIPllON OF A PERMANENT UllUlY EASEMENT LYING IN THE WEST 100 FEET OF SECllON 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNlY, FLORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN Noo'SO'<<-E. A DISTANCE OF 24.68 FEET ALONG THE WEST UNE OF SAID SECllON AND lliE EAST RIGHT-OF-WAY UNE OF COUNlY ROAD 951 TO THE POINT OF BEGINNING; THENCE CONl1NUE AlONG SAID WEST UNE AND EAST RIGHT-OF-WAY LINE NOO'SO'<<"E. A DISTANCE OF 25.00 FEET; lliENCE RUN 589"54'32"E. A DISTANCE OF 60,00 FEET; THENCE RUN SOO'SO'<<"W, A DISTANCE OF 25.00 FEET ALONG A UNE THAT IS PARAlLEL WITH AND 60 FEET EAS'TERLY OF THE WEST UNE OF SAID SECl1ON; THENCE RUN N89"54'32-W, A DISTANCE OF 60.00 FEET TO SAID WEST UNE. SAID EAST RIGHT-OF-WAY UNE AND THE POINT OF BEGINNING. CONTAINING 1,500 SQUARE FEET OR 0.03 ACRES. MORE OR LEss. ~.. ~ t. f , ( ~ ~ . . - . . . . . . . $"02::;Ti2:~;i\ .::-. ~. .. ~ .~ -..... . - --- ------- -. ."~EJt;T~ (F.dR,~ ARM LB6n3) P.Ii~f)NAl ~\'EJOR' M:O MAPPER D.J;,!;K:ENSE-:NO: US ~6 ::rws .~cDAY OF/ :. VL 2005. -.. . '. # - ".. timE; THE PARCEl BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A AElD SURVEY OF SECllON 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FlA. EAST ZONE. '63i90. lHlS IS NOT A SURVEY ~~~<'.o.~.-.~."'''''';~''~~.C~:/' COONER &: ASSOCIATES, INC. SURVEYING AND MAPPING .......... 5670 ZIP DRIVE. FORT MYERS. FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIl.; SUR\lEYlNGOCOONER.COM CLIENT: GREElEY AND HANSEN, U.C DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 04/05/05 SCALE: 1"-30' PERMANENT UllUlY EASEMENT IN THE WEST 100' OF SEC 14-50-26 PROJECT No: 030705W.A REV: . DWG NO:0307OSWA-ESM SHEET: 1 OF 1 EXHIBIT .JL. Page...:t:Lof ~ PROJECT PARCEL FOLIO Agenda Item No, 1 DB September 13, 2005 Page 59 of 64 70 (5""1 r 70 I ~-:L 173,? J.//A- SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEJlENT (48.P) IN THE WEST 100' OF SECTION 2.3, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FlORIDA .1"'8 ~ori ~ ... 8 z S8li1'55'1rE 60.01' 80.01' NlW55'1rW ,. ~I I- ~1Il :i~~ .,..z It.-s~ cl:~ ~:::i'" &'" .,::l lL PROPOSED TEMPORARY CONSTRucnON EASEMENT P.O.B. ...fO) ItlN GI .~ a::F Uu ~bl ::11&.1 ~~ 0:. I&.I~ HENDERSON CREEK CANAL R/W (100') KEX: C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY P.O,B,-POINT OF BEGINNING P.O.C.-POINT OF COUMENCEMENT NO.-NUMBER DESCRlP110N OF A PERMANENT U11UTY EASEMENT L VlNG IN THE WEST 100 FEET OF SEC110N 23, TOWNSHIP 50 SOUTH, RANCE 26 EAST, COWER COUNTY, flORIDA: COUMENQNG AT THE NORTHWEST CORNER OF SAID SEC110N 23. THENCE RUN SDO'SO'44.W, A DISTANCE OF 2069,64 FEET ALONG THE WEST UNE OF SAID SECTION AND lHE EAST RIGHT-OF-WAY UNE OF COUNTY ROAD 951 10 lHE POINT OF BEGINNING; THENCE RUN S89'SS'17"E, A DISTANCE OF 80.01 FEET: THENCE RUN SOO'SO'44.W, A DISTANCE OF 15.00 FEET ALONG A UNE THAT IS PARALLEl. WITH AND 60 FEET EASTERLY OF THE WEST UNE OF SAID SECTION; THENCE RUN N89'55'17"W, A DISTANCE OF 60.01 FEET: 10 SAID WEST UNE AND EAST RIGHT-OF-WAY UNE: THENCE RUN NOO'5O'44.(, A DISTANCE OF 15.00 FEET ALONG SAID WEST UNE AND EAST RIGHT-OF-WAY UNE TO THE POINT OF BEGINNING. CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. ..,.~"'''. .< '.._~ ,.' . ~~:~~~~~ -~'" ~ ~-,~. .. ~~;~.,.- -' ~~22 . . '-~~----- "OMREN IOWNSEt<<I>lF6l "THE ARM LB8773) .I'R~ALSU~ ~D MAPPER B..ORIQit.:,l:.JCENs{ N~"76 .:$1~~ DAY ~. ", ~L. 2005. ~.. . - ~ tiQIE; THE PARCEl.. BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A AELD SURVEY OF SECllON 23, BASIS OF BEARING: STAlE PLANE COORDlNAlE SYSTEM, FLA. EAST ZONE, '83/,90, THIS IS NOT A SURVEY ~",:r.<~>..".,...<:~~'~~/ COONERsu~~S~~~~JES, INC. ", ,.- " .,- 5670 ZIP DRI\€, FORT MYERS, FLORIDA 33905 '"'",..,,,."~E: (239)277-0722 FAX: (239)277-7179 EMAlL.: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, u.c DRAWN BY: DKT CHECKED BY: "'W PARCEL OESCRIPllON: DATE: 0+/05/05 SCAlE: '..30' REV: PERMANENT UTlUTY EASEMENT IN THE WEST 100' OF SEe 23-50-26 PRO.ECT No: 030705W,A OWG No:030705WA-ESM SHEET: 1 OF 1 EXHIBIT 4 Page -55-oi3?r: Agenda Item NO.1 OB s6f7t~~/1;~2005 PROJECT "Iff'll'! ~ rJ. 64 PARCEL 44, 'P FOLIO N Iff SKETCH AND DESCRIPTION OF .A PERJlANENT UTILITY EASEJlENT (44.P) IN THE WEST 100' OF SECTION 26, TOYttolSHIP 50 S, RANGE 26 E. COWER COUNTY, FLORIDA P.O.C. _10 < ~/ NW CORNER ~ N SECllON 26 .~ l IIlF '\ Uu \, ~lll}.. ~ :Jw 0 ~z ,..: ........:J .... ~~ ~ wlIl NORTH UNE SECllON 26 J~ ~~ /.. ~ <,. ~ I Ul '" P.O.B, '-..... ld 8 : ori b - lD 8 z 589'SS'JO"E 60,01' 60.01' N89'SS'JCrW ,. 8 .: ori ~ - ~ III III tl u < oll >- 0- :::l '" => HENDERSON CREEK CANAl R/W (100') KE!: C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.D.e.-POINT OF COMMENCEl.fENT NO.-NUMBER DESCRIPllON OF A PERMANENT UllUTY EASEMENT L'tING IN lllE WEST 100 FEET OF SECllON 26. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE NORTHWEST CORNER OF SAID SECllON 26, THENCE RUN SOO"50'44-W, A DISTANCE Of 33n.07 FEET AlONG THE WEST UNE OF SAID SECllON AND THE EAST RIGHT-Of-WAY UNE OF COUNTY ROAD 951 TO THE POINT OF BEGINNING; THENCE RUN 589"59'30-E, A DISTANCE Of 60.01 FEET: lllENCE RUN SOO"SO'44-W, A DISTANCE OF 15.00 FEET AlONG A UNE THAT IS PARALLEl. WITH AND 60 FEET EASTERlY Of THE WEST UNE Of SAID SECllON: THENCE RUN N89"59'JO-W, A DISTANCE Of 60.01 FEET: TO SAID WEST UNE AND EAST RIGHT-OF-WAY UNE; THENCE RUN NOO"50'44-E, A DISTANCE Of '5.00 FEET ALONG SAID WEST UNE AND EAST RIGHT-Of-WAY UNE TO THE POINT OF BEGINNING. CONTAlN'N,~,~po_~ARE FEET OR 0.02 ACRES, MORE OR LESS. /ff1:iJ0~-\ - ~'"\1:; ~~AN~'ru''''',..,~ PABREN ~SEND:{FOR:1HE3'1RM LB6n3) BASIS Of BEARING: STATE PLANE COORDINATE ~ SU~'ti)If /lND" MAPPER SYSTEM, FLA. EAST ZONE, '83i90. Ft.cR~ UeENSE NO..-lS ~B NOT A SURVEY Tli!S~~, DAY Of .:. ____ 1J'R-IL 2005. THIS IS --<--,~ "." -:~ ". ..' COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE. FORT MYERS. F'LORIDA 33905 PHONE: (239)277-0722 FAX: (239)2n-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: OKT CHECKED BY: ....W,PARCEl... DESCRlPl1ON: DATE: 04/05/05 SCALE: '--30' I REV: PERMANENT UllUTY EASEMENT IN THE I, WEST 100' Of SEC 26-50-26 PRO.ECT No: OJ0705W.A DWG NO:030705WA-ESM I SHEET: , OF 1 ". '....'r. JOG IN E LINE OF HENDERSON CREEK CANAL RjW IS NOT A SURVEY COONER Be ASSOCIATES, INC. SUR'YEYING AND WAPPING 5670 ZIP DRIVE. FORT WYERs, FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EWAlL: SURVEYlNGOCOONER,COW WENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIPTION: DAlE: 04/05/05 SCALE: 1-.60' REV: PERM. UllUlY Ie ACCESS EASEMENT IN lHE WEST 100' OF SEC 26-50-26 PRO.ECT No: 030705W.A DWG No:030705WA-ESU SHEET: 1 OF 2 EXHIBIT ....d.... Page ..::i.Lof ..5.2- PROJECT PARCEL FOLIO Agenda Item No 10B September 13, 2005 Page 61 of 64 701 ~I f- 701~':I- 'i 5"", P N/A- SKETCH AND DESCRIPTION OF A PERJlANENT UTIUTY EASEMENT (45.P) IN THE WEST 100' OF SECTION 26, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FLORIDA L1 . Noo'SO'<$.4-E 52.52' L2 . NOO'SO'<$.4-E 65.39' SOlIn! UNE SECnON 215 CREEK <100') :n~ CIl ,~ D;F Uu ~bf :Jw t~ II::~ W"" ~ a.; ~~ ~ C.R.-COUNlY ROAD R/W - RIGHT-OF-WAY O.R. - ornaAL RECORDS BOOKIPAGE P,O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO,-NUMBER w ~lB ~ ~ z .... ~~ ~w :::Eo.... o:oz w<w lL~~ 8~~ ~::lw ~;:: 0:::> lL tIQIE; lHE PARCEl.. BEARING, DISTANCES. AND AREAS CALCULA 1m ARE BASED ON FIELD SURVEY. BASIS Of' BEARING: STATE PLANE COOROlNA TE SYSTEM, FlA. EAST ZONE, '83/90. NOT VAUD WItHOUT DESCRIPllON ON SHEET 2 OF 2 B/"";::~}':':~:;<" f)};,. '. " ':, . . - f- - ~. '" .. .... ~ " "- I' ~- . ~----~-.,------- eA!REN mWNSEND ,{FOR lHE FIRM LB6n3) ~ suRVEYoR AND MAPPER ~,.P~ ~CENSE NO: LS ~76 1HIS 1W'.~AY OF .~ 2005. ~ CIl Ii <.S t II:: W HENDERSON CREEK CANAL RjW (VARIES) 1MIS EXHIBIT A Page 5:Lof"'3:!r: Agenda Item No. 108 September 13. 2005 Page 62 of 64 7 0 I ')1 r-- 70 I S- ~ PROJECT PARCEl FOLIO '-I5".P lV/A- SKETCH AND DESCRIPTION OF .A PERJl.ANENT UTILITY EASEMENT (46.P) IN TI-fE WEST 100' OF SECllON 26, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FlORIDA DESCRlPllON Of A PERMANENT unuTY EASEMENT LYING IN THE 'AfST 100 FEET Of SECllON 26, TO~SHIP 50 SOUTH, RANGE 26 EAST; COWER COUNTY, flORIDA; MORE PARllCULARL Y DESCRIBED AS FOlLOWS: COMMENQNG AT THE SOUTHWEST CORNER Of SAID SECllON 26, THENCE RUN NOO'SO'.u"E. A DISTANCE Of 52.52 FEET ALONG THE WEST UNE Of SAID SECllON TO AN INTERSECllON WITH THE EAST RIGHT-Of-WAY UNE Of COUNTY ROAD 951; THENCE CONllNUING ALONG SAID WEST UNE AND THE SAID EAST RIGHT-Of-WAY UNE NOO'SO'.u"E. A DISTANCE Of 65.39 FEET TO THE POINT Of BEGINNING; THENCE CONllNUING ALONG SAID WEST UNE AND SAID EAST RIGHT-Of-WAY UNE RUN NOO'SO'.u"E. A DISTANCE Of 125.89 FEET: THENCE RUN N23'5'30"E. A DISTANCE Of 157.36 FEET; THENCE RUN SOO'SO'.u"W, A DISTANCE Of 125.89 FEET ALONG A UNE THAT IS PARALlEL WITH AND 80 FEET EASTERLY Of THE WEST UNE OF SAID SECllON; THENCE RUN S23'5'30"W, A DISTANCE OF 157.38 FEET TO THE POINT OF BEGINNING. CONTAINING 7,553 SQUARE FEET OR 0.17 ACRES, MORE OR LEss. ~T~~ 1W1;~T SKETCH a: SIGNATURE THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE. FORT MYERS, FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)2n-7179 Et.4A1L: SUR'JEYlNGOCOONER.COM CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: OKT CHECKED BY: JNW PARCEL DESCRIPllON: DAlE: 04/05/05 SCALE: N/A I REV: PERM, UllUTY a: ACCESS EASEMENT IN THE WEST 100' Of SEC 26-50-26 PRC>.ECT No: 030705W.A DWG No:0307ll!5WA-ESU I SHEET: 2 Of 2 CR951 Location Map Exhibit "8" Agenda Item No. 10B September 13, 2005 Page 63 of 64 Cl)l[)'<j" OO~ .,-0..... .N 0 o "'<j" Z~~ EQ.;~ 2.oro -r-ll.. CO C "02 CD. Q)Q) :{C/) - U (I) '- o 10- a.. M L() "r"" o "" ~ N L() "r"" o "" .... a~ i:u .. I co I .' 0, "N "~ ~t 5 iL. "r"" L() "r"" o "" o z ....1- ..: , . u'u - u (I) '- o 10- a.. n:s - c. n:s U :. ccr '. ~I c~ .. - -I" , '.' '. f1) c: .- n:s :2': ~I' ~ ~l >- ... 10- (I) - n:s ~ "C > OJ ~ o ~O ON >- ... 10- (I) .- o U ~ . "r"" ~ en => (I) E n:s Z -I.. - M .... a N .... a .... .... a ~ a M .... a t!_ I- a .... .... a ~ ~ ... .... a N .... a .... .... a ... rJ) o U I- Z W > W N ~ ~ oi '" "!. ~ ... c o '';:; 'iij ::I CT U oct "C C III ...l 'M. o ... g c o N ....... Ql 1Il :l "C C III ...l '" I. . to o N <D ..... ..... ... .... E ... Ql Q. ....... C en 'iij Ql C "" In o r-- " !-- 0 Z U Q) o a:: ~ $2 "0 11:' s CT 11:' c o ., --:Q? :J CT (J co C Q) E Q) "' co Q) o Z o '" '" ",' '<t "1. ~ .... ... c o :w u ::I .... .... 1Il C o u - o o '<t ui '" N ... c o :w u Ql Q. 1Il C 1-4 W f- a z ...'" -!-- '" " - (; ~ -g ~ ~ ~~ O~~t;~ '" '" ?: ,~:::: S ~, e "0 ~ ~ ~ Q.. ~ -g 'tl .~ .S ,... o c:: - (t I.l') u '" 2 ~ c ~~t)~~~ .Q~C:(tI~~ .~::2:1::J5;. ~~Q)'EE:1t') .!!1 :.:: i: '" ~ "!. 5-~a~-:; ~ (U ~ 5 .~ ~ ~.2-CXJO'Q,) -s~~~ct~ g> a; ~ ::: ,.... ~ '_ Q. If.l 0 'lI:t _ .~ ~ ~ u vi '0 :2'Vi ::: ~::i c: ~~~::.9~ (t >( ~ .E ..:: u gcp.s~"5 '- ::: c: '::: 0 'S g 0 ~ Vl o~tJt:1J ~o~a~ 0:: ~ l... 'Vj ~ '" '" 2. '" '" - 'Z3 ::: 'E 0 g.,-(j;",Cll 'tl 2. - ~ .!!1 q: ~ ~ Cl .... .... a ._~ a ~rn.....~ ,- ~I "t! ~ a >- .... ... .... a ~ ... a M:" .... a 1--- <Xl to to ",' C"l o ..j .... ... III .... o I- .... U Ql ',,", o ... Q. "0 ~ '~ Cl> a:: c .2 U <( >-1-- f- '--- f- f-- -- - - U I- OJ I >< W Agenda Item NO.1 OC September 13, 2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to assess the overall effectiveness and community value of the Environmental Advisory Council (EAC) and provide direction with regard to attendance, functions and future role as the County's environmental advisory board. OBJECTIVE: To have the Board of County Commissioners (BCe) assess the future of the EAC, CONSIDERATION: An analysis was requested at the June BCC meeting when the BCC reviewed and approved the Environmental Impact Statement (EIS) for the Kraft Construction site, Staff was asked to prepare an executive summary for presentation to the BCC to more carefully assess data related to the record of attendance for EAC committee members. Staff reviewed all the records from all EAC meetings starting with the January 2003 meeting through July 2005 meeting and presented that data to the Bce at their June 28, 2005 meeting. ,- Attendance and Quorum data The updated data includes August 2005 and is as follows: . Attendance data and individual meeting data can be found in Exhibit A and IS summarized in Table 1 for current members. . Since January 2003, 52 land use petitions have been heard by the EAC. . Two (2) land use items out of 52 were delayed as a result of the lack of a quorum. . Two (2) meetings were cancelled by staff because there were no land use petitions to be heard, . Two (2) meetings were cancelled due to a lack of a quorum. Of those two meetings, one did not have any land use petitions; only Land Development Code amendments had to be rescheduled, and the other (the June 2005 meeting) caused two (2) land use petitions to be rescheduled. Table 1. Attendance Data ,- Regularly Scheduled Meetings Percent Members Missed Out of Attendance Mr. Lee Horn 0 9 100% Mr. Michael V. Sorrell 10 32 69% Dr. Erica Lynne 8 32 75% Dr. Judith Hushon 5 16 69% Mr. Ken Humiston 4 32 88% Mr. William Hughes 2 27 93% Mr. Irv Kraut 2 8 75% Mr. Terry Dolan 0 2 100% Mr. Nick Penniman 1 3 67% Agenda Item No. 10C September 13, 2005 Page 2 of 9 EAC History and Responsibilities In January 1999, the Collier County Commission consolidated the functions of the Environmental Advisory Board (EAB) and the Environmental Policy and Technical Advisory Board (EPT AB) into one advisory body, the Environmental Advisory Council (EAC). The Commission subsequently appointed the required nine members to the EAC. The Council, as now constituted, began deliberations in April 1999, The EAC acts in an advisory capacity to the Collier County Planning Commission (CCPC) in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County; and in the review and evaluation of specific zoning and development petitions and their impact on those resources. Specifically the powers and duties of the EAC are defined in the LDC as follows: The EAC shall review all land development petitions which require the following: an environmental impact statement (EIS) per section 10.02.02 of the LDC; all developments of regional impact (DRl); lands with special treatment (ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlays; or any petition for which environmental issues cannot be resolved between the applicant and staff and which is requested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCC) where staffreceives a requestfrom the chairman of the EAC, CCPC or the BCCfor that petition to be reviewed by the EAC. (8.06.03.0 Powers and Duties) Analysis of alternatives The BCC voiced concern at their June meeting that the EAC was not providing the developers a timely opportunity for the petitions to be heard and advanced to the CCPC. The data shows that with 52 petitions over the past 34 meetings, an average of 1.5 land use petitions are heard by the EAC each month. It is important that these petitions are heard in a timely manner. Since the EAC meets only once a month, if a petition is not ready to be scheduled for an EAC meeting, it must be rescheduled for the next scheduled meeting or one month later. Possible alternatives to be considered are listed below. Alternative 1. Do nothing. This alternative consists of maintaining the status quo. EAC would continue to function as it has since the Environmental Advisory Board and EPT AB were consolidated. Advantage: One advisory committee, which focuses its attention on environmental issues, especially those of a long-range planning nature with emphasis on problem solving, Disadvantage: The continued need for staff to coordinate scheduling land use petitions and environmental issues before the advisory board. Timing of proposals and advisory council feedback becomes difficult when the board meets only once a month. - Agenda Item No. 10C September 13, 2005 Page 3 of 9 Alternative 2. Incorporating the functions of EA C into the ccpe This alternative consists of eliminating EAC and having the CCPC perform their current functions. This would require the CCPC to add other topics to its current agenda, including environmental and water management reviews and policy discussions. Advantage: Reduces the number of advisory committees that require coordination by staff for land development regulations and other proposals. Disadvantage: Time needed to perform both functions, Regular EAC meetings now last approximately 3 hours. Those issues will need to be reviewed by the CCPC. The make up of the CCPC would need to change to incorporate at a minimum 4 members with technical expertise in environmental issues, This alternative would require LDC amendments to both the EAC and CCPC sections of the Collier County Land Development Code to permit the combining of these two advisory boards. The amendments could be processed with the first amendment cycle of 2006. Alternative 3. Modify EAC's current structure. This alternative consists of increasing the number of EAC meetings to two a month, Since the average number of petitions that are heard by the EAC each month is just 1.5, there will most likely be times where no land use petitions or issues are scheduled and as such resulting in justification to cancel the meeting. Advantage: Increases the probability of petitions being scheduled to the EAC in an expeditious manner. Disadvantage: Add more workload to the Community Development and Environmental Services (CDES) staff, which would need to schedule, prepare reports for and attend twice as many EAC meetings. FISCAL IMP ACT: There is no fiscal impact for this specific agenda item. Future fiscal impacts will depend on BCC direction. GROWTH MANAGEMENT IMPACT: CCME Policy 1.1.1 requires the County to have a technical advisory committee to advise and assist the County in the development and implementation of the County's environmental program. If the BCC chooses to terminate the EAC it may be necessary to amend that GMP, unless another technical advisory committee assumed those duties. CCME Policy 1.1.1 states: By August 1, 1989, appoint, and establish operational procedures for a technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program. LEGAL CONSIDERATIONS: The EAC functions as an EIS review board pursuant to Chapter 10 of the Land Development Code (Section 8.06.03.M) and its powers and duties are set out in Section 8.06.03.0 as outlined above. ,- RECOMMENDATION: That the BCC provide direction regarding the future of the EAC. PREPARED BY: Barbara S. Burgeson, Principal Environmental Specialist, Environmental Services - Agenda Item NO.1 OC September 13, 2005 Page 4 of 9 Exhibit A. EAC Meeting Summary (January 2003 to August 2005) Date Present Name Absent Name 8/3/2005 Mr. William Hughes Dr. Erica Lynne Excused Mr. Ken Humiston Mr. Irv Kraut Excused Mr. Lee Horn Mr. Michael V. Sorrell Dr. Judith Hushon Mr. Nick Penniman Mr. Terrv Dolan 7/6/2005 Mr. William Hughes Dr. Judith Hushon Knee surgery Mr. Ken Humiston Mr. Michael V. Sorrell Excused Mr. Lee Horn Mr. lrv Kraut Dr. Erica Lynne Mr. Nick Penniman Mr. Terry Dolan JUNE Mr. Michael V. Sorrell Mr. Ken Humiston Sick Mr. William Hughes Dr. Judith Hushon Knee surgery Mr. Lee Horn Mr. Irv Kraut Family emergency Wife having Dr. Erica Lynne Mr. Nick Penniman cancer treatment Mr. Terry Dolan "NM" - 6/14/05 NO QUORUM EAC CANCELLED 5/4/2005 Mr. William Hughes Dr. Erica Lynne Excused Dr. Judith Hushon Mr. Alfred F. Gal Resigned Mr. Ken Humiston Mr. Michael V. Sorrell Mr. Lee Horn Mr. Irv Kraut 4/6/2005 Mr. Alfred F. Gal Mr. Ken Humiston Mr. William Hughes Mr. Michael V. Sorrell Dr. Judith Hushon Dr. Erica Lynne Mr. Lee Horn Mr. Irv Kraut 3/2/2005 Mr. Alfred F. Gal Mr. William Hughes Dr. Judith Hushon Mr. Ken Humiston Mr. Michael V. Sorrell Dr. Erica Lynne Mr. Lee Horn Mr. Irv Kraut ".".-.,.... ,- Agenda Item NO.1 OC September 13, 2005 Page 5 of 9 2/2/2005 Mr. Alfred F. Gal Dr. Erica Lynne Mr. Irv Kraut Mr. Michael Bauer Dr. Judith Hushen Mr. Ken Humiston Mr. Michael V. Sorrell Mr. William Hughes Mr. Lee Hern 1/21/2005 * Mr. Alfred F. Gal Mr. Michael V. Sorrell Excused Mr. William Hughes Mr. Lee Horn "NM" 1-11-05 Dr. Judith Hushon Mr. Ken Humiston Dr. Erica Lynne Mr. Irv Kraut "NM" 1/5/2005 Mr. Alfred F. Gal Mr. Ken Humiston Excused Mr. William Hughes Mr. Joe Gammons Excused Dr. Judith Hushon Mr. Michael V. Sorrell Dr. Erica Lynne 12/1/2004 Mr. Alfred F. Gal Dr. Judith Hushon Knee surgery Mr. William Hughes Mr. Ken Humiston Mr. Michael V. Sorrell Dr. Erica Lynne Mr. Joe Gammons 11/3/2004 Mr. Alfred F. Gal Dr. Erica Lynne Excused Mr. William Hughes Mr. Joe Gammons Excused Dr. Judith Hushon Mr. Ken Humiston Mr. Michael V. Sorrell October MOVED TO 9/30/2004 9/30/2004 Mr. Alfred F. Gal Mr. Michael V. Sorrell Excused Mr. William Hughes Mr. Michael Bauer Resigned Mr. Joe Gammons Mr. Ed Carlson Resigned Dr. Judith Hushon Dr. Erica Lynne Mr. Ken Humiston NO QUORUM/ NO August PETITIONS STAFF CANCELLED Mr. Alfred F. Gal Mr. William Hughes Excused Mr. Michael Bauer Mr. Joe Gammons Excused Mr. Ed Carlson Dr. Judith Hushon Excused Dr. Erica Lynne Excused Mr. Ken Humiston Excused Mr. Michael V. Sorrell Excused Agenda Item NO.1 OC September 13, 2005 Page 6 of 9 7/7/2004 Mr. Alfred F. Gal Dr. Judith Hushon Mr. Ed Carlson Dr. Erica Lynne Excused Mr. William Hughes Mr. Ken Humiston Excused Mr. Michael V. Sorrell Mr. Joe Gammons Mr. Michael Bauer June NO PETITIONS STAFF CANCELLED 5/5/2004 Mr. Alfred F. Gal Mr. William Hughes Mr. Ken Humiston Dr. Erica Lynne Mr. Ed Carlson Mr. Michael Bauer "NM" Mr. Michael V. Sorrell Dr. Judith Hushon "NM" Mr. Joe Gammons 4/7/2004 Mr. Thomas Sansbury Mr. Michael V. Sorrell Excused Mrs. Alexandra Ellis Mr. Joe Gammons Excused Mr. Ed Carlson Mr. Alfred F. Gal Mr. William Hughes Mr. Ken Humiston Dr. Erica Lynne 3/3/2004 Mr. Thomas Sansbury Dr. Erica Lynne Excused Mrs. Alexandra Ellis MEMORANDUM Agenda Item No. 9E September 13, 2005 Page 21 of 30 s Page 10f2 Agenda Item No. 9E September 13, 2005 Page 19 of 30 'Ison s .em: - advisoryboards@colliergov.net Sent: Wednesday, July 13.200510:00 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~K~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 ~A--t]J" . . : ~.:J ~ .' . ~ .:..:;~ July 13, 2005 Application for Advisory Committees I Boards Name: Richard Schmidt Home Phone: 239-354-3490 Home Address: 2786 Orange Grove Trail ~ City: Naples Zip Code: 34120 Fax Number: No information provided. Business Phone: No information provided. Email Address:rschmidt1956@earthlink.net Place of Employment: Retired How long have you lived in Collier County? 1-2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Emergency Medical Services Advisory Council e e Q n " /') ()f)" Experience I Background: Most relavent to this position are the 32 years experience I had as a paramediclfirefighter in Baltimore County, Maryland. I was one of the original EMT instructors in the State of Maryland when this program was inicially set up. I also taught EMS as a member of the Maryland Institute of Emergency Medical Services. I am a life member of the Pikesville Volunteer Fire Company where I held positions as a paramedidfirefighter, officer,and Vice-president. I was a substitue teacher in Collier County for two years when I first moved here. I have served as a Trooper with the Florida Highway Patrol Auxiliary since 2003. As part of that training I have maintained my EMT ststus. I am a very active member of that group. Agenda Item No. 10C September 13, 2005 Page 7 of 9 12/8/2003 Mrs. Alexandra Ellis Mr. Thomas Sansbury Excused Mr. William Hughes Mr. Ed Carlson Excused Mr. Alfred F. Gal Dr. Erica Lynne Excused Mr. Ken Humiston Mr. Michael V. Sorrell 11/5/2005 Mr. Thomas Sansbury Mr. Michael V. Sorrell Excused Mr. William Hughes Mr. Alfred F. Gal Mrs. Alexandra Ellis Mr. Ed Carlson Dr. Erica Lynne Mr. Ken Humiston 10/1/2003 Mr. Thomas Sansbury Mr. Michael V. Sorrell Excused Mr. William Hughes Mr. Alfred F. Gal Mrs. Alexandra Ellis Mr. Ed Carlson Dr. Erica Lynne Mr. Ken Humiston September NO PETITIONS Staff cancelled meetina 8/6/2003 Mr. Thomas Sansbury Mr. Michael V. Sorrell Mrs. Alexandra Ellis Mr. Ken Humiston Mr. William Hughes Mr. Alfred F. Gal Mr. Ed Carlson left @ 3:50 Dr. Erica Lynne left @ 1 :00 7/2/2003 Mr. Thomas Sansbury Mr. Michael V. Sorrell Excused Mrs. Alexandra Ellis Mr. Ken Humiston Mr. William Hughes Mr. Alfred F. Gal Mr. Ed Carlson Dr. Erica Lynne left @ 9:55 6/4/2003 Mr. Thomas Sansbury Mr. Michael V. Sorrell Mrs. Alexandra Santoro Mr. Ken Humiston Mr. William Hughes Mr. Alfred F. Gal Mr. Michael Coe Mr. Ed Carlson Dr. Erica Lynne Agenda Item No. 10C September 13, 2005 Page 8 of 9 5/7/2003 Mr. Thomas Sansbury Mr. Ed Carlson Excused Mr. Michael V. Sorrell Dr. Erica Lynne Excused Mrs. Alexandra Santoro Mr. Michael Coe Excused Mr. Ken Humiston Mr. William Hughes "NM" Mr. Alfred F. Gal 4/2/2003 Mr. John Dowd Mr. Alfred F. Gal Excused Mr. Michael V. Sorrell Mr. Ed Carlson Excused Mrs. Alexandra Santoro Mr. Michael Coe Mr. Thomas Sansbury Dr. Erica Lynne Mr. Ken Humiston 3/5/2003 Mr. Thomas Sansbury Dr. Erica Lynne Excused Mr. Michael Coe Mr. Michael V. Sorrell Excused Mr. Ken Humiston Mr. Alfred F. Gal Mrs. Alexandra Santoro Mr. Ed Carlson Mr. John Dowd 2/5/2003 Mr. Thomas Sansbury Mr. Alfred F. Gal Excused Mr. Michael Coe Mr. Ed Carlson Excused Dr. Erica Lynne Mrs. Alexandra Santoro Mr. Michael V. Sorrell Mr. John Dowd Mr. Ken Humiston 1/8/2003 Mr. Thomas Sansbury . Mr. Michael Coe Mr. Ken Humiston Mr. Alfred F. Gal Mrs. Alexandra Santoro Mr. Ed Carlson Mr. John Dowd Dr. Erica Lynne Mr. Michael V. Sorrell ^~lend<l Item ~Jo Septel1tJer P8qe COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10C Meeting Date: Rlo:cornrnen(JallOn 10 lUJ.sefiS Ihe ()V1~rall effectiveness al1d comlTllJl1j1y v(~I\H~ (l11he Envll"orH'r)€nlal Advisory Council (EAC) and plQvide dir~c1ioll wilh regard~ to attendMce, fLtnctions nnd future role 8slhe Countys environmenlal advisory board (JoReph K. Sc:llmitt Administrator, Commullity Dcvelof)m0nl and Environmental Services Division) 9113120059:00:00 AM Approved 8)-' BarlJarn S. 8urgellon Community Dovelopmlmt & E.nvironmental Servlcell Principal Envlronrncntal SpecialilH 0". Environmental ServlCl'S 8/24/2005 4:11 PM Approved By Wilham D. Lorenzo., Jr., P.E. Envlronml!111al SerVICOS Director Dale Community OfJvelopnmnt & Environmenttll St'rvlce6 Environmental Services 6/24/20054:14 PM Appw\'ed By Snndra L~ll ExecutivE!' Secrelary Community Oo\((!:jopmont & Commur'\lty Developml'nt & Envtronrnenltll Service,. Environmomal Services Admin. Date 8fZSf2005 9:28 AM AI~Provcd B,)' Constance A. Johnson Oper",UoOf> Analyst Ontc Community Development 8. Community Development & Environm(!:ntlll Sorvic(!:s Environmental SerV1C~)S Admin. 8125/2005 9:43 AM Approved By JOf>eph K. Schmitt Community Dllvelopment & Environmental Services Admmstrtltor D". CommLJnity Development & Envitonmental ServIces Community Developmunt & Environmentlll Services Admin. 8/2512005 1 :25 PM A flprovcd By OMB Coordinator Administrati...e Auistant Dm County Manager'll Office Office 01 Manag~ment & Budget 8/29/20059:32 AM A IIJlro"ed By Mark I&ackson Budget' Analyst 03'l'e County Manager's Offjce Ofriee of M8J)8~menl & BUdget B/2912005 5:17 PM Apprtlved By Mich/l(!1 Smykowski M:magm'flont & BU(ige1 Director Dote County Man<lger's Office Office of Mall9gerT14.':nt & Budget 8/29/20055:24 PM AIJIJrOl'ed B,) Jame!> V, Mudd County Mannger Date Ba;lrd (]f County Commissioners Coun1y Mllnager's Office 8/3012005 3:4Q PM ~~ ~<#: IDe Sep~r 131 2t1J) p~. l tJ Memorandum To: The Board of County Commissioners of Collier County (BCe) cc: Jim Mudd, County Manager Joe Schmitt, Community Development and Environmental Services Division Administrator Cheri ROllin~"dministrative Assistant From: Date: September 8, 2005 Subject: Back-up Material regarding Bee Agenda Item 10C for September 13, 2005 Attached please find additional back-up material regarding Bee Agenda Item lOC for the September 13th regularly scheduled Board Meeting. The attached memo was approved by the EAC unanimously at the September 7, 2005 EAC meeting. The EAe requested that the Bee have this memo prior to the Bee's September 13, 2005 meeting. If you have any questions regarding this material, please feel free to contact me at 403- 2424. Thank you. .,--.---- ---~.----- .-----,~ -- ~~ Environmental Services Department Community Development & Environmental Services Division 1ke~k :Q1tL ~ t, ~~eY- 131 ') :U II i TO: The Board of County Commissioners of Collier County (BCC) FROM' The Collier County Environmental Advisory Committee (EAC) SUBJECT: Concerning the Future Role of the BAC DATE: September 7,2005 The BAC is staffed by volunteers who have responded to requests by Collier County to assist the BCC and County Staff to decide often complex environmental issues. Most of us have extensive environmental experience which we bring to bear on each and every petition placed before us. At the present time this expertise is well-balanced and includes engineers, geologists and chemists as well as biologists and ecologists. Together we have amassed a wealth of practical experience often with situations similar to those confronting Collier County. We wish to emphasize the following points: · This is a volunteer group. It takes 2 to 8 hours per month to review the project paperwork thoroughly and another 3 to 8 hours to participate in meetings. We are not paid for this time. · If the responsibilities of the BAC were delegated to the Collier County Planning Commission (CCPC), the length of the CCPC meetings, and member preparation time for meetings, would significantly increase. Often, the twice monthly CCPC meetings last all day, and sometimes into the night. If these volunteers were tasked with the additional review for environmental consistency, their workload would substantially increase. I I · Ifthe responsibilities of the BAC were eliminated altogether, the BCC would be forced to make decisions regarding environmental consistency issues without the benefit of recommendations from a highly qualified and knowledgeable committee. · Only one meeting at which land use petitions were to be reviewed has had to be cancelled due to a lack of quorum and that occurred during the summer (June 2005) when the BCC itself takes a "breather." · The BAC was prepared to hear the Kraft petition at their May meeting but it was "pulled" by staff and then rescheduled for June 2005. · When land use petitions are reviewed, we try to require appropriate modifications to bring the projects into alignment with our GMP's intentions. These suggested modifications, which have been accepted by the applicants help to improve the future environmental conditions at their site. A-eMct :r;~l1L iI Me ~~N.ber 1'3.' ~ao) p~. /~ I · The level of the science of the land use petitions brought before the EAC has been improving. This means we have had a role in educating the petitioners on what data are required and how they should be presented. This has been particularly true where sampling and analytical data were acquired at the site and included in the EIS. · We are also expanding our knowledge of the Collier County land management process and with this expanded knowledge we can review projects with more insight and provide more relevant and applicable Comments on how they could be improved. To this end, we have received some educational presentations and expect to schedule more in the future. We on the EAe strongly feel that the service we provide to the Bee is valuable and for this reason we volunteer our time to do it. It does not appear that there is a need for twice monthly meetings since we are keeping up with the workload under the current schedule. The only possible change we might recommend would be the naming of some alternates who could be asked to sit in if a quorum was not expected to be present. Given the history ofthis advisory committee, however, even this does not appear to be required at the present time. Our recommendation is that the Bee do nothing with regard to this issue, allowing the status quo to continue. .. ~ e llLiol J.~tVl :# (6 C- I S~fuher /3 l~~) f~' J3 I .1 . ~ ~177/~ Kenneth Humiston, Vice Chair ) Terry Dolan -::8.~_ ~(L)>>,.~ J th Hushon, Ph.D. ~~~ aut Nick Penniman 7fttc~(!~ ~/~1 Michael V. Sorrell .,,-.. Agenda Item NO.1 00 September 13, 2005 Page 1 of 7 EXECUTIVE SUMMARY Board to consider redistricting of the County Commission District boundaries and, if so directed, to approve criteria for establishing those boundaries. OBJECTIVE: To obtain direction from the Board whether or not to initiate the redistricting process and, if directing staff affirmatively, to approve of staff using the criteria outlined further below for the purpose of establishing new county commissioner district boundaries. CONSIDERATIONS: Article VIII, Section 1 (e), of the Constitution of the State of Florida requires that, after each decennial census, the Board of Commissioners are to divide the county into districts of contiguous territories as nearly equal in population as practicable, with one commissioner residing in each district elected as provided by law. Section 124.01(3), Florida Statutes, further requires that .. The board of county commissioners shall ji-om time to time, fix the boundaries of the above districts so as to keep them as nearly equal in proportion to population as possible; provided, that changes made in the boundaries of county commissioner districts pursuant to this section shall be made only in odd-numbered years." Therefore, if the Board directs staff to commence redistricting, the Board will have to adopt new Districts no later than December 2005. The last redistricting occurred in 2001, following release of population data from the 2000 Census. The 2000 population resulting from that redistricting is shown below (Table 1). The ideal population (total population of251,377 divided by 5) was 50,275. Following the 2001 redistricting, none of the five districts deviated from that ideal population by more than 1.6%. TABLE 1 BCC 1 - Fiala 2 - Halas 3 - Henning 4- Coyle 5- Coletta sum District 2000 50,229 49,492 50,884 50,341 50,431 251,377 Population All County Commissioner districts have experienced population growth since the 2001 redistricting; however, the amount vrnies significantly among districts. Most notably, District 4, which includes the City of Naples and its environs, has experienced the least population increase, followed by Districts 1 and 2. District 3, which includes portions of the rapidly growing Immokalee Road, Vanderbilt Beach Road and Collier Boulevard corridors, has experienced the most growth, followed by District 5. Mid-decade redistricting due to population growth last occurred in 1995. Population estimates as of 2004, and the percent deviation from the ideal population, are shown below (Table 2). To achieve population equity, each district would have a population of approximately 61,237 persons. For some perspective on these deviations, the 2000 District population (prior to the 2001 redistricting) contained these inequities: District 1 -- 19.1 % below ideal population, and District 3 -- 14.7% above ideal population. TABLE 2 1 Agenda Item NO.1 00 September 13, 2005 Page 2 of 7 BCC 1 - Fiala 2 - Halas 3 - Henning 4- Coyle 5- Coletta sum District 2004 56,414 58,561 72,431 52,953 65,827 306,186 Population Equity Pop. -7.9% -4.4% +18.3% -13.5% +7.5% Deviation IF the Board directs staff to commence redistricting, staff proposes the following three criteria be used so as to comply with the Florida Constitution and Florida Statutes (these are the same criteria approved by the BCC in 2001): 1. The population total of each district should be as similar as possible. 2. All districts should be as compact and regularly shaped as feasible. 3. The incumbent Commissioner's residence must remain in his or her current district. Additionally, there are other considerations that must be taken into account, including: a) avoiding retrogression (declining) of minority voting strength; b) maintaining communities of interest; c) minimizing disruption to former districts; and, d) choosing well-defined and easily recognizable boundaries. Also, with the 2001 redistricting, uniformity was achieved between the district boundaries of the School Board and the County Commission. It is presumed that both Boards desire to maintain that uniformity. School Board staff has expressed an interest and willingness to again assist in the redistricting effort. As has occurred in the past, redistricting is expected to be a collaborative effort between staff of the Community Development and Environmental Services Division, the County Attorney's Office, the District School Board of Collier County, and the Supervisor of Elections Office. Also, the Communications and Public Relations Department is expected to assist in a public information role. Redistricting is a major undertaking involving a significant amount of staff time (see Attachment A, Redistricting Project, for the major components). Though staff did not track the time spent on the last redistricting in 2001, which occurred over a six-month time period (began in May, new map adopted in November), a rough estimate is that it took between 300 and 500 man-hours. If staff (Comprehensive Planning) is diverted to that effort, it is expected to have some impact on many other work projects and assignments (see Attachment B, Memorandum, dated August 23, 2005). Because of the sensitive nature of this project, and the short time period in which to accomplish it, contracting for consulting services is not considered feasible. FISCAL IMP ACT: If the Board gives direction to commence redistricting, it will result in expenditure of funds: 1) to have public notices, and possibly other documents, translated into Spanish and Creole; 2) to have notices - in English, Spanish and Creole - published in one or more newspapers prior to public meetings; 3) possibly, to hire interpreters for public meetings (it is hoped that the School District will provide personnel); and, 4) to publish the adopting 2 Agenda Item NO.1 00 September 13, 2005 Page 3 of 7 Resolution twice in the Naples Daily News, after adoption of new boundaries at a subsequent Board hearing. The redistricting task itself will be assigned to existing County staff. GROWTH MANAGEMENT IMPACT: This item has no Growth Management Plan impact. LEGAL CONSIDERATIONS: The Board clearly has the prerogative to authorize redistricting in this odd-numbered year. Inquiries at the State level (the Attorney General's Office and the Florida State Senate, Select Committee on Apportionment and Redistricting) have received informal opinions that redistricting between decennial census years is not required by law. RECOMMENDA TION: Board to consider redistricting of the County Commission District boundaries and, if so directed, to approve criteria for establishing those boundaries. PREPARED BY: David Weeks, AICP, Planning Manager, Comprehensive Planning Department Ex Sum BeC redistricting direction, criteria approval FINAL#2 G, Camp, 2005 BCC Redistricting dw/9-6-05 3 r\qenda Item No 1 DO September 13, 2005 P<:lge 4 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 100 Bo~tr(j to C0J15idel redislriehng of 1hp County Commission Dis1rkt boundaries and, if so directed. to approve criteria for establishing thm.e boundaries. (Joseph'" Schmitt, Administrator, Community DevelQpmenll'lnd Environmental Services DivisIon) Meeting Date: 9/13/20059:00:00 AM Apl)rOved By Jeff Klatzkow Assistant County Attornoy 0'"'" County Attorney County Attorney Office 8/25120052:11 PM A pprovcd By COlldance A. Johnson Operations Analyst Community Development & Community Development & Environmental Services Environmental Services Admin. Date 8125/2:0052:58 PM A ppn)\'cd By Sj]f1dra Lea Executive Secretary Date Community Development & Community Development & Environmental Service. Environmental Services Admin. 6125(20053:13 PM Approved By Randall J. Cohon Commuinty Planning nnd Redevelopment Manager Date Community Development & Environmental Services Comprehensive Planmng 6!26/200511:5a AM Approved By DlIvld Weeks. AICP Chief PIMner Date Community Development & Environmental Services Comprehensive Planmng 8/26/200512:53 PM Approvcd By Joseph K. Schmitt CommunIty Development & Environmental Services AdminstratOf O.le Community De\'elopment & Environmentoal Services Community Developme-nt & Enviromnemal Servicer; Admin. 8/26/20057:55 PM Aflproved By OMS Coordinator Adm~nisttlltive Assistllnt Ome County Manager's Office- Ol'fice of Management & Budge1 8/29/20059:49 AM Approved By Mark Isackson Budget Analyst Ome County Manllger'fj Office Office of Management & Budget 8129/200511:16 AM ApprO\'cd By Michael Smykowski Mlilnagement & Budgef Director Date- County Monagcr's Office Office of Manaflement & Budget 8(291200$ 5:05 PM Allprovcd By JameS V. Mudd County Manager Date Board of County Commisliioners County Manager's Office Br30/2005 1 :05 PM Attachment A, Redistricting Project Agenda Item NO.1 00 September 13, 2005 Page 5 of 7 # task 1 determine existing total population by BCC District 2 prepare ExSum for direction, and approval of criteria 3 determine capability/compatibility of Elections Office GIS with CDES GIS 4 possibly convert Census Block data into TAZs - total, and >18, population with minority data 5 determine extrapolation methodology for minority and voting age population increase (& distribution?) 6 prepare map alternatives (no less than 3) 7 prepare population spreadsheet for each alternative - total, >18, minority 8 create boundary description of each alternative 9 prepare minority population retrogression analysis of each alternative 10 place meeting dates/times/locations (and other info?) on govt. channels (11 & 54) 11 create and maintain redistricting web site on Comprehensive Planning page and/or County home page 12 schedule for HAAS and BAAB meetings 13 prepare agenda packet for HAAB and BAAB meetings 14 present map alternatives and related data to HAAB and BAAB 15 prepare summary notes from HAAS and BAAB meetings 16 schedule public meeting at County Government Center, in Golden Gate area, and in Immokalee area 17 obtain Spanish and Creole interpreters for each meeting 18 prepare public notice for each meeting 19 have public notices translated into Spanish and Creole 20 obtain legal review for each notice 21 prepare advertising for notices (in 3 languages) for Naples Daily News 22 for Immokalee meeting, send notices to Immokalee Bulletin as well?? 23 for Immokalee meeting, post notices at post office, community park, other locations?? 24 prepare agenda packet for each meeting 25 present map alternatives and related data at each of the 3 meetings 26 prepare summary notes from each meeting 27 schedule BCC hearing -- November or December? 28 obtain Spanish and Creole interpreters for the BCC hearing 29 prepare Resolution for each alternative 30 prepare legal ad for BCC hearing 31 have legal ad translated into Spanish and Creole 32 obtain legal review for legal ad 33 prepare legal advertising (in 3 languages) for NON 34 prepare Redistricting Report, an analysis of each alternative 35 prepare ExSum for adoption of new districts 36 present to BCC the map alternatives and related data, public comments received at various meetings, etc. 37 assist County Attorney's Office in preparing submittal for pre-clearance review bv U.S. Dept. of Justice 38 follow-up work with Graphics staff for the adopted map 39 after Dept. of Justice pre-clearance, place map on website 40 review and revise list of associations from BCC office to reflect change in Commissioner Agenda.BCCAGENDA.] 5627 G, Compo 2005 Bee Redistricting dw/S-2005 Attachment B Agenda Item NO.1 00 September 13, 2005 Page 6 of 7 Memorandum TO: Joe Schmitt, CDES Administrator FROM: Randy Cohen, AICP, Interim Director, Comprehensive Planning Department RE: BCC Redistricting; Comprehensive Planning Department Staff Impacts and Project Related Effects DATE: August 23,2005 The Comprehensive Planning Department currently has 14 budgeted positions consisting of 12 professional planners and 2 planning technicians. Of the 12 professional planning positions, there are currently 5 vacancies as a result of attrition. Comprehensive Planning Department management, with the assistance of the County Human Resources Department, is expediting the search in an attempt to fill those vacancies as quickly as possible. However, there is a "planner" shortage nationwide that is acting as an impediment in the attempt to attract qualified applicants with the capability of implementing Collier County's complex GMP. Rising housing costs exacerbate the difficulty of filling these positions. Staff reassignments have occurred already in an attempt to meet existing deadlines for projects already tasked by the BCC and county management. If the BCC issues a policy directive to implement redistricting prior to the end of this calendar year, staff resources will not be available to remain on schedule with current staff assignments. Current staff is stretched so thin right now that meeting those deadlines is already problematic. Therefore, it is prudent to analyze staff impacts and project related effects that would transpire if the BCC so directs comprehensive planning department staff to implement redistricting analysis and with the expressed intent of creating new BCC districts. The project related effects are as follows: 1. Redistricting - Analysis completed by staff with new districts adopted by the BCC in December 2005. 2. AUIR - December 2005. 3. 2005 Population update - Early September 2005 (prior to completion of 2005 AUIR). 4. East of County Road 951 Study - Preliminary report tentatively set for BCC consideration on October 11, 2005. Consideration should be given for final report preparation by outside consultant in order to meet October 2006 project deadline. 5. SSA Applications - LDC contains requisite review parameters that must be followed. Additional SSA and SRA submittals are anticipated in the next two-three months. 6. Smart Growth/Community Character LDC Amendments - Completion by January 2006 for 2006 cycle 1. 1 Attachment B Agenda Item NO.1 00 September 13, 2005 Page 7 of 7 7. EAR-Based GMP Amendments - Schedule delays inevitable with current staffing (but must meet statutorily-mandated adoption deadline). 8. TDR Applications and processing - Delays anticipated with current staffing. 9. GMP Consistency Reviews - Ongoing with no delays. 10. Pre-Application meetings - Ongoing with no delays. 11. 2005 GMP Cycle Private Petitions - Delayed 12. Golden Gate Zoning Overlay - Will be completed in current LDC amendment cycle. 13. Immokalee Zoning Overlay - Ongoing staff support during next fiscal year. No delays anticipated. 14. Immokalee Redevelopment Area staff support - No staffing issues anticipated. 15. Commercial and Industrial Property Inventories - Delayed. 16. Demographic and Economic Profile - Delayed. 17. Customer Service/Response to requests and inquiries from the public, development industry, other County departments and agencies, other government agencies - Delayed Response Time. The aforementioned projects do not take into account the complexity of some ofthe submittals that may be forthcoming. For example, complex SSA submittals in conjunction with an RLSA village SRA will inordinately burden existing staff to the point that other priorities will have to be shifted to meet deadlines imposed by BCC policy directive or county management. The aforementioned project schedule, assuming BCC policy direction to implement BCC redistricting, is optimistic with existing staff resources that are currently available in the Comprehensive Planning Department. It will take an abundance oftime to replace the institutional knowledge that has been lost in the last few months as a result of attrition. In the interim period, comprehensive planning staff will strive to produce professional work products in a timely manner consistent with BCC and management policy directives. Regardless, it is inevitable that additional restructuring of staff resources will result in additional adverse project related effects. Therefore, periodic project and staff updates will be provided in order to meet all applicable time sensitive policy directives. It warrants reiteration that this staffing predicament will not be rectified in the short term and the effects will be hard felt for at least 6 more months. Attachment B BCC Redistricting Staff Impact G, Comp, 2005 BCC Redistricting rc-dw/B-24-05 2 Agenda Item NO.1 OE September 13, 2005 Page 1 of 44 EXECUTIVE SUMMARY Recommendation to terminate for cause the Lease Agreement between Collier County and Gulf Coast Skimmers Water Ski Show, Inc. Obiective: To exercise the County's right under the Lease Agreement between the County and Gulf Coast Skimmer Water Ski Show, Inc. to terminate the Lease for cause effective Thursday, September 15, 2005. Considerations: On March 8, 2005, the Board of County Commissioners approved a recommendation to give notice of intent to terminate for cause the Lease Agreement between the County and the Gulf Coast Skimmer Water Ski Show, Inc (Item 10G). The Lease Agreement requires that the County provide the "Lessee with one hundred and eighty (180) day termination notice. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid." Notice of intent to terminate, dated March 17, 2005 and postmarked March 18, 2005, was provided in the manner as prescribed by the Lease. - Throughout the existence of the lease, Gulf Coast Skimmers Water Ski Show, Inc. has experienced considerable internal conflict and has had a discordant relationship with Collier County. In 1999 the Skimmers organization sustained internal factioning so fierce that several incidents occurring on Demised Premises required the intervention of Sheriffs deputies. A legal battle ensued. The organization is once again experiencing internal turmoil, and on February 6, 2005 confrontations again demanded a police presence. On February 9, 2005, Glen Herriman, current president of the organization and acting on its behalf, file a two-count Verified Complaint and Ex Parte Emergency Motion for Temporary Injunction. That day, Acting Circuit Count Judge Murphy entered an Order enjoining John Gursoy from entering the Demised Premises or participating in Skimmers activities, and ordering Mr. Gursoy to return property he seized without authority. The Complaint, Motion, and Order remain valid. The incessant infractions of the terms of the lease and volatile atmosphere within the Skimmers organization continue to lead staff to believe that terminating the Lease Agreement is in the best interest of the public. Fiscal Impact: As a result of the termination of the Lease Agreement, Collier County will reimburse the Gulf Coast Skimmer Water Ski Show, Inc. $218.33 in advance rent payment. - Agenda Item NO.1 OE September 13, 2005 Page 2 of 44 Growth Manaaement Impact: No Growth Management Impact is associated with this action. Recommendation: That effective September 15, 2005, the Board of County Commissioners terminates the Lease Agreement between the County and the Gulf Coast Skimmers Water Ski Show, Inc. Prepared by: Mary Ellen Donner, Assistant Director, Parks and Recreation -- ,-- J>,genda liem No. 1[lE Sep:emher1 J, 2C105 rJaoe 3 of 44 COLLIER COUNTY BOARD Or: COUNTY COMMISSIONERS Item Number: Item Summary: 10E Re(;CltllmenaallOIl to lerminr-lle tOI cause the Le<lf>e p{lrtlemenl between Collier COUllty find Gulf Coast SkllTlmerli> Water Ski $how.lnc (MarlA Ramsey, Administrator, Public Se:rvices) Meeting Date: 9/1312005 9:00:00 AM AI1llrtwcd By Kathy Carpenter Executive Secretary D"'" Publtc Services Public Services Admin. 8/29/2005 1 :20 PM Approved By Murdo Smith Bea~h and Water Superintendent Date Public Sorvlces Parks and Recrelltion 6/29.'20055:02 PM Approved B;\" Robort N. Zachl1ry Assistant County Attorney D"'. County Attorney County Attorney Office 6/30l2D05 9:45 AM AI)prO,,'cd B)-' Marla Ramsey Public ~r\iiccG Administrator D"'. Public Services Public Services Admin. e/30/200510:19 AM A pprovcd By OMB Coordinator Administr ntl've Assistant D... County Manlilger'l) Office Office of Management & Budget 6/31120059;21 AM APlmwcd By GtU}I A. Vincent Mnntlgernent & Budget Anlllyst Dnte County Manager's OffICe Office ot Management 8. Budget 8/31/200511:17 AM AI)I)ro,'cd B~' Michnel Smykowskl Management & Budgel Director D"", County Manager's Office Office of Management &. Budget 8/31/200511:53 AM AJlprovcd Sl James V. Mudd County Manager Date Board of County County Manager's Office ~'6/2005 1;48 PM Commissioner6 Agenda Item No. 10E September 13, 2005 Page 4 of 44 COLLIER COlJl~TY DMSION OF PUBLIC SERVICES Park~ and Recreation Department 3300 SantaBarbara Boulevard · Naples, Fiorida34116 · (239) 353-(1404. E~\ (239) 353-1002 Website: colliergov.net March 17.2005 Gulf Coast Skimmers Water Ski Show, Inc. 4002 Cindy Avenue Naples, FL 34112 ., Attention: Glenn Herriman President Dear ~vfr. Herrimlli"1: The Board of County Commissioners, at 111e Tuesday, March 8, 2005 meeting, approved the termination of the Lease Agreement between Gulf Coast Skimmers Water Ski Show, Inc. and Collier County. As required by the Lease Agreement, the Gulf Coast Skimmers Water Ski Show, Inc. is hereby being provided with a one hundred and eighty (180) days termination notice. By way of this letter, the Lease Agreement benveen the Gulf Coast Skimmers \Vater Ski Show, Inc. and Collier County will terminate on Tuesday, September 13, 2005. Yours truly, 0/ /) I~ ~'''--J -t/c.:vv?~-...o ....kl?~C-/ ~ Murda Smith Director. Interim Collier County Parks and Recreation Department c. Robert Zachary, AssistaIl1 Coumy Attorney Marla Ramsay. Public Services Administrator Jim Mudd, County Manager L' ...:.... / ., r 'j~~L- --- I? ,I' "71(Y c ?' 7 "z~, (";c / (" 5:55.'- :ir;.r 7 '" c::: e.,. C (") ~ ';......".-----.........~----- L " Agenda Item NO.1 OE September 13, 2005 Page 5 of 44 COllIER CO~TY DIVISION OF PUBLIC SERVICES Park." and Recreation Department 3300 Santa Barbara Boulevard · Naples, Florida 34116 · (239) 353-0404 · FAX (239) 353.1002 Weosite: colliergov.net March 17, 2005 Gulf Coast Skimmers Water Ski Show, Inc. 288] 64th Street Southwest Naples, FL 34105-7333 Attention: Glenn Herriman President Dear Mr. Herriman: The Board of County Commissioners, at the Tuesday, March 8, 2005 meeting, approved the termination of the Lease Af:.'Tcement between Gulf Coast Skimmers Water Ski Show, Inc. and Collier County. As required by the Leaqe Agreement, the Gulf Coast Skimmers Water Ski Show, Inc. is hereby being provided with a one hundred and eighty (180) days termination notice. By V\lay of this letter, the Lease Agreement between the Gulf Coast Skimmers Water Ski Show, Inc. and Collier County will terminate on Tuesday, September 13, 2005. Yours truly. J!Y;?ia-~~~ Murda Smith Director, Interim Collier County Parl::s and Recreation Department C. Robert Zacna,'1', Assistant County Attorney Marla Ramsay" Public Services Administrator jim rvludd, County Manager l' ---,../' ""y. -. '" t //{.~>..l~/'c:"'-,.,(", :/' t'~'t.:if:; c:.::~;,..:. ,- ()C'~l (-. ..;;- ~__, ~;'"5 J/{.~ ;;;- ,J - I c ~~ I ,rt(~.; " c L a Item NO.1 OE mber 13, 2005 Page 6 of 44. D ~l .. , ,- . ." ';.' ; , , " . > , ~ .: /' , ,.. .', . . ~";"~ .j ~: ~ ~I \9 U") U") m U") '? 1 ~ Postage $ ,.;; "C "Hh Certified Fee -:;;,6(:1 ~~/,), /fJ#t/ t'~ "/q. Retum Rec~IDt Fee ! .7~- / { ~ ( po\fm~, '\ (Enoorsement Required) f - H~ ;:> "7~:O Re!rtrlctod Delivery Fee \~ \ 'L\j~IJ;{l (Enamsement Required) ~. Total Postage (;, Fees $ LI. I--l ~ :1 34119.l>.(J~ ...LI r=l D D D ru U") Recipient's Name (Please Print Cleerly) (To be completed by meUer) D --..-Mt:,,-_(;;J-gDX!__Ji~,J;'_r_tIJl?-I'.L.___?f",~.EJ..9!?J.1_t..___________ D Street, Apt. No.; or PO Box No. D 2881 64th Street SW D cily,''i:i,;;;.;-Zip;-'4--------------------------------------------- I"'- Na les FL 34105-7333 "j,." + if(:n I ". -:.lIEf c o '::J <ll a; C. E o t.l (Jl (Jl LU ex:: Cl Cl <r ~ 5. Signature (Addressee) ::::> f- ~I 6. Signature (Agent) .... ~ SENDER: .C;; . Complete items 1 and/or 2 for additional 5~rvices. m .' ComDlete irem~,3, and 4a & h. j U) . Print your name and address on the reverse of this tOI. .J that we can Q; return this card to you. - 'I t ~ . Attach this form to the front 61 the mallpiece, or on the back if space .. does not permit: . -5 . 'Write "Return Receipt Requested" an the mailpiece below the article number, 2. 0 Restricted Delivery . The Return Receipt will show to whom the article was delivered and the date delivered_ Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number G111f.-Coast Skimmers Water S]d Sho ,Inc. 700D<95206~g16 Att-enf:ion: Glenn Herriman 4b. Service Type o Registered 0 Insured 2881: 640th St_ SW Cl:! 'LJ Certified' 0 COD - I Nap~~lp' ....' F 3410~,-,7333,,/ ~'(j; n Express Mail '--; atum Receipt for ::l" - t Mecchandise E;' 7. Date of Delivery", __ ~ j \v\ ~ g >- 8. Addressee's Address IOnly if requested ..;,: and fee is paid) ~ I also wish to receive the following services Ifor an extra fee): 1. 0 Addressee's Address ... t, ':;. .... <Il (Jl 0. 'CD ("l <Il ex:: i:: :; a; :::: t= :i o >- PS Form 3811. December 1991 '" ",u.s. GPO: 19B2-32:Hl02 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SER\fICE~ ~\;:..K;" ;.i 1.\' < (-' P:~>~ Official Business - 'Ll ~, :~ I.[~R ! \~ ':', . \ ,"'" "Et.JAL-r/FCJR PRll.i:;'TEL USE TO;t,:-?DJDiW:'ME (GF POSJilGE;:-.s Print your name, address and ZIP Code here . . Collier County Par];;,s & Recreation Dept. Attention: Mary Ellen Donner 3300 Santa Barbara Blvd. Naples, FL 34116 , t: L' -.:.:. tit (; un ~ ~j> rj~~'~li~~i-?r.fl~'rjll ';1 "fl"'t I !'"l l ... .or'...... ~''f~'." V'.. "\~ '() \"I'/J...'l.d~,'~,t' 'I'.~i(l: _. .."_': c!"\ :rt.l~" : ~..:PastaliSetvlPl!:' ,,' " "".' I' " 1 ~ "'~':II'",^,n,~ ' ,., ,.,.':' Il,~IaU.I~~"DfIOLL..,l;t:l~II7.'7.I,-; . I : "tDamBStlr:;,/l'Ilaihrlgly.;, 'NO:dllSUMr:r.ce,iI:.oV,eraye!~r~lim'epif : ;::'4\ , . , '. .. I I ' L "J ... '-, I ~f \ - I' '~,t' ,\ t A d Item No. 10E er13,2005 age 7 of 44 l~,~.' 'I,I.{., "-;.\ '.1;,1',',\ .,', " ~I,~~ .~,' I' "~"l'/:~'" ~'l"'~'l( ~ ,l,,:,.,/.~ ~',.'~\;t ~r U1 U1 rn U1 '0"'" ; , 3? ''J, '3. (:) (,7:::;,- ~::, T /r"\G.E GH::-".....~ ,1' ,"}0\) ...---:' v'o. ~~ l~4//..., ,() "<9t.~ ( ,-.::1 1"\ ~\'" \\ :"'l '" I .Q:""" "'-;,~ I ~:::. -1.. ~ . c" v' \~ ':::>' \ POSUTmI/l. , .::3 ,~ 1\~p ~iJ ~,j'~ ~'" ',," 34~1~'l:.cs ~ ~ CertifIed Fo" ...n Retum Receipt Fee ,..., (Endorsement Required) CJ Restricted Delivery Foe CJ (Endorsement Required) Total Postage &, Fees $ L{ '-(;.l CJ ru U1 Fiec:iplf~mt's Name (Pleaso Prlnl CI""r/y) (To be comp/slad by mailer) J ' o Glenn Herriman o S'i'iDiii."Apr:,.;,:;o;-jiOEi;;.,Na-.-....-..-..-.-..-----.-.-,.-."---"-'--- CJ 4002 Cindy Avenue I '::J ciiy;s~r;:_Zip~-4-.--..__....-..._---_..-----.--_.----'-'---'-1 I Naples, FL 34112 I ,.t~::!.:\.IIJf.:m.I~~t:ll\lJy..!&II!.~~~~rc:BJj;~~.:I;.l~lm:~m1~~ "- -8. SENDER:, . 'iij . Complete items' and/or 2 for additional services. III . Complete items 3. and 4a& b. en .. Print your D,ame and address on the reverse of this form so that we can Q) retum this: card to'you. ~ . Attach this form to the front 01 the mail piece, or on the back it space .... does not permit. ! . Write. "Return Receipt RequR!'aed" on the maiiniece below the article number, -;:: . The Return ReceIpt will Bhow to whom the article was deliv8md and the date g delivered. "0 III .. III c.. E o t) C/) C/) w a: o o o:t .; I also wish to receive the following services (for an extra fee); 1, 0 Addressee's Address III o .:; a; en 3. Article Addressed to: 2. 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number ... , c..i 'w I 0' OJ J a:' I Gulf .coast Skimmers Water Ski Show, Inc. Attent~on: Glenn Herriman 4002 Cindy Avenue Naple~, L ) 7000 0520 0016 5355 8687 4b. Service Type o Register'ed 0 Insured o Certified 0 COD g' , o Express Mail '~Return Receipt for .~ >"-Ivlerchandise ... 7. Date of ~er.V)) .E ~'~ 5, 8. Addressee's Address (Only if requested .:- I and fee is paidl ~ ' i= i:: :; .. CD c: 2 5. ::l I- W a: :s g, PS Form 3811, December 1991 ","u.s. GPO; 1992-323--402 DOMESTIC RETURN RECEIPT 2. . UNITED STATES POSTAL SERVICE q' .-('(.' " f . , (, .~... PM < '.'1' 1-- ,...-, Official Business \.\1...;:; ~ llllll~-/'\ ?~~'''' j-'-"'; it'" '\:I, '" 4;~ \ :. ~',~'Y I -. ".. , I,.,; '<'" : /;::~,.~~::~!:~):I~;; \ Jl~:~:\~ 4,\,~~~ PENALTY,FQfiFFlF.U:-JA TE USE TO ..~'\LQU;rpA',!.MEN"f-- 6-OF POS1A12E;'{];30 Print your name, address and ZIP Code here . Collier County Parks & Recreation Departmel1 Attention: Mary Ellen Donner \ 3300 Santa Barbara Blvd. Naples, R- 34116 1,.1 n Hl~..l.,.IL IIIL1L..J 1... H..IL m $lmL.~;ml. . ,Jill . -' . Agenda Item No. 10E September 13, 2005 Page 8 of 44 .- RESOLUTION OF DIRECTORS The Board of Directors of Gulf Coast Skimmers .Water Ski Show, Inc., at a duly called meeting held on February 4, 2005, at which a quorum was present, adopted the following resolution: . " , ; I . WHEREAS, John Gursoy has, on more than one occasion, operated the ski boats during the Corporation's water ski show in a manner that could have resulted in the serious injury or de8th of another person, and this conduct has been observed by several m~ of the .. .. oiganizanon; and W'HEREAS. allegations of sexual misconduct have been made against John Gursoy, and while those allegations have not been proven and the Directors do not believe the allegations, the Board must nevertheJess address this serlOUS situation, in order to uphold" the responsibility of the Directors to the young people involved in the organization;. and WHEREAS, the Corporation's boats and other property have been stolen and the . Corporation's property at Lake Avalon has been vandaJi7.ed. all under circumstanceS that lead the .Di.rect:Ors toa strong suspicion that John Gursoy bas conducted or been involved m,dJese . . activities; , , " , . " . . I IT IS THEREFORE RESOLVED, that John Gursoy, until further notice, shaU!not enter uPon the Corporation's property at Lake Avalon, or upon the Corporation's half ofUke Avalon, or participate in any ~vities of the Corporation or the water ski show. ." i ." " . . I , . IT ISFVRlHER RESOL VED,that JohnGursoy V1.illOO considered in trespass ifhe . violates the prior resolution, in which case the Corporation's President, Glenn HCIIiman, is . authorized to pursue all legal remedies available to the Corporation as a result of such trespass; . . ". IT IS FURTI:lER RESOLVED, that demand is hereby made on John Gursoy,.by mcans, . " of this teS()lution, for the return of all of the Corporation' s property improperly taken, including _ but not limited to all boats,alI keys both new and old, and all books and records of the .. Co.rPoration. " AND IT IS FINALLY RESOLVED, that the Corporation's President is authorized and directed to take all steps necessary to effectuate these resolutions_ 1t:L~~~ * PlAINTIFF'S i;l ~HIBIT ~ "(t '" :3 ~ \. '. Agenda Item NO.1 OE September 13, 2005 . File Stamp anCf~e\t1rn " IN TIlE CIRCUIT COURT OF THE TWENTIETII runICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION GULF COAST SKIMMERS WATER SKI SHOW, INC., a Florida corporation, Plaintiff, CASE NO. 05- ;J., :$ S-:'" cA- VERIFIED COMPLAINT ::;:, ;<. I I !=1 ~ ('"j r- ,..., :::v ~ C) -" . C") o c:: ::0 -l tI) '" ~ 0 <:...::> r- c..n :- -., l"'I1 ,-., :::0 c;=' g~ . \.0 c::;= .:5fTl ~ :<0 <...> ;J N ~o \.0 a.(J1 :r> v. JOHN V. GURSOY, Defendant. Plaintiff GULF COAST SKIMMERS WATER SKI SHOW, INC., ("Skimmers"), by and . ' through its underSigned counsel, sues Defendant JOHN V. GURSOY ("GUrsoy") and states: 1. This is an aqtion for injunctive relief and replevin of property with a value in excess of$15,OOO. =- 2. Skimmers is a Florida not-for-profit corporation with its principal place of business in Naples, Collier County, Florida. 3. Skimmers operates a faith-based ministry that teaches children the sport of water skiing and pr.oduces a weekly water ski show at Lake A vaIon within Sugden Regional Park (''the . park"). 4. Skimmers utilizes the park pursuant to a Lease Agreement with Collier County8ted C') . .~ 00 "T'! C" January 7, 1997. A copy of the Lease Agreement is attached as Exhibit "A." g ~~ m 5. Gursoy is an individ~aI who resides in Collier County, Florida. 0:> ~b -0 -t 11 :x C> -1 6. Gursoy is the founder of Skimmers, the vice-president of Skimmers, and a member of ~ ~ . ~ ~ -..J - <;.. .e e Agenda Item No. 10E September 13, 2005 Page 10 of 44 Skimmers' Board of Directors. 7. In or. about January 2005, members of Skimmers' Board of Directors became concerned about Gursoy's behavior toward other members of Skimmers. . , 8. Among otQ,er things, on or about January 30,2005, Gursoy endangered the lives of several members of Skimmers during a water-ski show. Gursoy drove one of the boats that towed the Skimmers water-ski team in a manner that was reckless while driving at excessive speeds, venturing into unsafe areas of the water, and nearly causing multiple collisions. 9. During the week of January 31, 2005, the Skimmers' water ski boats and other property located at Lake Avalon and at the home of Skimmers' President, Glenn Herriman I , ("Herriman"), ~ere stolen (and/or vandalized). Gursoyalso changed the locks on Skimmers' r equipment she1s' at Lake Avalon, preventing Skimmers rightful access to Skimmers property. i 10. Gursoy subsequently stated that h/,': knows the whereabouts of the stolen Skimmers' water ski boatsb.d prope~, and upon information and bel~ef, Gursoy perpetrated the theft of such i i property and other vandalism. Further, upon information and belief, Gursoy is currently iD. Wrongful , I. , ' possession of~kimmers' stolen property. r ' 11. On February 3,2005, Gursoy and a Skimmers youth entered Herriman's business at I , 5630 Yahl Strbet, Suite 5, Naples, Florida without permission and forcibly removed from the . I . .. . . premises a filing cabinet containing Skimmers documents over the objection of, and under . I . circumstances causing fear to, persons working at the business at the time. 12. On February 4,2005, the Skimmers Board of Directors, by majority vote, approved a resolution banning Gursoy from the Skimmers' leasehold at the park and demanding the return of ail Skimmers' property taken by him or at his direction. A copy of the resolution is attached as Exhibit M:\Hcrriman\Gursoy\Pleadings\Complaintl.doc -2- .e e. Agenda Item NO.1 OE September 13, 2005 Page 11 of 44 '''B.'' 13. Gursoy is believed to have received the resolution attached as Exhibit "B." Nonetheless, to date Gursoy has refused to comply with the resolution. I 14. On February 6, 2005, Gursoy appeared 'at the Skimmers' leasehold at the park wielding a knife and endangering the safety of other Skimmers' members including one member of the Skimmers Board of Directors who voted to pass the resolution banning Ch.1rsoy from the Skimmers' leasehold. 15. Gursoy has made threats to "take out" and or "take care of' those members of the Skimmers Board of Directors who supported the resolution attached as Exhibit "B." COUNT I aniunctive Reliet) 16, This is an action for injunctive relief: a. to prevent Gursoy from e~tering upon Skimmers leasehold property at Lake Avalon; b. to prevent Gursoy from entering upon the real property wheremem.bers of the Skimmers Board of Directors who supported Exhibit B live or work; c. to prohibit GW'Soy from participating in Skimmers activities; and, d. to require Gursoy to return all property belonging to the Skimmers. 17. Skimmers reallege paragraphs 1 through 15 as if fully set forth. 18. The Skimmers operates pursuant to By-laws, a copy of which is attached as Exhibit "C." 19. The By-laws provide that the management of the organization is vested in the Board of Directors and that the day-to-day operations are vested in the President. 20. Both the Board of Directors and the President have determined that Gursoy's M:\HClTiman\Gursoy\Pleadings\Complaint2.doc -3- J .' Agenda Item No. 10E September 13, 2005 Page 12 of 44 'e' e involvement in the Skimmers activities are unwelcome at this time and that Gursoy's presence at the leasehold property presents a threat to the health, safety and well-being of members of the Skiinmers. 21. Gursoy has engaged in several instances of conduct in which he endangered and/or , ' I threatened the lives and ~afety of Skimmers' members and/or directors, in which he stole or vandalized Skimmers' property, and in which he disregarded the resolution attached as Exhibit "B." Gursoy continues to threaten the lives and safety of Skimmers' members and/or directors and to wrongfully maintain possession of Simmers' stolen property. Additionally, Skimmers has upcoming water skiing practices and shows for the public which it will be unable to perform without the return of property stolen by Gursoy. 22. Accordingly, Plaintiff and its members will be irreparably harmed in the absence of an injunction, and Plaintiff has no adequate remedy at law. WHEREFORE, Plaintiff GULF COAST SKIMMERS' WATER SKI SHOW, INC. respectfully requests this Court to enter an injunction: a. preventing Gursoy from entering upon Skinuners leasehold property 'at Lake Avalon; . - b. preventing Gursoy from entering upon the real property where members of the Skimmers Board of Directors who supported Exhibit B live or work; c. prohibiting Gursoy from participating in Skimmers activities; and, d. requiring Gursoy to return all property belonging to the Skimmers. COUNT II (Replevin) 23. Skimmers realleges paragraphs 1 through 15 as if fully set forth. 24. This is an action to recover property from Gursoy that belongs to Skimmers. 25. The property consists of the following: M:\Hcrriman\Gursoy\Plcadings\Complain12.doc -4- ,e e Agenda Item No. 10E September 13, 2005 Page 13 of 44 1986 Mastercraft Ski Boat and Trailer; #MABAP16FI002875 1995 Hydra-Dyne Ski Boat and Trailer with twin Mercury 150 Engines #FL7S5933F595 1997 Flats Boat with Single Mercury 30 Engine and Trailer #FKH14212R797 1999 Skiff with 40 Mercury Engine and Trailer #TMYI0004T899 Two (2) four-drawer file cabinets Skimmers Membership Records in two (2) file folders One (1) Sound System 26. The value of the property exceed~ $15,000. 27. . To the best of Skimmers knowledge, infonnation and belief, the property is located in Collier County, Florida. 28. The property is wrongfully detained by Gursoy. 29. Gursoy came into possession of the property by entering upon the Skimmers' leasehold arid Herriman's office and residence and by taking the property without any right whatsoever to do so. 30. The property has not been taken for any tax, assessment, or fine pursuant to law. 31. The property has not been taken under an execution or attachment against Skinuners' property. - WHEREFORE, Plaintiff GULF COAST SKIMMERS WATER SKl SHOW INe ilia , . prays t M:\Hcrriman\Gursoy\Plcadings\Complaint2.doc -5- 'e' e Agenda Item NO.1 OE September 13, 2005 Page 14 of 44 this Court direct the Clerk of Court to issue a writ of replevin to be executed on the above mentioned goods and enter judgment in Plaintiff's favor for the value of said goods and all damages sustained by Defendant's wrongful detention plus costs, interest, and ~y such further relief as this Court deems just and proper. Glenn Herriman declares and says: I am the President of Gulf Coast Skimmers Water Ski Show, Inc. I have read the complaint and know its contents to be true. I declare under pe ty of peIjury that the foregoing is true and correct. STATE OF FLORIDA couNTY OF Signed and sworn to before me on this tit!- day ofF ebruary, 2005 b~ Glenn Herriman as President of Gulf Coast Skimmers Water Ski Sh , ' tome. Date:~, ....;",:... ''''WN R. SEOlU.O l~~o!"'~"" "'" ,. ~.[ J'i MY COMUIS~'OH , DO. 391274 ~ ~ EXPIRES. Mard14, 20m "{.i1::i\.lp-' lloncIod Thn.t NoIIIIy NIIi: ~ COLEMAN, HAZZARD & TAYLOR, P.A. By: AJiI/;j .~ William J. ~d, E . Florida Bar No. 0987239 Damian C~ Taylor, Esq. Florida BarNo. 014000 Attorneys for Plaintiff 2640 Golden Gate Parkway, Suite 304 Naples, FL 34105 ' (239) 298-5200 1(239) 298-5236 telefax ,.: M:\Herriman\Gursoy\Pleadings\Complaint2.doc -6- . Agenda Item NO.1 OE 'September 13, 2005 Pa e 15 of 44 lie Stamp and Return IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION GULF COAST SKIMMERS WATER SKI SHOW, INC., a Florida corporation, Plaintiff, CASE NO. 05- j 3 ~ -0<'1 v. JOHN V. GURSOY, ,......" ".' tD c:> C -< ~ I ("") rr\ I ~ M ;;0 .~. co C"':l"'T\ I 0_ o \D ~r ..." ___rrl g " :<,0 C ::J: ." ;;:0 W r o ~ - 00 C"> N:::! U'I GULF COAST SKIMMERS WATER SKI SHOW, INC. ("Skinmiers"), a Flonaa ~ PLAINTIFF'S VERIFIED EMERGENCY MOTION FOR EX PARTE TEMPORARY INJUNCTION Defendant. corporation, by and through the undersigned counsel and pursuant to Florida, Rule of Civil Procedure 1.610, moves this Court for entry of an ex parte, temporary injunction against Defendant, JOHN V. GURSOY ("Gursoy"). Skimmers alleges the following as grounds: 1. As alleged in the Complaint, filed simultaneously herewith, Skimmers is a Florida ~on-profit corporation that operates a faith-based ministry teaching children the sport of water skiing and producing a weekly water ski show at Lake Avalon within Sugden Regional Park. 2. Gursoy is the founder and vice-president of Skimmers, as well as ~ . <:::::> <:.r, member of Skimmers' Board of Directors. g; 3. Glen Herriman, who verified the Complaint and this Motion, is iRe ~ President of Skimmers and a member of its Board of Directors. Anthony Michali~r. .l:'" -..J C-,. Or- ,- \ "-- -."', <-'j -; _I} __0 :;x:.:r'f, ---10 0'" :tJ=? -2:r:;::. rn' " --c . , e e Agenda Item NO.1 OE September 13, 2005 Page 16 of 44 and Scott Hopkins, whose affidavits are attached hereto as Exhibits A and B, are also members of Skimmers' Board of Directors. 4. The facts set forth in the verified Complaint and this verified Motion, . I including the attached ,affidavits, establish that a temporary injunction should be entered against Gursoy. That is to say, Plaintiff has shown the likelihood of irreparabl~ hann,. the unavailability of an adequate remedy at law, substantial likelihood of success on the meritS, and no harm to the public interest. Snibbe. v. Napoleonic Society of America, Inc., I 682 So. 2d 568, 570 (Fla. 2nd DCA 1996). Moreover, the facts demonstrate that a temporary injunction should issue without advance notice to Gursoy insofar as such notice would "accelerate or precipitate" the irreparable injury and the time required to notice a hearing would permit the threatened irreparable injury to occur, City of Boca Raton v. Boca Raton Airport Authority, 768 So. 2d. 1191,1192 (Fla. 4th DCA 2000). . . .5. As more fully described in the Compl8.int and affidavits attached 'hereto, Girrsoy has engaged in several instances of conduct in which he endangered and/or threatened the lives and safety of Skimmers' members and./ordirectors, in which he stole' or vandalized Skimmers' property, and in which he disregarded a resolution passed by Skimmers' Board of Directors prohibiting him from entry upon Skimmers' property or . participation in Skimmers' activities. Gursoy continues to threaten the lives and safety of Skimmers' members and/or directors and to wrongfully maintain possession of Simmers' stolen property. Additionally, Skimmers has upcoming water skiing practices and shows for the public-the earliest being scheduled for the weekend of February 19-which it will be unable to perform without the return of property stolen by Gursoy. e e Agenda Item NO.1 OE September 13, 2005 Page 17 of44 6. Skimmers will suffer irreparable harm 'Without entry of a temporary injunction because Skimmers members and directors 'Will continue to suffer threats to--if not attacks on-their safety, that 'Will cause them emotional and/or physical harm. Additionally, Skimmers cannot perform the water-ski practices and shows for the public without a return of its stolen property. 7. There is no adequate remedy at law because no amount of monetary damages 'Will: (a) fully compensate Skimmers members arid directors for the emotional or physical dan,lages that are likely to ensue in the absence of an injuncti<?n; (b) fully . compensate the children or the public who benefit from the performance of Skimmers water-ski shows, which cannot continue in the absence of an order requiring Gursoy to return Skimmers' stolen property; or (c) make Skimmers whole for the damage to its reputation that 'Will be suffered due to cancelled water ski shows. 8. Insofar as Gursoy had absolutely no justification for his wrongful actions, Skimmers is substantially likely' to succeed on the merits of the . Complaint, . and temporary injunctive relief will actually serve rather than harm the public interest. 9. Finally, a temporary injunction should issue 'Without advance notice. to Gursoy because such. notice is substantially likely to provoke further threatening and injurious- behavior by Gursoy and because Skimmers 'Will suffer further irreparable injury before a properly noticed hearing can be scheduled. WHEREFORE, GULF COAST SKIMMERS WATER SKI SHOW, INC. respectfully requests that this Court issue a temporary ~unction: a. preventing Gursoy from entering upon Skimmers leasehold property at Lake Avalon; b. preventing Gursoy from entering upontbe real. property where e e Agenda Item No. 10E September 13, 2005 Page 18 of 44 members of the. Skimmers Board of Directors who supported Exhibit B to the Complaint live or work; c. prohibiting Gursoy from participating in Skimmers activities; and, d. . requiring Girrsoy to return all property belonging to the Skimmers. Glenn Herriman declares and says: I am the President of Gulf Coast Skimmers Water Ski Show, Inc. I have read the verified emergency motion for ex parte temporary injunction and mow its contents to be true. I declare under penalty of perjury 1hat thel; is true and correct ~~~. STATE OF FLORIDA COUNTY OF Signed and sworn to before me on this qq day of February, 2005 by Glenn ~:: :e~remdem of GllifCo~ Skllnm&:;~nallY ~ Public / . Date:~. q t.m5 I . ~-:r.,":'~~.. . DAWN R. SEDIllO P:-";&~1. MYCOMMISSIOO'DD391274 ~< EXPIRES: March 4, 2009 '~P.:::'" IIancllcflllrv NolIIy P,**, UnciofwrtIetI COLE~N, HAZZARD & TA Y'LOR, P.A. By: .4!W}J.{' ~~ William 1. H~d, E '. Florida Bar No. 0987239 Damian C. Taylor, Esq. Florida Bar No. 014000 Attorneys for Plaintiff 2640 Golden Gate Parkway, Suite 304 Naples, FL 34105 (239) 298-5200/ (239) 298-5236 telefax M:\Hcrriman\Gursoy\Motions\MOTION FOR PRELIMINARY INJUNCTlON2.doc ,e e SWORN AFFIDAVIT OF ANTHONY MICHALIK. JR. I, ANTHONY MICHALIK, JR., swear or afflI'I1l wider oath that I have personally witnessed the following. Furthennore, I swear or affirm that these statements are true and accurate: I have been a member of the Gulf Coast Skimmers Water Show, Inc. ("Skimmers") for the past two years. During my membership I had an opportunity to meet John Gursoy. I have known John Gursoy through the Skimmers for these past two years. John Gursoy is approximately 5'10" and 1901bs. John Gursoy has dark skin. brown eyes, and black bair with grey specks. On or about January 30, 2005, I was acting as the safety coordinator during a water-ski show. As safety Cbordinator my duty was to ensure the safety.ofthe skiers, be a fIrst responder/rescuer to any ski show emergency, observe the ski show for any hazardous situation, and I, along with my boat assistant pick up discarded skis, fallen or hurt skiers, or any other debris out of the water. I am also responsible for the preparation of a written andlor verbal report regarding unsafe practices andlor occurrences that I . ' observe. I wrote one such report on this date. The contents 'of the report chronicled my obserirationsof John Gursoy operating a boat that was towing water-skiers in a manner . . inconsistent with standard safety procedures. John Gursoy's operation of the vessel placed the skiers' safety in jeopardy by putting skiers too close to buoys, docks~ or ramps, and exceeding safe speed limits. In addition, John Gursoy's navigation of the vessel pulled skiers over discarded skis, putting the skiers at great risk of injury. On or about February 6, 2005, I was preparing fora water-ski show. John Gursoy changed the locks on the equipment sheds. I needed access to the equipment so I was . PLAINTIFF'S i;;i 8}.HIBIT i II 11'1 I Agenda Item NO.1 OE September 13, 2005 Page 19 of 44 e e using an acetylene torch to cut off the locks. I heard a crash from behind me. I turned around and John Gursoy was standing beside the overturned acetylene torch. There was no one else in the immediate vicinity of the tanks so I deduced that John Gursoy pushed over the tanks. His demeanor was aggressive. John Gursoy then pulled out a folding knife and tried to cut the hose that attaches the nozzle of the torch to the tanks. I was in fear because an explosion would have killed John Gursoy and me and would have surely injured others. John Gursoy was eventually stopped from cutting the hose. John Gursoy then dialed 9-1-1 and told the operator that I was trying to kill him. I swear or affIrm that the facts set forth above are a true and accurate account of the events to the best of my ability to recall them. FURTHER AFFIANT SA YETH NOT. ,I ;, ;JIg/&, ,.- /DAtE A STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this t()~ day of February, 2005 by Anthony Michalik, Jr., who L-J is personally known to me or ~ has produced ~ \....teMfe' as identification and who did/did not take an oath. Notary Pti1M rence C.E. Gareia Printed name: Commission Number: .~ LAWREHCE C. GARCIA ~ MY COMMISSION' DD 3aI652 ~ EXPIRES: AprilS. 2008 . f Bool9d ThIU NolIry PImIic llndOIwrt1eIs ~ - Agenda Item No. 10E September 13, 2005 Page 20 of 44 " e e Agenda Item No. 10E September 13, 2005 Page 21 of 44 SWORN AFFIDAVIT OF SCOTT HOPKINS I, SCOTT HOPKINS, swear or affirm under oath that I have personally witnessed the folloWing. Furthermore, I swear or affirm that these statements are true and accurate: My name is SCOTT HOPKINS and I live at 2881 64th St. SW, Naples, FL 34109. I have known John Gursoy since June of 2001. I know John Gursoy through.the I I Gulf Coast Skimmers Water Show Inc., which is a water-ski team.. John Gursoy is approximately 5' 10" and 1901bs. John Gursoy has dark skin, black hair with grey specks, brown eyes and a goatee the last time I personally saw him. On or about January 30, 2005, I, along with other team members, wasperfonning I I . a barefoot water-ski act. John Gursoy drov~ the boat that towed the water-ski team. John Gurs.oy drove the boat outside the safety buoys into six-inches to one foot of water . ' through rocks and other dangerous conditions. Furthermore, John Gursoy aimed'me and the other skiers at a dock, which we nearly hit. John Gursoy was driving the boat at approXimately 40 mph. Because of John Gursoy's actions, my life and the lives of the other skiers were placed in jeopardy. On or about January 30, 2005, and shortly after the first incident, another incident occurred. John Gursoy was driving the boat that was towing water-skiers, including myself. John Gursoy was driving the boat in such a manner so as to nearly cause a collision between myself and a water-ski ramp. I missed the ramp by four-inches while going 55mph. I feared for my life and the lives of my fellow skiers. On or about February 6, 2005 I received a telephone call from John Gursoy, although he did not identify himself. I had often spoken on the phone with John Gursoy * PLAINTIFF'S 12 EXHIBIT 'i~ ffi "e' e Agenda Item NO.1 OE September 13, 2005 Page 22 of 44 and was by this phone call familiar enough with his voice so as to identify it without him ,. repeating his name. John Gursoy said, "I'm going to have you taken care of." I swear or affirm that the facts set forth above are a true and accurate account of I the events to the best of my ability to recall them. Z-{-oS- DATE STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this q ~ay of February, 2005 by Scott Hopkins, who L-) is personally known to ~e'or ( ~ has p~~~ced HI Z,S li7~q)S3() as identification and who di~~n~take an oath. I, I, Commission Number: . M.ROGERS . \ MY COMMISSION t DO 134789 ; EXPIRES: November 17, 2006 . Bcndoclllwu NaIIIy Public Unctorwriters My Commission Expires: M:\Herriman\Gursoy\Correspondence\SWORN AFFIDA VII OF SCOTT HOPKINS. doc e . Agenda Item NO.1 OE September 13, 2005 Page 23 of 44 'COpy IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION GULF COAST SKIMMERS WATER SKl SHOW, INC., a Florid~ colporatiori , 'I""o:t ;'-' c:::. .' CASE NO. 05- .2. 3 S- - ~ 2 s;:~ rT1 -:r -r. o:J :30 -rn co ~c. -0 -1\\ :x s:!:) ........ ~ ~:r. OJ CD r-z fT1 -<; P '-E'- ~ rT1 ~ A) :;0 cP C")-n ';7: 0 "' <::) I c::p ""11 \.0 &: fT1 n -\:J This cause came before the Court on Plaintiff' s Verified Complaint and E erger@r ~jo~ :::0 .r::- r for Ex Parte Temporary Injunction, and the Court having reviewed the record and ~ing ~th~se ~ ~ :Po Plaintiff, v. JOHN V. GURSOY. Defendant. ORDER fully advised in the premises, finds that the Emergency Motion is well-taken and should be granted. The following facts have been shown by affidavit or verified pleading: 1. Skimmers is a Florida not-for-profit corporation with its principal place of business in Naples, Collier County, Florida. 2. Skimmers operates a faith-based ministry that teaches children the sport of water skiing and produces a weekly water ski show at Lake Avalon (''the Lake") within Sugden Regional Park (''the park"). 3. Skimmers utilizes the park pursuant to a Lease Agreement with Collier County dated January 7, 1997, which grants Skimmers: (a) exclusive rights to boat storage, maintenance buildings, and concession stands at the park at all times; (b) exclusive rights for the use of motorized watercraft on the entire lake; (c) exclusive rights for the use of any boats on the entire lake during Skimmers water ski performances; and e e Agenda Item No. 10E September 13, 2005 Page 24 of 44 (d) the right to host County-approved private functions at the park for award banquets, birthday parties, and youth group organizations. The lease further provides that no fishing shall take place at the lake on the beach used by Skimmers or from any boats in Skimmers' practice or show areas. 4. John V. Gursoy ("Gursoy") is an individual who resides in Collier Cowity; Florida. Gursoy is the founder of Skimmers, the vice-president of Skimmers, and a member of Skimmers' Board of Directors. 5. The Skimmers operates pursuant to By-laws, which provide that the management of the organization is vested in the Board of Directors and that the day-to-dayoperations are vested in the President. 6. Both the Board of Directors and the President have determined that Gursoy's involvement in the Skimmers activities are unwelcome at this time and that Gursoy's presence at the leasehold property presents a threat to the health, safety and well- being of members of the Skimmers. 7. In or about January 2005, members of Skimmers' Board of Directors became concerned about Gursoy's behavior toward other members of Skimmers. 8. Among other things, on or about January 30, 2005, Gursoy endangered the lives of several members of Skimmers during a water-ski show. Gursoy drove one of the boats that towed the Skimmers water-ski team in a manner that was reckless while driving at excessive speeds, venturing into unsafe areas of the water, and nearly causing multiple collisions. 9. During the week of January 31, 2005, the Skimmers' water ski boats and other -2- e e Agenda Item NO.1 OE September 13, 2005 Page 25 of 44 property located at Lake Avalon and at the home of Skimmers' President, Glenn Herriman ("Herriman"), were stolen and/or vandalized. The property consists of the following: a. 1986 Mastercraft Ski Boat and Trailer; #MABAP16F1002875 b. 1995 Hydra-Dyne Ski Boat and Trailer with twin Mercury 150 Engines #FL7T2403C695 c. 1995 Hydra-Dyne Ski Boat with Single Mercury 150 Engine and Trailer #FL 7S5933F595 d. 1997 Flats Boat with Single Mercury 30 Engine and Trailer #FKH14212R797 e. 1999 Skiffwith 40 Mercury Engine and Trailer #TMYlO004T899 Two (2) four-drawer me cabinets f. Skimmers Membership Records in two (2) :file folders g. One (1) Sound System 10. . Gursoy subsequently stated that he knows the whereabouts of the stolen Skimmers' water ski boats and property and has, at the very least, been an accomplice in such theft. 11. Gursoyalso changed the locks on Skimmers' equipment sheds at Lake Avalon, preventing Skimmers rightful access to Skimmers property. 12. On February 3, 2005, Gursoy and a: Skimmers youth entered Herriman's business at 5630 Yahl Street, Suite 5, Naples, Florida without permission and forcibly removed from the premises a filing cabinet containing Skimmers documents over the objection of, and under circumstances causing fear to, persons working at the business at the time. -3- e e Agenda Item No. 10E September 13, 2005 Page 26 of 44 13. The property stolen from the Skimmers is located in Collier County, is wrongfully detained, has not been taken for any tax or assessment or fine pursuant to law, and has not been taken under an execution or attachment against Skimmers' property. 14. On February 4, 2005, the Skimmers Board of Directors, by majority vote, approved a resolution banning Gursoy from the Skimmers' leasehold at the park and demanding the return of all SkiIIllIlers' property taken by him or at his direction. 15. On February 6, 2005, Gursoy appeared at the Skimmers' leasehold at the park wielding a knife and endangering the safety of one member of the Skimmers Board of Directors who voted to pass the resolution banning Gursoy from the Skimmers' leasehold. 16. Gursoy has made threats "to take out" and '"to take care of' those members of the . . Skimmers Board of Directors who supported the resolution banning Gursoyfrom the Skimmers' leasehold at the park and demanding the return of all Skimmers' property. Gursoy continues to threaten the lives and safety of Skimmers' members and/or directors. 17. SkiIIllIlers has upcoming water skiing practices and shows for the public-the earliest being scheduled for the weekend of February 19-which it will be unable to perform without the return of its stolen property. Based on the foregoing, I fmd that the facts set forth in the Verified Complaint and the Verified Motion, including the attached affidavits, establish that a temporary injunction should be entered against Gursoy. That is to say, Plaintiff has shown the likelihood of irreparable harm, the unavailability of an adequate remedy at law, substantial likelihood of success on the merits, and no -4- 'e e Agenda Item NO.1 OE September 13, 2005 Page 27 of 44 hann to the public interest. Snibbe v. Napoleonic Society of America, Inc., 682 So. 2d 568, 570 (Fla. 2nd DCA 1996). Moreover, the facts demonstrate that a temporary injunction should issue without advance notice to Gursoy insofar as. such notice would "acce~erate or precipitate" the irreparable injury and the time required to notice a hearing would permit the threatened irreparable injury to occur. City of Boca Raton v. Boca Raton Airport Authority, 768 So.2d. 1191, 1192 (Fla. 4th DCA 2000). . ' Skimmers will likely suffer irreparable harm without entry of a temporary injunction because I Skimmers members arid directors will likely continue to suffer threats to-if not attacks on-:-their safety, that will cause them emotional andlor physical harm. Additionally, Skimmers cannot perform the water-ski practices and shows for the public without a return of its stolen property. . There is no adequate remedy at law because no amount of monetary d3mages will : (a) fully compensate. Skimmers members and directors for the emotional or physical damages that are likely to ensue m the absence ofan injunction; (b) fully'compensate the children or the public who benefit from the performance of Skimmers water-ski shows, which cannot continue; in the absence of an order requiring Gursoy to return, or assist in the return of, Skimmers' stolen property; or (c) make Skimmers whol~ for the cIainage to its reputation that will be sUffered due to cancelled water ski shows. Skimmers has' demonstrated a substantial likelihood of succeeding on the merits of the Complaint insofar as there is no apparent justification for Gursoy's actions. Under all of the foregoing circumstances, a temporary injunction will actually serve rather than harm the public interest. Finally, a temporary injunction should issue without advance notice to Gursoy because such -5- e e Agenda Item NO.1 OE September 13, 2005 Page 28 of 44 notice is substantially likely to provoke further threatening and injurious behavior by Gursoy and because Skimmers will suffer further irreparable injury before a properly noticed hearing can be scheduled. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. Defendant, JOHN V. GURSOY, is hereby enjoined and prohibited from: a. entering upon Skimmers' boat storage, maintenance' buildings, and concession stands at Sugden Regional Park ("the park"); b. using motorized watercraft on any portion of Lake Avalon; c. using any boat on Lake Avalon during Skimmers water ski performances; . d. entering upon Skimmers' County-approved private functions at the park for award banquets, birthday parties, or youth group organizations; e. fishing at Lake Avalon on the beach used by Skimmers or from any boats in Skimmers' practice or show areas; f. entering upon the real property where Glenn Herriman, Scott Hopkins, Anthony Michalik:, Jr., David LeFort, or Mark Gagenworth live or work; and, g. participating in Skimmers activities; 2. Defendant, JOHN V. GURSOY, is hereby ordered to immediately return and assist in the return of all property belonging to the Skimmers, including but not limited to: a. 1986 Mastercraft Ski Boat and Trailer, #MABAPI6FlO02875; b. 1995 Hydra-Dyne Ski Boat and Trailer with twin Mercury 150 Engines, #FL 7T2403C695; c. 1995 Hydra-Dyne Ski Boat with Single Mercury 150 Engine and Trailer, #FL7S5933F595; d. 1997 Flats Boat with Single Mercury 30 Engine and Trailer, #FKHI4212R797; -6- 'e e Agenda Item NO.1 OE September 13, 2005 Page 29 of 44 <- e. 1999 Skiff with 40 Mercury Engine and Trailer, #TMYlO004T899; f. Two (2) four-drawer file cabinets; g. Skimmers Membership Records in two (2) fIle folders; and . . 1 ~.1L J ;~ I\S+='~~~~ lisir,ihlW'~~*~pl~ 3. I' This Order shall be effective immediateljiJt:pon Plaintiff's posting a bond in '* amourit of $ rt) ti.X:( ~ shall be conditioned for the arment of costs and , . tJ...a pr?Jf' IS ~~ ~ [~ damages sustained by the Defendant in the event . .. once .,. I said bond is posted, this Order will remain in effect until further order of the Court. 4. Pursuant to Florida Rule of Civil Procedure 1.61 O(c), this Order shall be binding on the Defendant, and all bis agents, servants, employees, and attorneys, and on those persons in active concert or participation with them who receive actual notice of this . injunction. , '. ' '. .', rt DONE AND ORDERED in Chambers, in Naples, Collier County, Florida this ~ day of February, 2005, at if: 27 ):0( /p.m. [J Circuit Co Conformed Copies: ,William J. Hazzard, Esq. John V. Gursoy -7- e Agenda Item No. 10E 'September 13, 2005 Page 30 of 44 fie Stamp and Return IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION GULFCOASTS~RSWATERS~ SHOW, INC., a Florida corporation, Plaintiff, CASE NO. 05- :2 3 S- -cfJ v. JOHN V. GURSOY, r--.:J '_' cr:a c:> f"- = I ~ P ~ m rr-, r>"'I ::t::I :;:\ t::J ("'j ~ ~..., I '-'_ a ....0 Sir ..., :':;", g --0 :<,0 c :x: ..,., ;:;a W r o ~ 00 C") N ~ lJl GULF COAST SKIMMERS WATER SKI SHOW, INC. ("Skimrriers"), a Flofiaa ~ PLAINTIFF'S VERIFIED EMERGENCY MOTION FOR EX PARTE TEMPORARY INJUNCTION Defendant. corporation, by and through the undersigned counsel and pursuant to Florida, Rule of Civil Procedure 1.610, moves this Court for entry of an ex parte, temporary injunction against Defendant, JOHN V. GURSOY ("Gursoy"). Skimmers alleges the following as grounds: 1. As alleged in the Complaint, filed simultaneously herewith, Skimmers is a Sugden Regional Park. 2. Gursoy is the founder and vice-president of Skimmers, as well as ~ ,= e.r, ..,., member of Skimmers' Board of Directors. f;J 3. Glen Herriman, who verified the Complaint and this Motion, is me -0 ::lr President of Skimmers and a member of its Board of Directors. Anthony Michali~r. .r- -.J \. '" QC '-- ,,~. 2:'-" -I _I] --0 ~rn ---lQ oz-, ::o=? >- '-fl': rn ' . ...- " e . Agenda Item NO.1 OE September 13, 2005 Page 31 of 44 and Scott Hopkins, whose affidavits are attached hereto as Exhibits A and B, are also members of Skimmers' Board of Directors. 4. The facts set forth. in the verified Complaint and this verified Motion, I including the attached ,affidavits, establish that a te~porary injunction should be entered against Gursoy. That is to say, Plaintiff has shown the likelihood of irreparable hann,.the unavailability of an adequate remedy at law, substantial likelihood of success on the meritS, and no harm to the public interest Snibbe. v. Napoleonic Society of America, Inc., I 682 So. 2d 568, 570 (Fla. 2nd DCA 1996). Moreover, the facts demonstrate that a temporary injunction . should issue without advance notice to Gursoy insofar. as such notice would "accelerate or precipitate" the irreparable injury and the time required to notice a h~g would permit the threatened irreparable injury to occur, City of Boca Raton v. Boca Raton Airport Authority, 768 So. 2d. 1191, 1192 (Fla. 4th DCA 2000). . , . 5. As more fully described in the Compllrlnt and affidavits attached hereto, OUrsoy has engaged in several instances of conduct in which he endangered' and/or threatened the lives and safety of Skimmers' members andJordirectors, in which he stole. or vandalized Skimmers' property, and in which he disregarded a resolution passed by Skimmers' Board of Directors prohibiting him from entry upon Skimmers' property or , participation in Skimmers' activities. Gursoy continues to threaten the lives and safety of . . Skimmers' members and/or directors and to wrongfully maintain possession of Simmers' stolen property. Additionally, Skimmers has upcoming water skiing practices and sho~s for the public-the earliest being s~heduled for the weekend of February 19-which it will be unabJe to perform without the return of property stolen by Gursoy. e e Agenda Item No. 10E September 13, 2005 Page 32 of 44 6. Skimmers will suffer irreparable harm without entry of a temporary injunction because Skimmers members and directors will continue to suffer threats to--if not attacks on-their safety, that will cause them emotional and/or physical harm. Additionally, Skimmers cannot perform the water-ski practices and shows for the public without a return of its stolen property. 7. There is no adequate remedy at law because no amount of monetary damages will: (a) fully compensate Skimmers members arid directors for the emotional or physical damages that are likely to ensue in the absence of an injunction; (b) fully. compensate the children or the public who benefit from the performance of Skimmers water-ski shows, which cannot continue in the absence of an order requiring Gursoy to return Skimmers' stolen property; or (c) make Skimmers whole for the damage to its reputation that will be suffered due to cancelled water ski shows. 8. Insofar as Gursoy had absolutely no justification for his wrongful actions, Skimmers 1S substantially likely to succeed on the merits of the. Complaint, . and temporary injunctive relief will actually serve rather than harm the public interest. 9. Finally, a temporary injunction should issue without advance notice. to Gursoy because such notice is substantially likely to provoke further threatening and injurious- behavior by Gursoy and because Skimmers will suffer further irreparable injury before a properly noticed hearing can be scheduled. WHEREFORE, GULF COAST SKIMMERS WATER SKI SHOW, INC. respectfully requests that this Court issue a temporary injunction: a. preventing Gursoy from entering upon Skimmers leasehold property at Lake Avalon; b. preventing Gursoy from entering upon the real. property where e . Agenda Item NO.1 OE September 13, 2005 Page 33 of 44 members of the Skimmers Board of Directors who suppOrted Exhibit B to the Complaint live or work; c. prohibiting Gursoy from participating in Skimmers activities; and, d. . requiring Gursoy to return all property belonging to the Skimmers. Glenn Herriman declares and says: I am the President of Gulf Coast Skimmers Water Ski Show, Inc. I have read the verified emergency motion for ex parte temporary injunction and know its contents to be true. I declare under penalty of perjury that fhe~ is true and correct VJ71 Ii~pwa-. STATE OF FLORIDA COUNTY OF Signe~.and sworn to before me on thisq~ day of February, 2005 by Glenn ::: =e~reSident of Gulf Coam SDmrri;r:~W;;;;;:jnaIJY . ~PUblic / . Date:~. q J.a)5 I A~ .. DAWN R. SEDlu.o W. :.\1. MY COMUlSSION. DO 391274 . .,.... EXPIRES: Marth 4, m ..er. ' IlondedTllru NolIfy PIIbIic ~ By: William J. H d, E ( . Florida Bar No. 0987239 Damian C. Taylor, Esq. Florida Bar No. 014000 Attorneys for Plaintiff 2640 Golden Gate Parkway, Suite 304 Naples, FL 34105 (239) 298-5200/ (239) 298-5236 telefax M:\Hc:mman\Gursoy\Motions\MOTION FOR PRELIMINARY INJUNCTION2.doc 'e e SWORN AFFIDA "IT OF ANTHONY MICHALIK~ JR. I, ANTHONY MICHALIK, JR., swear or afflI'Ill urider oath that I have personally witnessed the following. Furthermore, I swear or affirm that these statements are true and accurate: I have been a member of the Gulf Coast Skimmers Water Show, Inc. ("Skimmers") for the past two years. During my membership I had an opportunity to meet John Gursoy. I have known John Gursoy through the Skimmers for these past two years. John Gursoy is approximately 5'10" and 1901bs. John Gursoy has dark skin, brown eyes, and black hair with grey specks. On or about January 30, 2005, I was acting as the safety coordinator during a water-ski show. As safety coordinator my duty was to ensure the safety of the skiers, be a fIrst responder/rescuer to any ski show emergency, observe the ski show for any hazardous situation, and I, along with my boat assistant pick up discarded skis, fallen or hurt skiers, or any other debris out of the water. I am also responsible for the preparation of a written andlor verbal re~ort regarding unsafe practices andlor occurrences that I observe. I wrote one such report on this date. The contents of the report chronicled my obserVations of John Gursoy operating a boat that was towing water-skiers in a manner. inconsistent with standard safety procedures. John Gursoy's operation of the vessel placed the skiers' safety injeoparcly by putting skiers too close to buoys, docks. or ramps, and exceeding safe speed limits. In addition, John Gursoy's navigation of the vessel pulled skiers over discarded skis, putting the skiers at great risk of injury. On or about February 6, 2005, I was preparing for a water-ski show. John Gursoy changed the locks on the equipment sheds. I needed access to the equipment so I was '" : ~ Co ~ PlAINTIFF'S E>).HIBIT \1 All Agenda Item No.1 OE September 13, 2005 Page 34 of 44 e e Agenda Item NO.1 OE September 13, 2005 Page 35 of 44 using an acetylene torch to cut off the locks. I heard a crash from behind me. I turned around and John Gursoy was standing beside the overturned acetylene torch. There was no one else in the immediate vicinity of the tanks so I deduced that John Gursoy pushed over the tanks. His demeanor was aggressive. John Gursoy then pulled out a folding knife and tried to cut the hose that attaches the nozzle of the torch to the tanks. I was in " fear because an explosion would have killed John Gursoy and me and would have surely injured others. John Gursoy was eventually stopped from cutting the hose. John Gursoy then dialed 9-1-1 and told the operator that I was trying to kill him. I swear or affirm that the facts set forth above are a true and accurate account of the events to the best of my ability to recall them. FURTHER AFFIANT SA YETH NOT. :1 :;lIs/&' , 'DAtE STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~R day of February, 2005 by Anthony Michalik, Jr., who L-J is personally known to me or ~ has produced ~ \A.teM.fe as identification and who did/did not take an oath. Notary PtilH renee C E G i . . arc a Printed name: Commission Number: ....h .~ !~'.r:\~. LAWRENCE C. GARCIA ~ f":"~"\.r: MY COMMISSION' DO 300652 ~ ~~~6 EXPlRES:Apdl8,2OOl " II .nr.tl... BordIld Thru NaCIIry NlIic ~ :!l e e Agenda Item NO.1 OE September 13, 2005 Page 36 of 44 S\VORN AFFIDAVIT OF SCOTT HOPKINS I, SCOTT HOPKINS, swear or affirm under oath that I have personally witnessed the following. Furthermore, I swear or affIrm that these statements are true and accurate: My name is SCOTT HOPKINS and I live at 2881 64th St. SW. Naples, FL I , 34109. I have known John Gursoy since June of 2001. I know John Gursoy through the Gulf Coast Skimmers Water Show Inc., which is a water-ski team. John Gursoy is approximately 5' 10" and 1901bs. John Gursoy has dark skin, black hair with grey specks, brown eyes and a goatee the last time I personally saw him. On or about January 30,2005, I, along with other team members, wasperfonning I I . a barefoot water-ski act. John Gursoy drove the boat that towed the water-ski teani. John Gursoy drove the boat outside the safety buoys into six-inches to one foot of water through rocks and other dangerous conditions. Furthermore, John Gursoy aimed'me and the other skiers at a dock, which we nearly hit. John Gursoy was driving the boat at approximately 40 mph. Because of John Gursoy's actions, my life and the lives of the other skiers were placed injeopardy. On or about January 30,2005, and shortly after the first incident, another incident occurred. John Gursoy was driving the boat that was towing water-skiers, including myself. John Gursoy was driving the boat in such a manner so as to nearly cause a collision between myself and a water-ski ramp. I missed the ramp by four-inches while going 55mph. I feared for my life and the lives of my fellow skiers. On or about February 6, 2005 I received a telephone call from John Gursoy, although he did not identify himself. I had often spoken on the phone with John Gursoy $ PLAINTIFF'S ~ EXHIBIT .~~ ~ 15 ".. e Agenda Item No. 10E September 13, 2005 Page 37 of 44 and was by this phone call familiar enough with his voice so as to identify it without him . repeating his name. John Gursoy said, "I'm going to have you taken care of." I swear or affirm that the facts set forth above are a true and accurate account of ~ the events to the best of my ability to recall them. Z-{-aS- DATE STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this q ~ay of February. 2005 by Scott Hopkins, who L-J is personally known to ~e"or ( v) has pt~ffced HI zS 787~'1;.S~() as identification and who di~~n~take an oath. lj !, , NE N. ROGERS .~ MY COMMISSION t DO 134789 '. EXPIRES: November 17. 2006 .. llondocI ThIll NGIary Public UnclIIWrhnI Commission Number: My Commission Expires: M:\Hcrriman\Gursoy\Corrcspondcnce\SWORN AFFIDAVIT OF SCOTT HOPKINS. doc e e Agenda Item NO.1 OE September 13, 2005 Page 38 of 44 COpy IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION GULF COAST SKIMMERS WATER SKI SHOW, INC., a Florida corporation, 'r-.3 _-- CASE NO. 05- .:< 3 S- - ~ Q S;-:: --r] "-. ' gJ Z :T: :;10 - fli CX) ~ c- -0 -l "'T\ :x ~}~ ~- C' S3> IE -l-. -<; (,"") '-f?- ~ rr ~-:!Lg< :;0 f"rl- n ;7: co .... I 0_ o Cr -r'1 \.0 :<c {Tl CJ -Ie lbis cause came before the Court on Plaintiff' s Verified Complaint and E ergeI@r ~o~ :;:0 .r:- r :;J -l .. 00 for Ex Parte Temporary Injunction, and the Court having reviewed the record and ~ing ~th~se ~ O'l ~ fully advised in the premises, finds that the Emergency Motion is well-taken and should be granted. Plaintiff, v. JOHN V. GURSOY, Defendant. ORDER The following facts have been shown by affidavit or verified pleading: 1. Skimmers is a Florida not-for-profit corporation with its principal place of business in Naples, Collier County, Florida. ") Skimmers operates a faith-based ministry that teaches children the sport of water skiing and produces a weekly water ski show at Lake Avalon ("the Lake") within Sugden Regional Park ("the park"). 3. Skimmers utilizes the park pursuant to a Lease Agreement with Collier County dated January 7, 1997. which grants Skimmers: (a) exclusive rights to boat storage, maintenance buildings, and concession stands at the park at all times; (b) exclusive rights for the use of motorized watercraft on the entire lake; (c) exclusive rights for the use of any boats on the entire lake during Skimmers water ski performances; and e e Agenda Item NO.1 OE September 13, 2005 Page 39 of 44 (d) the right to host County-approved private functions at the park for award banquets, birthday parties, and youth group organizations. The lease further provides that no fishing shall take place at the lake on the beach used by Skimmers or from any boats in Skimmers' practice or show areas. 4. John V. Gursoy ("Gursoy") is an individual who resides in Collier County; Florida. Gursoy is the founder of Skimmers, the vice-president of Skimmers, and a member of Skimmers' Board of Directors. 5. The Skimmers operates pursuant to By-laws, which provide that the management of the organization is vested in the Board of Directors and that the day-to-day operations are vested in the President. 6. Both the Board of Directors and the President have determined that Gursoy's involvement in the Skimmers activities are unwelcome at this time and that Gursoy's presence at the leasehold property presents a threat to the health, safety and well- being of members of the Skimmers. 7. In or about January 2005, members of Skimmers' Board of Directors became concerned about Gursoy's behavior toward other members of Skimmers. 8. Among other things, on or about January 30, 2005, Gursoy endangered the lives of several members of Skimmers during a water-ski show. Gursoy drove one of the boats that towed the Skimmers water-ski team in a manner that was reckless while driving at excessive speeds, venturing into unsafe areas of the water, and nearly causing multiple collisions. . 9. During the week of January 31, 2005, the Skimmers' water ski boats and other -2- e e Agenda Item NO.1 OE September 13, 2005 Page 40 of 44 property located at Lake Avalon and at the home of Skimmers' President, Glenn Herriman ("Herriman"), were stolen and/or vandalized. The property consists of the following: a. 1986 Mastercraft Ski Boat and Trailer; #MABAP16FI002875 b. 1995 Hydra-Dyne Ski Boat and Trailer with twin Mercury 150 Engines #FL7T2403C695 c. 1995 Hydra-Dyne Ski Boat with Single Mercury 150 Engine and Trailer #FL 7S5933F595 d. 1997 Flats Boat with Single Mercury 30 EngIne and Trailer #FKH142l2R797 e. 1999 Skiffwith 40 Mercury Engine and Trailer #TMYlO004T899 Two (2) four-drawer file cabinets f. Skimmers Membership Records in two (2) file folders g. One (1) Sound System 10; Gursoy subsequently stated that he knows the whereabouts of the stolen Skimmers' water ski boats and property and has, at the very least, been an accomplice in such theft. 11. Gursoyalso changed the locks on Skimmers' equipment sheds at Lake Avalon, preventing Skimmers rightful access to Skimmers property. 12. On February 3, 2005, Gursoy and a: Skimmers youth entered Herriman's business at 5630 Yahl Street, Suite 5, Naples, Florida without permission and forcibly removed from the premises a filing cabinet containing Skimmers documents over the objection of, and under circumstances causing fear to, persons working at the business at the time. -3- e e Agenda Item NO.1 OE September 13, 2005 Page 41 of 44 13. The property stolen from the Skimmers is located in Collier County, is wrongfully detained, has not been taken for any tax or assessment or fine pursuant to law, and has not been taken under an execution or attachment against Skimmers' property. 14. On February 4, 2005, the Skimmers Board of Directors, by majority vote, approved a resolution banning Gursoy from the Skimmers' leasehold at the park and demanding the return of all Skimmers' property taken by him or at his direction. 15. On February 6, 2005, Gursoy appeared at the Skimmers' leasehold at the park wielding a knife and endangering the safety of one member of the Skimmers Board of Directors who voted to pass the resolution banning Gursoy from the Skimmers' leasehold. 16. Gursoy has made threats "to take out" and "to take care of' those members of the . . Skimmers Board of Directors who supported the resolution banning Gursoy from the Skimmers' leasehold at the park and demanding the return of all Skimmers' property. Gursoy continues to threaten the lives and safety of Skimmers' members and/or directors. 17. Skimmers has upcoming water skiing practices and shows for the public-the earliest being scheduled for the weekend of February 19-which it will be unable to perform without the return of its stolen property. Based on the foregoing, I fmd that the facts set forth in the Verified Complaint and the Verified Motion, including the attached affidavits, establish that a temporary injunction should be entered against Gursoy. That is to say, Plaintiff has shown the likelihood of irreparable harm, the _ unavailability of an adequate remedy at law, substantial likelihood of success on the merits, and no -4- 'e e Agenda Item No. 10E September 13, 2005 Page 42 of 44 hann to the public interest. Snibbe v. Napoleonic Society of America, Inc., 682 So. 2d 568, 570 (Fla. 2nd DCA 1996). Moreover, the facts demonstrate that a temporary injunction should issue without advance notice to Gursoy insofar as. such notice would "acce)erate or precipitate" the irreparable injwy and the time required to notice a hearing would permit the threatened irreparable injury to occur. City of Boca Raton v. Boca Raton Airport Authority, 768 So. 2d. 1191,1192 (Fla. 4th DCA 2000). , , Skimmers will likely suffer irreparable harm without entry of a temporary injunction because , Skimmers members arid directors will likely continue to suffer threats to-if not attacks on~their safety, that will cause them emotional and/or physical harm. Additionally, Skimmers cannot perform the water-ski practices and shows for the public without a return of its stolen property. . There is no adequate remedy at law because no amount of monetary d3mages will: (a) fully compensate. Skimmers members and directors for the emotional or physical damages that are likely to ensue in the absence ofan injunction; (b) fully.compensate the children or the public who benefit from the performance of Skimmers water-ski shows, which cannot continue in the absence of an order requiring Gursoy to return, or assist in the return of, Skimmers' stolen property; or (c) make Skimmers whole for the damage to its reputation that will be sUffered due to cancelled water ski shows. Skimmers has' demonstrated a substantial likelihood of succeeding on the merits of the Complaint insofar as there is no apparent justification for Gursoy's actions. Under all of the foregoing circumstances, a temporary injunction will actually serve rather than harm the public interest. Finally, a temporary injunction should issue without advance notice to Gursoy because such -5- e e Agenda Item No. 10E September 13, 2005 Page 43 of 44 notice is substantially likely to provoke further threatening and injurious behavior by Gursoy and because Skimmers will suffer further irreparable injury before a properly noticed hearing can be scheduled. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. Defendant, JOHN V. GURSOY, is hereby enjoined and prohibited from: a.entering upon Skimmc::rs' boat storage, maintenance' buildings, and concession stands at Sugden Regional Park ("the park''); b. using motorized watercraft on any portion of Lake Avalon; c. using any boat on Lake Avalon during Skimmers water ski performances; d. entering upon Skimmers' County-approved private functions at the park for award banquets, birthday parties, or youth group organizations; e. fishing at Lake Avalon on the beach used by Skimmers or from any boats in Skimmers' practice or show areas; f. entering upon the real property where Glenp Herriman, Scott Hopkins, Anthony Michalik, Jr., David LeFort, or Mark Gagenworth live or work; arid, g. participating in Skimmers activities; 2. Defendant, JOHN V. GURSOY. is hereby ordered to immediately return and assist in the return of all property belonging to the Skimmers, including but not limited to: a. 1986 Mastercraft Ski Boat and Trailer, #MABAPI6FI002875; b. 1995 Hydra-Dyne Ski Boat and Trailer with twin Mercury 150 Engines, #FL 7T2403C695; c. 1995 Hydra-Dyne Ski Boat with Single Mercury 150 Engine and Trailer, #FL7S5933F595; d. 1997 Flats Boat with Single Mercury 30 Engine and Trailer. #FKH14212R797; -6- 'e e Agenda Item NO.1 OE September 13, 2005 Page 44 of 44 e. 1999 Skiff with 40 Mercury Engine and Trailer, #TMYlO004T899; f. Two (2) four-drawer file cabinets; g. . Skimmers Membership Records in tw? (2) file folders; and ~t ' s h. J_~ <2,Sound Sptem /l, t J.I (U8'JW,., j{tr~p J I I As tD ~ ~ '5 (t~r) (P It> l.f'Q , 11 'plkL 3. I' This Oider shall be effective immediatel)j~pon Plaintiff's posting a bond in -d:;- . amount of $ 'It) ti:J:? ~ sball be conditioned for the 'pa~ent of costs and , . tAtJ pr?JfffTt1l$ fkrz.'t'c7(tt~ [~ damages sustained by the Defendant in the ~ven~i:r)vr8ngrull] "J.ij~ Once "'- said bond is posted. this Order will remain in effect until further Order of the Court. 4. Pursuant to Florida Rille of Civil Procedure 1.61 O( c), this Order shall be binding on the Defendant, and all his agents, servants, employees, and attorneys, and on those persons in active concert or participation with them who receive actual notice of this . injunction. , ' , " . ,It DONE AND ORDERED in Chambers, in Naples, C<>llier County, Florida this ~ day of Febrwuy, 2005, at If: 27 )(/P.m. Ur Circuit Co Conformed Copies: ,William J. Hazzard, Esq. John V. Gursoy -7- Agenda Item No. 10F September 13, 2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve a Cooperating Technical Partners Partnership Agreement between CoUier County, the City of Naples, the South Florida Water Management District (SFWMD), and Region IV, Federal Emergency Management Agency (FEMA) to formalize an agreement to work together to create and maintain accurate, up-to-date flood hazard data for the City of Naples and unincorporated CoUier County. OBJECTIVE: To obtain approval of a formal Cooperating Technical Partners Partnership Agreement between Collier County (County), the City of Naples (City), the South Florida Water Management District (SFWMD), and Region IV, Federal Emergency Management Agency (FEMA) to formalize an agreement to work together to create and maintain accurate, up-to-date flood hazard data for the City of Naples and unincorporated Collier County. CONSIDERATIONS: ......'.... In December of 1996, a Coastal Flood Insurance Study was performed for Collier County and incorporated areas by a Federal Emergency Management Agency (FEMA) study contractor, Engineering Methods and Applications, Inc. (EMA). In December of 1998, the preliminary Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) were issued. In December 2001, Collier County formally appealed the coastal analyses presented in the preliminary FIS, summarizing a number oftechnica1 concerns in a December 2001 report prepared by Tomasello Consulting Engineers (TCE) entitled, "Appeal of Flood Insurance Restudy (RFIS) Proposed Base Flood Elevation for Collier County and City of Naples." In March 2004, the emphasis of Collier County's efforts shifted from studies focusing on data and analysis to refute the proposed maps to a coordinated effort and partnership with FEMA to produce the required topographic, scientific and engineering data to support a comprehensive Flood Insurance Study (FIS) to revise the entire set of FIRMs for Collier County. On March 9, 2004 (and later amended on March 23, 2004), the Board of County Commissioners authorized an emergency contract with TCE to perform the studies and other work in support of the County's efforts to provide the needed studies and analysis for submittal to FEMA by December 1, 2004. That date was later amended to March 31, 2005. On May 19,2004, and at the request of the land owners' representative, the County's "5-Basin" contract with TCE was amended and expanded to include the proposed Ave Maria Development of Regional Impact (DRI) and the remainder of the Receiving Lands/Sending Areas (RLSA), excluding the Area of Critical State Concern. Both the County and the property owners shared the cost for this contract amendment and being a contract amendment, there was no change in the original contract document other than modifications to total cost and time frame. .-' Due to ongoing technical difficulties with the flood analysis models and the overall scope of the project, the County did not complete and submit the required studies, modeling and associated flood plain analysis for the coastal flood assessment and six inland basins for the unincorporated area of Collier County to support developing a new set of FIRMs by the March 31, 2005 Executive Summary Agenda Item NO.1 OF September 13, 2005 Page 2 of 9 Page 2 deadline established by FEMA. As a result, FEMA issued a Letter of Final Determination (LFD) dated May 17, 2005 to Collier County and in doing so officially notified the County that FEMA now considers the Base (1 % annual chance) Flood Elevations (BFEs) on the Preliminary FIRMs and Flood Insurance Study (FIS) report to be final. The LFD included the revisions to the preliminary study wherein a modification was made to the Zone D designation in the area of Golden Gate Estates and extending up to Immokalee. The LFD states that the modified BFEs and revised map panels will now become effective on November 17, 2005 and will revise the FIRMs which were in effect prior to that date. On June 28, 2005, the Board of County Commissioners (Board) directed the County Attorney's office to file for an injunction against FEMA's proposed map~ in an attempt to prevent the maps from taking effect in November. On July 26, 2005, by a vote of 3 to 2, the Board directed staff to withdraw that injunction and to open a dialog with FEMA representatives to attempt to foster a cooperative partnership with the County and City to continue to work together to prepare and submit updated technical data and engineering analyses to FEMA in an effort to create revised digital Flood Insurance Rate Maps (DPIRMs) to more accurately reflect the area's flood elevations for Special Flood Hazard Areas (SFHA) for coastal and inland areas of the county. On August 25, 2005, staff, in cooperation with the City of Naples staff, negotiated the enclosed agreement to codifY a formal partnership with FEMA Region N and the South Florida Water Management District to jointly produce a set of revised FIRMs for all of Collier County. FEMA's new study contractor, Michael Baker Corporation (Baker), is currently reviewing all the technical data completed by TCE and once completed, the project will proceed under the defined schedule in a follow-on Mapping Activity Statement for the project. The Mapping Activity Statement, projected to be completed by the FEMA staff in mid-September, will define scope of work, roles and responsibilities, and a project schedule. Given that the revision efforts will impact the entire county, the opportunity to participate in the agreement has also been offered to the City of Marco Island and Everglades City. The City Manager, City of Marco Island, declined the opportunity to participate. Staff is waiting for a final decision from the Everglades City staff as to whether they desire to be included in this agreement. FISCAL IMPACT: Total Approved Contract Cost to Date = $723,309.00 $616,309.00 Collier County $47,000.00 City of Naples $60,000.00 Special District - The details of these costs are as follows: . $235,000 ($188,000 County; $47,000 City) - Initial and follow-on coastal study . $57,007 - Golden Gate Estates "Sheet 2D" studies . $49,425 - Certification of County's LIDAR GIS data base to meet National Mapping Standards . $61,877 - 57 miles of survey elevation monument control throughout the Estates . $200,000 - addition of 5 basin studies . $120,000 - Ave Maria Stewardship District studies ($60,000 County, $60,000 Special District) Executive Summary Agenda Item NO.1 OF September 13, 2005 Page 3 .of 9 Page 3 GROWTH MANAGEMENT IMPACT: None, although accurate floodplain information is vital to insure an effective planning and permitting process. RECOMMENDATION: That the Board of County Commissioners approve the attached Cooperating Technical Partners Partnership Agreement between Collier County, the City of Naples, the South Florida Water Management District (SFWMD), and Region IV, Federal Emergency Management Agency (FEMA) to formalize an agreement to work together to create and maintain accurate, up-to-date flood hazard data for the City of Naples and unincorporated Collier County and in doing so grant authority to County Manager Jim Mudd to sign the agreement. PREPARED BY: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division ,.-. -, Item Number: Item Summary: Meeting 081e: !\gend<.l Ito:lrTi No lUF September 13, 2UOS Paqe 4 019 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10F Recommelldati(Jn 10 ilpprove <l Cooperating Technical Pallnel1; P<lrtnelship Agleemenl bet'ween Collier County, the City of Naples, the South Florida Water Management District (SFWMD), and Region IV, Federal Emergency ManAge men I Agency (FEMA) to formalize ~n agreement to work together to creAte ~f1(J mflintain accurate, up-to-llale flood tlE7<lld rlflta for the Cily of Nflples and unIncorporated Collier County. (Joseph K. Schmitt, Adrnil1islr~lor, Communily Development <lnd Environmental Services Di\/i:;ion) 9/13/2005900:00 AM Dato Apl)rOvcd B)o' Sandra Loti Eli:ecutive Secretary Community Dcvolopment & Community Development & Environmental Services Environme-nt.11 SerVlCEt6 Admin. 8/2912005 9:21 AM Approved By Date Constance A. Johm.on OperatIons Analyst Community Development & Community Development & Environmental Services EnVironmental Services Admin. 8/29f2oo510:41 AM ApllrO\'cd 8)0' D... Robert C. Wiley. P.E. Community DEl'velopment & Environl1lental Service. Prinicipaf Project M!lnagm COES Engineenng Serviccs B/29!200S 2~45 PM Date Apllroved B}' PatrlckG.WhitC' County Attorney Assistant County Attornoy County Attorney Office 8'3012005 8:59 AM D"" Apprm:ed By Joseph K. Schmitt Community Development & Environl'TlCntlll Services Community Development & Env1ronmenlal Services Adminstrator Communrty Development & Environmental ServiceD Admin. Q/1f2005 9:35 AM 0". APllrDVcd By OMS Coordinator County Manager's Office Administrative AssIstant Office of Managel'tlent & Budget 9f1rlOO~ 1 :43 PM D". AIII)rDvcd By Mark lsack:>on County Manager's Office Bud~l Analyst Office of Management & Budget 9f1/2005 2:02 PM Date AflprO\'cd By Michael Smykow5kl County Manager's Office Management 8. Budget Director Office of Manllqcment & Budget 9.'1/2005 2:33 PM D". Apl.roved By James V. Mudd Board ofCounly Commll;siol)ers County Manager County M:mngm's Office 912"20059:33 AM Agenda Item No.1 OF September 13, 2005 Page 5 of 9 COOPERATING TECHNICAL PARTNERS PARTNERSHIP AGREEMENT AGREEMENT is made on , by these parties: Collier County, the City of Naples, Florida, the South Florida Water Management District (SFWMD), and the Federal Emergency Management Agency (FEMA). WHEREAS the National Flood Insurance Program (NFIP) established by the National Flood Insurance Act of 1968 has several purposes, the most significant being · To better indemnify individuals from losses through the availability of flood insurance; . To reduce future flood damages through community floodplain management regulations; and . To reduce costs for disaster assistance and flood control; WHEREAS a critical component of the NFIP is the identification and mapping of the nation's floodplains to create a broad-based awareness of flood hazards and to provide the data necessary for community floodplain management programs and to actuarially rate flood insurance; WHEREAS FEMA administers the NFIP and is authorized by 9 1360 of the National Flood Insurance Act of 1968, as amended (42 US.c. 4101), to establish and update flood-risk zone data in floodplain areas; WHEREAS, in the identification of floodprone areas, FEMA is authorized to consult with, receive information from, and enter into agreements or other arrangements with the head of any State, regional, or local agency in order to identify flood-prone areas; WHEREAS FEMA encourages strong Federal, State, regional, and local partnerships for the purposes of reducing flood losses and disaster assistance; FEMA and its State, regional, and local partners have determined that it is advantageous to encourage and formalize greater cooperation in the flood hazard identification and mapping processes; \VHEREAS Collier County, the City of Naples, and the SFWMD participate in the NFIP (or share flood protection and/or floodplain management responsibilities with communities that participate in the NFIP in Collier County) and actively promote the best management practices as defined in Community Rating System (CRS), Collier County, the City of Naples, and other incorporated communities within the county have been deemed by FEMA to be in good standing in the NFIP; and WHEREAS Collier County, the City of Naples, and the SFWMD have expressed a desire to perform certain functions in the flood hazard identification process and have provided evidence that they have sufficient technical capability and will dedicate the resources necessary to perform those functions; and many communities and the agencies that serve them have Agenda Item NO.1 OF September 13, 2005 Page 6 of 9 developed considerable technical capabilities and resources that provide the opportunity to improve and expand the collection, development, and evaluation of flood hazard data, NOW THEREFORE, it is mutually agreed that the parties enter into this Agreement to work together to create and maintain accurate, up-to-date flood hazard data for Collier County subject to the terms and conditions recited below. 1. CONSULTATIONS The parties shall collaborate on flood hazard identification activities and shall consult with each other to fully integrate each other's contributions into flood hazard identification efforts. Questions regarding the execution of this Agreement will be resolved by an implementation committee consisting of representatives from FEMA, Collier County, the City of Naples, SFWMD, and other incorporated communities within the county, as available. If the implementation committee is unable to resolve technical issues, the issues may be resolved through alternative dispute resolution procedures. 2. EVALUATION AND REPORTING The parties shall, on an annual basis (during the month of October, 2005), review the partnership created by this Agreement to determine and document the activities undertaken to maintain accurate flood hazard data and to revise the Agreement as necessary. 3. RESOURCE COMMITMENT The parties agree to implement this Agreement by committing the appropriate and available human, technical, and financial resources sufficient to coordinate effectively with all entities impacted by flood hazard identification efforts. 4. STANDARDS Unless otherwise agreed to by the parties, all flood hazard identification activities will be accomplished in accordance with the standards documented in Guidelines and Specifications for Flood Hazard Mapping Partners, dated April 2003, and all subsequent revisions. 5. SPECIFIC INITIATIVES OR PROJECTS Specific initiatives or projects to be performed under this Agreement are to be documented in Mapping Activity Statement(s), which will be attached to this Agreement when they are signed. The parties will be obligated to perform as described in the signed Mapping Activity S tatement( s). 6. TERM The respective duties, responsibilities, and commitments of the parties in this Agreement shall begin on the date this Agreement is signed by the parties and may be periodically renewed, Agenda Item NO.1 OF September 13, 2005 Page 7 of 9 revised, or terminated at the option of any of the parties. The parties agree that a 60-day notice shall be given prior to the termination of this Agreement. THEREFORE, each party has caused this Agreement to be executed by its duly authorized representatives on the date mentioned above. James V. Mudd, County Manager Collier County, Florida Date (Printed) Robert E. Lee, City Manager City of Naples, Florida Date (Printed) Carol Wehle, Executive Director South Florida Water Management District Date (Printed) A. Todd Davison, Director FEMA Region IV Mitigation Division Date (Printed) \. , Agenda Item NO.1 OF c.s. DepartmenGOfHemlbmtl m~iH'OO5 500 C Street, SW Page 8 of 9 Washington. DC 20472 ....'-"".... .....,...~"~RT.\i;\~_. ~. FEMA August 15, 2005 James V. Mudd County Manager Collier County 3301 East Tamiami Trail Naples, F10rida 34112 ~o COUNTY MANAGER OfFICE ~l ~~/~- AUG 2 2 200S ACTION FILE Dear Mr. Mudd: Thank you for your letter dated July 12, 2005, to the Department of Homeland Security's Federal Emergency Management Agency (FEMA) regarding the Revised Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for Collier County, Florida and Incorporated Areas. In your letter, you requested that I reconsider my decision to finalize the FIS and FIR..\1 that are scheduled to become effective on November 17, 2005. In response to your July lih letter, I stated in a letter dated July 22,2005, that pursuant to U.S. Department of Justice and FEMA policy on litigation issues, I was unable to make any comment on matters surrounding this mapping effort. However, on August 3, 2005, FEMA's Office of General Counsel received official notification that Collier County voluntarily dismissed the litigation against FEMA and therefore, I am now able to provide a response to your July 12th letter. On May 17,2005, a determination was made by FEMA as to the Base (1 % annual chance) Flood Elevations (BFEs) for your community. That letter stated that the elevations are considered final and the modified BFE determinations and revised map panels will become effective on November 17th. Because the F!S and FIRM represent the be:::t avaibble technical data, the cci.t:rmination must remain for the maps to become effective on Novcmbel ~ 7,200.5. FEMA acknowledges that the County is developing new analyses for the coastal and inland basins that may ultimately be used to update your flood maps. I have a particular concern with the Golden Gate Estates area. This area is currently mapped as Zone D (areas in which flood hazards are undetermined). FEMA is committed to working with you to provide timely and accurate flood hazard data so that citizens within this area and local government officials can make informed floodplain management and insurance purchase decisions. Under certain hurricane conditions, significant portions ofColJier County are flood prone. Unlike the Florida Panhandle where these conditions have been ri.;cently realized, Collier County has been fortunate to have avoided severe hurricane lcmdfall conditions in the last severa] decades. FEMA's goal is to ensure that these flood risks are identified so local government and citizens can protect property and life and ensure minimal economic losses through prudent l~~nd use and building standards. www.fema.gov Agenda Item t\lo. 10F September 13, 2005 Page 9 of 9 James V. Mudd August 15, 2005 Page 2 In your letter, you discussed partnership and it is my understanding that members of your staff have expressed interest in FEMA's Cooperative Technical Partner (CTP) Program. I have asked the Region IV staff, in Atlanta, Georgia, to review this prospect and consider the County's qualifications and commitment to working cooperatively in a fair and trustworthy manner. FEMA will enter into a CTP agreement only if it is clear that the County is committed to the deadlines that are set and willing to work closely with us to develop and maintain flood hazard data to ensure that citizens and local government officials have the most up-to-date flood hazard information available to make wise floodplain management and insurance decisions. At this time, I have asked the Region IV staff not to enter into this CTP partnership until the details of the arrangement are finalized. In the meantime, I encourage the County and the City of Naples to continue working with FEMA to fmalize the analyses that are being prepared for the coastal and inland basins as well as eventually update the FIS and FIRM. In a meeting that took place on June 22, 2005, at the Region IV Office, with members of your staff and the City of Naples, a proposed schedule was discussed. The schedule that was developed reflected a proposed timeframe of Fall 2007 for the final PIS and FIRM to become effective. If you have any questions or concerns regarding the FIRM for your community or the CTP Program, please contact Mr. A. Todd Davison, Director, Federal Insurance and Mitigation Division ofFEMA in Atlanta, Georgia at (770) 220-5400, or the FEMA Map Assistance Center toll free number at (877) 336-2627 (877-FEMA MAP). Sincerely, DM:kb cc: Mary Lynne Miller, Acting Regional Director, FEMA Region IV A. Todd Davison, Director, Federal Insurance and Mitigation Division, FEMA Region IV Dr. Robert E. Lee, Manager, City of Naples Joseph K. Schmitt, Administrator, Collier County Community Development and Environmental Services Division Robert Wiley, Principal Project Manager, Collier County Engineering Services Department - ,- EXECUTIVE SUMMARY Agenda Item NO.1 OG September 13, 2005 Page 1 of 6 Recommendation to approve an addendum to the Lely Cultural Center Settlement Agreement in support ofthe Emergency Service Complex, Project 52160 OBJECTIVE: To approve an addendum to the Lely Cultural Center Settlement Agreement to allow for the construction of an Emergency Services Complex. CONSIDERATION: This project was initially planned for the construction of an Emergency Services Complex (ESC) at the Bembridge PUD on Santa Barbara Boulevard. This proposed addendum to the settlement agreement would allow the site to be changed to the Lely Cultural Center adjacent to Lely Elementary School on Lely Cultural Parkway. On January 27, 2004, agenda item 16.K.1, the Board approved a Settlement Agreement and Mutual Release between Collier County, Texas Industries, NV. and Collier Cultural and Educational Center that approved the transfer of deed and Developer Contribution Agreement for approximately 20 acres of land located on Lely Cultural Parkway. The agreement restricts the use of the property to certain specified activities and structures. On May 24, 2005, the Board did not approve the PUD amendment for the ESC at the Bembridge PUD. Staff began discussions with Stock Development, LLC to determine the feasibility of constructing the ESC off Lely Cultural Parkway and ultimately prepared this addendum to the settlement agreement to clarify that the ESC is a permitted use, as an office building, under the original settlement agreement. The proposed addendum to the settlement agreement allows for an ESC in addition to other facilities, such as a library, addressed within the settlement agreement, provides that the County will develop the property substantially as portrayed in Exhibit "B" to the agreement, and provides that the developer has review rights over the landscape buffer along Lely Cultural Boulevard. FISCAL IMPACT: There is no fiscal impact related to this addendum. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve an addendum to the Lely Cultural Center Settlement Agreement and authorize the chairman to execute the agreement. Prepared by: Ron Hovell, P.E., Principal Project Manager, Facilities Management Department Item Number: Item Summary: Meeting Date: Agenda lIem No. lOG Seplemuer 13,2005 PLlqe 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lOG R~commendali(jn to approve an aljdendum 10 the Lely Cullmal Cenle! Settlement Agreement ill support ollhe Emergency Si:!lvlce Complex. Project 52160 (Companion to Items 88 and 10H) (Len Price, Adminislr<llol. Admrnlslrallve Services) 9/13/20059:00:00 AM Date Apprll\'cd By Skip Camp, C.FM Admmistr~bve Services Facilities Managenwnt Director Facilities Management B131/200!'i 12:43 PM Dme Appw\'cd 8)0' P.rtrlck G. While County Attorney Auist<\nt County Attorney County Attorney Office 9/112005 9:04 AM Date Approvcd B)o' Len Golden Price Admrnistrative Services Administr.1tive Services Administrator Administrative Services Admin. 9/1120059:18 AM Date AI)pnnicd B)' OMB Coordinator County Manager's Office Administrative Assi5tant Office of Management & Budget 9/1120052:44 PM Date Altproved By Susan U.her County Manager's Office Senior ManagemenVBudgGt Analyst Office of Manaoement & Budge1 9rt.12005 2:47 PM MIchael Smykowski Date Approved By County Manager's Office Management & Budget Director OffIce of Management & Budget 9/6/2:0054:01 PM Appro\'cd By James V. Mudd BOJlrd 01 County COmllli!lflioners County Manager Date County Managp.f's Office 9KjI20QS 4:24 PM Agenda Item No.1 OG September 13, 2005 Page 3 of 6 ADDENDUM TO THE AMENDED lEl Y CULTURAL CENTER SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS ADDENDUM TO THE AMENDED LEL Y CULTURAL CENTER SETTLEMENT AGREEMENT AND MUTAL RELEASE (hereinafter referred to as the "Addendum") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Collier County, a political subdivision of the State of Florida ("County") and Stock Development, LLC, a limited liability company ("Stock") authorized to conduct business in the State of Florida, and owner of the property that is the subject of this Addendum. WIT N E SSE T H: WHEREAS, the County and Cibolo Investments, N.V. flk/a Texas Industries, N.Y. ("Cibolo") and Stock Development, LLC ("Stock"), entered into the Amended Lely Cultural Center Settlement Agreement and Mutual Release attached hereto as Exhibit "A" ("Settlement Agreement"); and WHEREAS, Cibolo and Collier Cultural and Educational Center, Inc. no longer have any ownership interest in the property subject to this Addendum and they are not signatories to it; and WHEREAS, the sole remaining party to the above referenced Settlement Agreement, as amended, hereby agrees to this Addendum to the amended Settlement Agreement to recognize an emergency operations/service center would be allowed to be constructed on the property. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Addendum, and with the intent to be legally bound, County and Stock agree as follows: 1. The fourth sentence of Paragraph 2.(e.) of the Settlement Agreement, as amended, is further amended as follows to include the Collier County Emergency Page 1 of 3 Agenda Item No. 10G September 13, 2005 Page 4 of 6 Services Complex as a recognized use permitted by the Owner, Stock Development, LLC: "The County will be permitted to use the property only as a community park with such activities as softball and soccer tournaments, a site for an office, specifically includina use as an Emeraency Services Center office. a neighborhood park, library and post office subject to the limitations set forth in this paragraph." 2. The Collier County Emergency Services Complex and all other improvements on the Property shall be constructed in substantial compliance with the conceptual site plan attached hereto and incorporated herein as Exhibit "B." 3. Prior to constructing any improvements on the Property, County shall construct a landscaped buffer along Lely Cultural Boulevard. The landscaped buffer shall be first reviewed by Stock, and the County will, to the extent not inconsistent with County regulations implement any timely review comments provided by Stock. 4. Except as modified by this Addendum, all other provisions of the Settlement Agreement and Mutual Release, as previously amended, remain unchanged. IN WTNESS WHEREOF, the County and Stock have entered into and signed this Addendum this day of ,2005: Page 2 of 3 , COLLI ER COUNTY A nEST: DWIGHT E. BROCK, Clerk of Courts of Collier County, Florida By: Deputy Clerk \52s to ':t;n;' sufficiency Patrick G.~ Assistant County Attorney Witnesses: ~ lLC\fl LYVI (0 Print Name S :\DA TA\WPDA T A\L1TIGA TE\SlockIADDENDUM.doc Agenda Item NO.1 OG September 13, 2005 Page 5 of 6 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman STOCK DEVELOPMENT, LLC By: Page 3 of 3 Agenda Item No, 10G September 13. 2005 Page 6 of6 I I ~ I. I I II I II ,I '-- e i I .- Agenda Item NO.1 OH September 13, 2005 Page1of13 EXECUTIVE SUMMARY Recommendation to approve a $91,750.00 change to contract #03-3448, "Professional Architectural and Design Services for Collier County Emergency Services Complex", with Harvard Jolly to site adapt the project to the Lely site. OBJECTIVE: To approve a $91,750.00 change to contract #03-3448 with Harvard Jolly to site adapt the Emergency Services Complex (ESe) to the Lely site. CONSIDERATION: On June 10,2003 the Board approved a $1,859,000 design contract with Harvard Jolly for the design of the Emergency Services Complex, agenda item 16-E-8. Three change orders totaling $21,750 have been approved administratively since the June 10, 2003 approval and on July 26, 2005 the Board of County Commissioners approved change order number 4 for $214,797.50. All the change orders to date have related to design changes to the building and additional services for the Bembridge PUD amendment. On May 24, 2005, the Board voted down the Bembridge PUD amendment and directed staff to look at other possible sites for the ESC. At the July 26, 2005 the Board discussed alternative sites including the Lely site and the Board continued the Item to the September 13, 2005 BCC meeting pending a revised agreement with Stock Development to allow the ESC at the Lely site. The additional work is to site adapt the proposed ESC to a 20 acre parcel of land located along the north side of Lely Cultural Parkway approximately one half mile west of Collier Boulevard. The design work will be coordinated with the proposed Library to be at the same site. FISCAL IMPACT: Funds for the additional design services are available In fund 390 general government facility impact fee, project number 52160. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the Government Complex Projected Space Plan. RECOMMENDATION: That the Board of County Commissioners I) approve a desib'11 contract change with Harvard Jolly in the amount of $91,750.00 and 2) authorize the County Manager or his delegate to ex ecute the contract change. Prepared by: Peter S. Hayden, P.E., Senior Project Manager, Facilities Management Department Item Number: Item Summary: Meeting Date: Agenda Ilem No lOH September 13, 2005 PHg~) 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISS!ONERS 10H Recommel1CJa1ion to ilpprove fl $91.750,00 change hl c()ntn~ct #03-S448, Profesr,jonal Architectural and D€slgn Services tor Collier COLlnty Emergenc'\l Services Complex, wit1, Harvard Jolly to site adapt the project to the Lely site, !This item Companion to Item 8B) (Len Pflce, Admmi$tralor. Administrative Services) 9/1J!2005 9:00:00 AM Date Approved By Skip Camp. C.F .M. Adminiatrative Services FaciUties Management Director FocililieB Manl'lgel'nent 6/31120058:33 AM [llrte Approved By Ron Hovell Administrative Servicos Principal Project Manager fllcilities Management 8!31f2005 8:54 AM Date ApJlroved By Linda Jackson Administratiw: Service' Comracts Agent Purchasing 6/311200512:38 PM Date Apprllvcd B}' Len Golden Price Administrative Services Administratilic Services Administrator AdministrlJtive Services Admin. 6(31/20051:37 PM D'le Aplu.oved By Steve Carnell Administrative Services Purchasing/General SVc& Director Purchasing 9/1f200S 12:21 PM Date ^JlprO\'ed B)' OMB Coordinator County Manager':\'; Office Administrative Assistant Office of Milnagomel1t & BudgM 911l200$ 2:45 PM Date Approved B}' Susan Usher County Manager's Office Senior Managel'l'lentlBlJdget Analyst Office of Management 8. Budget 916120052:37 PM Date Approved By Michn~1 Smykowski County Mimagcr's Offlce Management &. Budget Director Office of Management & Budget 916120054:59 PM O"'e ^I)proved By James V, Mudd Board of County Commillsioneni County Manllger County Manager's Office 9/6/2005 5;27 PM ---~-- _____h___,___ --,--,--,,- --A!3€lRG ~ E M '( d T B . T d Sen1emQ~r 13, 2005 - at e 0 onme: ues ay, August30, .l~age 3 of 13 Date: Tuesday, August 30, 2005 ':S)iNTEiFA;s,4rflOARDAGENDA. ITEM. PLEASE LOG ON rHE Project Name: Professional Architectural and Design Services for Collier County Emergency Services Complex Project Number: 52160 BIDIRFP #: 03-3448 Mod#: 5 PO#: 4500012091 Work Order Number: NA Contractor/Consultant: Harvard Jolly, Inc. Original Contract Amount: $ 1.859.000.00 (Starting Point) Current BCC Approved Amount: $ 2.095.547.50 (Last Total Amount Approved by the BCe) Current Contract Amount: $ 2.095.547.50 (Including All Changes Prior To This Modification) Change Amount: $ 91.750.00 Revised Contract/Work Order Amount: $ 2.) 87.297.50 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 328.297.50 Percentage Of The Change OverlUnder Current Contract Amount: 4.38% % Overview of change: To provide additional services based upon the Owner's request to move the project from the Santa Barbara site to the newly proposed L y site. Date: Bh()/~\r . Scanned Date: Data Entry Information: Type of Change: Contract Project Manager: Peter Hayden Department: Facilities Management ~C~~!!ory Type, Circle One Below: ~~Planned or ;~:!i~ Unforeseen Conditions 3. Quantity Adjustments 4. Correction of Errors 5. Value Added 6. Schedule Adjustments Scanned copies of the back up documentation may be located on the Purchasing G drive: Revised 7/11/05 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item NO.1 OH September 13, 2005 Page 4 of 13 PROJECT NAME: Emerl!encv Services Complex PROJECT #: 52160 BID/RFP #: 03-3448 MOD #: 2 PO#: 4500012091 WORK ORDER #: N/A DEPARTMENT: Facilities Original Contract Amount: $ 1.859,000.00 (Starting Point) Current BCC Approved Amount: $ 2,095.547.50 (Last Total Amount Approved by the BCe) Current Contract Amount: $ 2,095,547.50 (Including All Changes Prior To This Modification) Change Amount: $ 91,750.00 Revised ContractIWork Order Amount: $ 2.187.297.50 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 328,297.50 Date of Last BCC Approval 7/26/05 Agenda Item # 16 E ]4 Percentage of the change over/under current contract amount 4.38% Formula: (Current Amount / Last BCC approved amount)-l Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section 1l1.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Owner reQuests to move the proiect to another site. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The additional services are due to owner input and the desire move the proiect to the Lelv site. PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. Skip Camp, Linda Jackson IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) .l Proposed change is consistent with the scope of the existing agreement .l Proposed change is in fact an addition or deletion to the existing scope .l Change is being implemented in a manner consistent with the existing agreement .l The appropriate parties have been consulted regarding the change .l Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: / ATION: This form is to be signed and dated. Q - 30- os- Date: D Date: {J-]o-o"t' G:\Construction & Capital Items\52160 Emergency Services Complex\Contract Work Order Modification Change No, 5,doc Agenda Item NO.1 OH September 13, 2005 Page 5 of 13 HARVARD JOLLY Architecture InteClor Design Planning Programming Landscape Program Management BOARD OF DIRECTORS R John Clees. AlA Jeffrey E. Cobble. AlA Ward J. Fnszolowskl. AlA Michael K. Hart, AlA William B. Harvard. Jr.. AlA Steven M. Heiser. AlA Ronald N. Lang. AiA James A. Shawhen, AlA Blanchard E, Jolly, Emer"us 2714 Dr ML King Jr St N 81. Petersburg. FL 33704 727,696-461' www.HarvardJolly.com AACOOQ119 August 25,2005 Peter Hayden Department of Facilities Management Collier County Government General Services Building 3301 East Tamiami Trail Naples, FL 34112 Re: Collier County Emergency Services Complex-03058 Dear Mr. Hayden, Purs:.:ant to your request, we have 2ssemb!ed a prc~os:! to '3ite adapt the ESC to the new anticipated Lely Site. The following assumptions were made: No changes will be made to the actual building No PUD or development amendments are anticipated Service entry points to the building will stay the same Costs for Civil Engineering that deals with overall site permitting etc. will be split between this and the library project as reflected in the attached fee proposal from TKW. The Construction administration required for the site will be split between this and the library project although one project may precede the other. The following contains a fee broken down hourly from Harvard Jolly which is anticipate to be a lump sum, a not to exceed fee proposal from TKW which includes all anticipated items, some of which may not be required and a not to exceed proposal from Scharfe and Associates. There is no proposal from TLC for MEP as we do not anticipate a change in the actual building configuration. There is also no fee proposal from Jenkins and Charland for structural, however, there may be additional fees for structural if soil conditions at the Lely Site require re-engineering of the footing design. The following is a summary of the proposed fees followed by the actual proposals: Harvard Jolly Scharfe and Associates TWK $31,750.00 $ 6,000.00 $54,000.00 $91,750.00 Total Please feel free to call regarding any questions or concerns you may have regarding this proposal. Jeffrey Executi HARVA HARVARD JOLLY Agenda Item NO.1 OH September 13, 2005 Page 6 of 13 Architecture Harvard Jolly Inc. Interior Design Proposed Fee Breakdown For Site Addapting The Collier ESC Planning Programming Landscape Design New Site Layout Program Management Task Hours Rate Total BOARD OF DIRECTORS Principal R, John Clees. AlA Jeffrey E. Cobble. AlA Design 16 $ 150.00 $ 2,400.00 Ward J. Friszolowski, AlA Meetings 12 $ 150.00 $ 1,800.00 Michael K. Hart, AlA William B. Harvard. Jr.. AlA Presentations 12 $ 150.00 $ 1,800.00 Sle\lOn M. Heiser. AlA Roneld N. Lang. AlA Project Manager James A Shawhan, ALA Blanchard E. Jolly, Emeritus Design 40 $ 100.00 $ 4,000.00 Meetings 24 $ 100.00 $ 2,400.00 Presentations 12 $ 100.00 $ 1,200.00 Architect Production 40 $ 70.00 $ 2,800.00 CADD1 Production 120 $ 55.00 $ 6,600,00 Clearical Production 4 $ 35.00 $ 140.00 $ 23,140.00 Agency Reviews of New Site Principal Meetings 16 $ 150.00 $ 2,400.00 Project Manager Meetings 20 $ '100.00 $ 2,000.00 Responses 40 $ 100.00 $ 4,000.00 Clerical Responses 6 $ 35.00 $ 210.00 $ 8,610.00 TOTAL $ 31,750.00 2714 Dr ML King Jr St N St. Pe1ersburg, FL 33704 727-896-4611 www.HarvardJolly.com AACOO0119 Agenda Item NO.1 OH September 13, 2005 Page 7 of 13 From: To: Date: Subject: "Marvin Scharf' <mscharf@scharfassociates.com> "'JEFF COBBLE'" <j.cobble@harvardjolly.com> 8/22/05 5:35PM 2205-COLLlER COUNTY EMERGENCY SERVICES COMPLEX-LEL Y SITE Jeff, As requested, we propose to assist in the site adaptation of the Collier ESC, if the Board approves this change at the September 13th meeting. We estimate that we will be working with Harvard Jolly and TKW in the planning phase, reviewing and providing our expertise, as well as attending design team and Community Development Department meetings, as well as using agency meetings. We estimate that these tasks will require 40 hours of effort. At the approved hourly rate of $150, the fixed fee will be $6,000. for this additional service. Please note that this fee is based on the fact that the building configuration is not to change from the present design. Marvin Scharf, AlA, NCARB President Scharf & Associates, Incorporated 954-566-2700 Phone 954-566-2770 Fax Rug 24 2005 3:37PM TKW CONSULTING ENG 239-278-0922 p.l Agenda Item NO.1 OH September 13,2005 Page 8 of 13 . cIvil . str.~IDr.1 August 24, 2005 Mr. Jeffrey E. Cobble, AIA Harvard Jolly Clees Toppe Architects, P.A. 2714 9th Street, North St. Petersburg, FL 33704 RE: Professional Services Proposal for Collier County Emergency Services Complex TKW Job Number 05719.00 Dear Mr. Cobble: TKW Consulting Engineers, Inc. (TKW) is pleased to submit the following proposal to provide Professional Services for Collier County Emergency Services Complex. It is our understanding that the complex will be located within a 20 acre parcel of land located along the north side of Lely Cultural Parkway one half mile west of Collier Boulevard in Collier County, Florida. _______ The following assumptions are made in preparing the following scope of services: · All improvements to Lely Cultural Parkway or any other surrounding public road prompted by this project will be limited to turn lane improvements only. Additional roadway improvements that may be required are to be performed as an additional service. · The COUNTY will be designing and permitting a library within the 20 ncre parcel in conjunction with the Emergency Services Complex project. The library portion of the project is to be performed by separate proposal. However, both projects will be included in the design documents for pennitting. · The existing land use entitlements are in place for a Site Development Plan (SDP) approval from Collier County. · . All applicable pennit application fees shaU be paid by the OWNER. · COE and SFWMD upland/wetland lines are valid and no jurisdictional determinations are required. · No wetland impacts are proposed by the proposed project. Our scope of service will be as follows: Task 1 Survey Services Prepare a signed, sealed and certified boundary I topographic survey that meets or exceeds the sunrey requirements of the state of Florida. The fee for Task I is $6,250.00. Task n Engineerine Services (a) Traffic Impact Statement Prepare a Traffic Impact Statement (TIS) as required for the CDP submittal meeting the requirements of the collier county Land Development Code. The fee for Task n(a) is $2,750.00. Rug 24 2005 3:37PM TKW CONSULTING ENG 23S-27S-0S22 p.2 Agenda Item NO.1 OH September 13, 2005 Page 9 of 13 Mr. Jeffrey E. Cobble, AIA Harvard Jolly Clees Tappe Architects, P.A. August 24, 2005 Page 2 -r<<~ . In,IIOlllllllal' civil' HrlCllr.' (b) Engineering Design & Improvement Plans TKW shall prepare engineering layout and design calculations for on-site improvements. Specifically, the design will include paving and grading, design potable water service connections, sanitary sewer service connections, and a storm water management system. TIle stonnwater management plan design will be coordinated 'With tbe environmental consultant due to existing wetlands located on site and anticipated wetland impacts. TIle fee forTnskII(b) is $18,000.00. Task ill Environmental Science Services (a) Prepare South Florida Water Management District (SFWMD) Standard General Environmental Resource Pennit (ERP) application, supplemental documentation and coordinate with district staff in support of application through SFWMD. (b) Prepare Collier County Envrronmental Impact Statement (EIS) to be submitted with Site ---Bcvdvpmvut Plan application. ProVlde'cool'din-ation With county stafr-and respond to county review comments in support of application. (c) Prepare and submit U.S. AnnyCorps of Engineers (COE) No Permit Required Request , The fee for Task III is $12,500.00. Task N Landscape Architectural Design Services TKW shall retain the services of a Landscape .t\rchitect for preparation of the required code minimum landscape/irrigation plans. The Landscape Architect shall provide the following services: · Prepare landscape/planting plans for the entire project site in compliance with the OWNER's program and budget. The landscape/irrigation plans will incorporate a "Smart Landscape" which enhances the facilities with an emphasis on low maintenance. . Design an automatic irrigation system that will provide all plant material with suitable levels of supplemental water. The system will be designed in compliance with Xeriscape principles and will provide flexibility to allow both plant establishments, as well as, sustain the plant material. · Prepare and submit the SFWMD Water Use Permit Application on the OWNER's behalf. The OWNER shall pay application fees. · Perform two (2) intermediate site inspections, as well as, a fmal site inspection to determine if work is being completed in accordance with the intent of the design. Should the OWNER request a more enhanced landscape plan TKW will provide you with a separate proposal for that specific service. ~ ~ =-:;,- == ~ ~ :== c::::::E:S ==== ~ =-= ::::z:=: ~ = =-= =: = =--= The fee for Task N is $3.250.00. Task V Permitting Services TKW sball prepare and submit permit applications to the applicable agencies for construction and operation approval of the site improvements; prepare for and attend meetings and agency presentations during the sufficiency review process; and provide additional infonnatlon and modifications to the permit application, as required by the agenc)' and/or the client. The scope and Au~ 24 2005 3:37PM TKW CONSULTING ENG 239-278-0922 p.3 Agenda Item NO.1 OH September 13, 2005 Page 10 of 13 Mr. Jeffrey B. Cobble, AlA Harvard Jolly Clees Toppe Architects, P.A. August 24, 2005 Page 3 --r<<~ ., I..lran.eatel . tllll . IUUIUrI' associated fees are based on up to three (3) sufficiency responses. The OWNER shall pay application fees. TKW shall prepare and submit the following site related permit applications of the OWNER's behalf: · SFWMD ERP Pennit Modification · FDEP Sanitary Sewer Collection System Permit · FDEP Potable Water Line Extension Permit · Collier County site Development Plan (SOP) · NPDES The fee for Task V is $5,000.00. Task VI Construction Services Construction Services shall include the attendance to a pre-bib meeting, attendance to a pre- construction meeting, response to bidder's questions, and response to Contractor's Request for Information (RFI) during construction, review shop drawings relative to the project for generaL_n__ compl1am:e WIth the mtent of theaesfgn. In addition, we will provide construction observation to determine if work is being completed in accordance with the drawings and final certifications for site aspects only. We have included site visits, as required for adequate observation of site construction including underground utilities and sewer construction. Task VII The fee for Task VI is $4.000.00. Final Pennit Certifications Prepare Record Drawings for certification of site improvements by utilizing contractor supplies "As-Built" drawings. Prepare a final punch list for site improvements based upcm site observations made during the course of construction. Prepare and submit Certificate of Substantial Completion to the applicable government agencies. The fee for Task VII is $2,250.00. Professional Service Fees The Iwnp sum fee is $54,000.00 (as detailed below). Any additional work authorized by yotl or requested revisions after the completion of the construction documents will be billed at our currently hourly rates in addition to the lump sum fee quoted above. c:::.......:;;: ~ c:=--:=:f = : . : ==-==: ~ :::::z=:= ----..... .-c:--= 'z:::: ==:::J -= ~ :::::lIIl:::: = c::::...-=> Task I Task Il(a) Task II(b) Task III Task N Task V Task VI Task vn Survey Services Traffic Impact Statement Engineering Design &, Improvement Plans Environmental Services Landscape Architectural Design Services Permitting Services Construction Services Final Pemut Certifications $6,250.00 $2,750.00 $18,000.00 $12,500.00 $3.250.00 $5,000.00 $4,000.00 $2,250.00 Services covered by this agreement will be performed in accordance with the PROVISIONS. GEl\ERAL CONDITIONS stated on the reverse side of this proposal and any attachments or schedules. This agreement supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. Ru~ 24 2005 3:37PM TKW CONSULTING ENG 23S-278-0S2A~enda Item No. 10H 4 September 13, 2005 Page 11 of 13 1.1r. Jeffrey E. Cobble, AlA Harvard Jolly Clees Toppe Architects, P.A. August 24, 2005 Page 4 ~~ III . ...lronll..181 . !:Ivll . SU.ClUB. Services specifically excluded are: rezoning sc::rvices, survey services, structural engineering related services, traffic signalization design, geotechnical services, engineering services which are nonnally provided by specialty engineers, and architectural design/detailing responsibilities. Additional fees will be negotiated if such additional service is required. , Should you have any questions regarding this proposal or any other engineering aspects, please feel free to contact me. If the terms of this contract are acceptable, please sign below and we ,,,ill begin immediately. 'Ibis contract will expire if not approved within ninety days from the preparation date. Sincerely, TKW CONSULTING ENGINEERS, INC. fJ-JJ flL~. Daniel P:Tonnson;PI~~-- Civil Engineering Manager DPJ/abb Enc1osW'es: Current hourly rates, Provisions-General Conditions The terms and conditions of this proposal including the terms on the attached General Conditions are accepted: Approved by CLIENT Accepted for TKW Consulting Engineers, Inc. Signed: Signed Name: Name: Title : Title: Date: Date: Please sign both originals and n:tum to our office. We will then execute and return one original 10 your office. Thank you. =--=:::! ===== c::.--=:5 c:::::.= ~ ----.. ==-== c::::::c::::; ~ ~ =-= :::::::z=::: r--: = =--= = = =--= CHANGE ORDER CHANGE ORDER NO.5 RFP #03-3448 TO: Jeffrey E. Cobble, AlA, Executive Vice President Harvard Jolly Clees Tappe Architects, P.A., AlA 2714 DR ML King Jr St N S1. Petersburg, FL 33704 DATE: August 30,2005 PROJECT NAME: Collier County Emergency Service Center Under our AGREEMENT dated 6/1 0/2003 Agenda Item NO.1 OH September 13, 2005 Page 12 of 13 1 PROJECT NO.: 52160 Agenda Item NO.1 OH September 13, 2005 Page 13 of 13 2 CHANGE ORDER NO.5 PAGE 2 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Site adapt ESe to the anticipated Lelv site. For the increased sum of $ 91,750.00 Original Agreement Amount $ 1,859,000.00 Sum of Previous Changes: $ 236,547.50 This Change Order (Increase) $ 91,750.00 Present Agreement Amount $ 2,187,297.50 The time for completion shall be (increased / decreased) by N/ A calendar days due to this Change Order. Accordingly, the Contract Time is now 720 calendar days. The substantial completion date is N/ A and the final completion date is N/A. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment if any, to the Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: 2005 OWNER: Board of County Commissioners of Collier County Florida ARCHITECTS: Harvard Jolly Clees Toppe Architects, P.A. AlA BY: Skip Camp Director, Department of Facilities Management Agenda Item NO.1 01 September 13, 2005 Page 1 of 6 EXECUTIVE SUMMARY Discussion of possible solutions to resolve a code violation against Wesley Ceeley for clearing land on Richards Street without proper permits. OBJECTIVE: To seek Board direction on a resolution to a code violation case against Wesley Ceeley. Mr. Ceeley's property was partially cleared without a permit and this case has been on hold since it was first heard as a public petition at the June 14, 2005 Board of County Commissioners (BCe) meeting. CONSIDERATION: This item was discussed as a petition requested by the property owner, Wesley Ceeley, at the June 14, 2005 BCC meeting and was voted to be brought back for consideration. A code enforcement violation was brought against the property owner due to an estimated clearing of 1.5 acres without a permit (see attached pictures and an aerial of the area). The violation was based on vegetation removal of canopy, midstory and understory and that no County permits were obtained. The ground was altered from machinery that was used to remove the vegetation. Code enforcement personnel responding to a complaint of clearing on three properties on Richards Street noted the damage and brought forward the violation against the property owner since, even though the Code Enforcement personnel believed Mr. Ceeley didn't have anything to do with the clearing, as the property owner, he is responsible for the damage. As was discussed at the June 14th meeting, Mr. Cee1ey claims that he did not do the clearing and that it was possibly the County's road contractor (working across Richards Street) or another County contractor working nearby that cleared the land. The County's contractor has previously stated that they did not clear the land and that the clearing that was done was not consistent with the way that they do it. In addition, the Contractor pointed out that they would not clear more area than the contract called for since they would not be paid for it. The estimated cost to repair the damage and return the property to previous condition is $25,000 to 35,000. As was stated at the June 14th BCC meeting, it appears that we are not going to be able to determine who is responsible for the clearing. None of the neighbors contacted were able to provide any information as to who cleared the land or when it was done. At this point, the Board's options are to have Mr. Cee1ey: 1) Apply for and obtain a Building Permit within 60 days; 2) Submit a mitigation plan in accordance with Ordinance 04-41, as amended, section 1O.02.06(E)(3) essentially restoring the vegetation removed; 3) Make a donation of land or funds; 4) Make a claim against the County's contractor if he believes that they are responsible for the damage, or 5) Finally the last option is that the Board dismiss the code violation. FISCAL IMPACT: There is no fiscal impact to the County. ,,-.,.., GROWTH MANAGEMENT: These proposed actions are consistent with the Growth Management Plan. Agenda Item NO.1 01 September 13, 2005 Page 2 of 6 RECOMMENDA TION: Based on the lack of evidence and the Code Enforcement personnel's opinion that Mr. Ceeley probably did not clear the land, staff recommends dismissing the code violation, but acknowledging that the land clearing was not consistent with the contention that the road contractor cleared this property. Prepared By: Donald L. Scott, Director, Transportation Planning Attachment: 3 Aerial Photos ,- 2 Item Number: Item Summary: Meeting Date: Agenda I:em No. 101 SepternlJer13,2005 Page :1 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 101 Discussion of pos~.ibl(; solutions to resol\l€' s code violation against Wesley Ceeley for ci~arillg land em Rlcl13rds Street without proper permits (Norman Feder. Adllllllislralor, Transportalion Services) 9/13/20059:00:00 AM On. Approved B)"' Norm E. Feder, AICP Transportation Service&: Tran~portiltion Division Administrator Transportation Services Admin. 9161200510;34 AM Dato Af)proved By Joseph K. Schmitt Community Oltli8Lopment & Environmental Services CommunIty DC\lctopmcnt & Environmental Services Adminstrator Community Development & En\lirollmental Services Admin. 916/20051:07 PM Dot. Approved By OMS Coordinator County Manager's OffielD AdministraU\le AssiSlotant Office of Management & Budget 9,1(1/2005 1 :27 PM Dot. Approved OJ Mark lsackfion County Manager" OfflOIil Budget Analyst OfficI;' of Manage~nt & Budget 916120054:59 PM Dot. Approved By MlchacJ SmykoW'ki County Manager's Office Management & BUdget Director Ofrice of Management & Budget 916/20D5 5:08 PM Dare ApllrO\'ed By James V. Mudd Board of County COll1missionel1l: County Manager County Manager's Office 916/20055:46 PM -"'<<> 00_ ......0::: ON-q- ZMUJ ,...~ ::n ~~6: evE "'" c:- ",0, cr:,1l) <(if! ..... 0 on g ::::> 0 ::::> I C:' " 0- 01) '" c... . ~ ci. * '" 0. 0 o\i . CtJ ~ ;';: e g g U H iZl Cl E ~ ~ . .' ,f'g rn. ....l ~"" *15 j!, R~ <3 Q. .~ ~'~ 0 o\i H II 85 ~ ,!::.~ ~~ X 0- ~E '" " i f .;:: ~ 0: -~ c .3 0. . ~ 8 15 " Ii " 0 ~ E t: " 0 u ~ ...; ~ 1,j '0;; " 0. i" 0. 1{ ~ ~ ~ ~ f '0 .3 0 ,,; 0. 0 0. '" <; '" :2: 0 ~ ~ ~ t 0 -.,.,'" ~gc 6NI.!) Z(""jw ~ ~ 0> ~~~ '" E 'OQ) ;r,a. o:;ID <(Cf! or) :::> ~ :::> '- S 0 ! 3; OJ ,. ~. OJ) t '" u C. P- c) '" 0. f?) o(j ] " f.U f.l 0.. <( h u C/l gJ 0 ~ li. -l .~-~ ~ :Il. K " .g Il~ 0 ill! o(j li II ~ .! ". .~~ >< ft ~Jl '" ., .~ i a 0. ;r f a 8 0. ~ . ..0 :3 OJ Jl :t -" S ~ 0 ~ ~ & j .~ c.. f 0. l'l Ii: ~ ". '0 J <J ui ~ ;r ;r a "" ::E ~ ~ C "t: .. P- -on", co..... -00 ONce ZM:1J ~_ 0> C ~ :t1 ~1;o. C\l E vel> e_ el>"- oeel> ",-if) Of) :::> .~ l ~ ~ .~ :::> '- ~~ C , . ' .) ~ 1:. l ~~ .E 6\ 0 I ,. on ~'r' I l' :-(1 ., '''-~Il' .~" J i ci. Q., t..L._. I \_. 1..-' C\l ~ c.. ~')'I G Od ~ :1 !.LI Q., ~ < ~.g U (/') 'i H a z --1 . ~,~ < -l g>,~ J!, ~ ' ]0 '" , " t Q.~ '", B. 0 ' . ~'~ Od '1 . I. E E n ..... ' \~.\ i:!1 ~ 8s .j4,'-.~""'''~-=--._, !!.'~ >< L .~:: ~ i~ "1 '" .~ -..- I c.. c.. d: " a ~ P.. " 0 a . .0 ;5 " ::: ~ <:i .. 0 ~ 0 j ~ u " (.) '" ~ .i) 'e t ,-0 c.. t c.. U 1: d: ~ ;< / '0 ~ Q '" l./ ,,; c. .Ii C\l c.. II 'f:;~ ,~ ., ::E ~ i:i. .g t:: g .o:l Q., ",' Agenda Item No. 10J September 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to award bid number 05-3866 to Douglas N. Higgins, Inc. in the amount of $1,114,560.00 and allocate an additional $111,440.00 in contingencies for construction of the US 41 Water Main from Collier Boulevard (CR 951) to Manatee Road, and to approve the necessary budget amendment, Project 70153. OBJECTIVE: For the Board to award a contract for construction ofa continuation of the US 41 Water Main that will connect to existing mains at Collier Boulevard and Manatee Road. The public pwpose is to provide additional water quantity and pressure for customers east of CR 951 in the vicinity of US 41 and to supply water to existing and proposed water storage facilities on Manatee Road. CONSIDERATIONS: The scope of work includes the construction of approximately 8,000 feet of 16-inch water main along US 41 from east of CR 951 to Manatee Road. This project is consistent with the 2003 Water Master Plan Update that was approved by the Board on May 25, 2004, Agenda Item 10 (D). The Board approved a contract for design of this project on December 16, 2003, Agenda Item 16 (C) 19. On July 1,2005, the project was advertised for bids and one hundred forty notices were sent. Prospective bidders purchased six sets of bidding documents and on August 8, 2005, 2 bids were received for the project as follows: Company Douglas N. Higgins, Inc. Mitchell & Stark Construction Company, Inc. Bid $1,114,560.00 $1,442,650.00 The engineer's estimate for the project was $1,435,000. Douglas N. Higgins, Inc. was the lowest, responsive bidder and they have a satisfactory performance record on previous projects involving similar work. In consideration of this, staff recommends award of this bid to Douglas N. Higgins, Inc. Staff also recommends a contingency of $111 ,440 to be used for any necessary changes up to ten percent of the contact amount. This contingency will only be used upon written approval of Staff and any amount in excess of $111,456 required for the contract will be brought before the Board for approval. The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary. FISCAL IMPACT: A total of$I,226,000.00 is needed for the bid amount of $1,114,560 plus a construction budget contingency of $111,440. Funds in the amount of $860,000 are available for the project from water impact fees (Fund 411) in the FY 2005 budget that was approved by the - Board on September 23, 2004. A budget amendment in the amount of $366,000 is needed to transfer the needed additional funds from water impact fee reserves to project 70153. ,- Executive Summary Award Bid Page 2 Agenda Item NO.1 OJ September 13, 2005 Page 2 of 5 GROWTH MANAGEMENT IMP ACT: The Project is consistent with, and furthers the goals, objectives and policies of, the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District: 1. Award and authorize the Chairman to execute a standard County contract, after County Attorney review, for construction of the US 41 Water Main from Collier Boulevard (CR 951) to Manatee Road in the amount of$1,ll4,560.00 to Douglas N. Higgins, Inc. 2. Allocate an additional $111,440.00 in contingencies for construction. 3. Approve the necessary budget amendment. PREPARED BY: Ronald F. Dillard, P.E., Senior Project Manager, Public Utilities Engineering Department. Item Number: Item Summary: Meeting Date: I\genda 11em No 10J September 13, 2005 Pa~ie ] of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10J Recommendahon 10 award bid num~HH 05-3866 to Doughnl N. Hif)gin~. inc. in ltle amount of $1,114,560.00 and allocate an additional $1 11 ,440.00 in contingencies fOI construction of the US 41 Water Main from Collier Boulevard (CR 951) 10 Manatee Road, and to approve the necessary budget amendment. Project 70153. (Jim Delony, Administrator, Public Ulillties} 9/13/2005 9:00:00 AM Dot. Appro\'cd By Thomas Wides Puhllc Utilities Operations Director Public Utiltti~ OperatIons 8,191200512:01 PM Dtrte Appro\'ed By WilHam D. Mullin. PE Public Utilitlf.'1l: Principal Project Mannger Public Utilities Engineering BI9/2005 3:08 PM Oat. Approved By Jack p, Curran Administrative Services Purchasing Agent Purchasing St9f200S 3:53 PM Date Appro1-'cd B)' Steve.> Carnell Administrlltive Services Purchasing'General SVC$ Dimctor Purchasing 8/10/20059:01 AM Date Approvcd By Paul Mattausch Public Utilities Water Director Wat"r 8/10'200510:30 AM Oat. Approvcd Dy Roy B. Anderson. P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engil1l!erinQ 8/1Z12005 6:25 AM Olilte Approved By James W. Delony PubliC Utilrt,e. 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Q U 1o?i ~ ,- ,- Agenda Item NO.1 OK September 13, 2005 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve the purchase of Right-of-Way Parcel No. 146, Temporary Construction Easement Parcel No. 746 and Perpetual, Non-exclusive Drainage Easement Parcel No. 846 which are required for the expansion of Collier Boulevard project 65061. Total fiscal impact: $1,363,392. OBJECTIVE: To approve a Purchase Agreement for the acquisition of a 0.92 acre parcel of right-of-way in fee simple, a 0.04 acre temporary construction easement, and a 5.09 acre drainage easement required for the construction of the six-Ianing improvements to Collier Boulevard (Project No. 65061). CONSIDERATIONS: The parent tract property, located between Indigo Lakes and Brittany Bay / Camden Cove on the west side of Collier Boulevard, contains 38.5 acres. The County's official written purchase offer for the right-of-way, the pond property and the temporary construction easement, dated May 5, 2005, was based upon the appraiser's estimate of value (at that time) of $225,000 per acre, for a total purchase price of $1,354,950. The offer was predicated upon the taking of the right-of-way and the land for the stormwater retention and treatment pond in fee simple, should condemnation be required in order to obtain the property. In the meantime, an agreement was proposed whereby the property owner would retain record title (the underlying fee estate) to the pond parcel, conveying instead a perpetual drainage easement to Collier County for the stormwater retention pond. This agreement allows the owner to retain the density attributable to the pond property, and reduces the purchase price to the County. The Purchase Agreement being presented for Board consideration requires the payment of $1,255,605 to the property owner, and the payment of $82,889.69 for attorney and expert fees, for a total of $1,338,494.69. This represents a savings of $16,456 under the County's last purchase offer, and an estimated savings of $164,000 under the appraiser's probable estimate of compensation for the September 2005 order of taking hearings. Furthermore, on top of the extra $164,000 payment to the owner in September, the County could have expected to pay another $48,700 in attorney fees (according to the statutory benefit formula) even if the final judgment never increased a penny from the County's deposit into the court registry. FISCAL IMPACT: Total expenses are $1,363,392 including all land, easements and severance damages, attorney and expert witness fees, title insurance, and recording costs, as well as the cost of the design and construction of the turn lane being constructed for the property owner as part of the Collier Boulevard project, which was deducted from the purchase price of the right-of-way. Source of funds will be gas tax and road impact fees. ,..~ Agenda Item NO.1 OK September 13, 2005 Page~of 16 GROWTH MANAGEMENT IMPACT: The Collier Boulevard Project 65061 is part of the County's Capital Improvement Element and is an integral part of Collier County's Growth Management Plan. RECOMMENDATIONS: Recommendation that the Board of County Commissioners of Collier County, Florida: 1. Approve the terms and conditions of the attached, unexecuted Draft Purchase Agreement and authorize its Chairman to execute on behalf of the Board the original Purchase Agreement, in substantially the same form, including all of the same terms and conditions relative to the purchase price and the obligations of the parties thereto, once it has been executed by the property owner and approved and signed by the County Attorney; 2. Accept the conveyance of the subject parcels, and authorize staff to close the transaction and record the conveyance instruments in the public records; and 3. Approve any budget amendments necessary to accomplish the collective will of the Board. Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager, TECM Right-of-Way Attachment: Draft Purchase Agreement Item Number. Item Summary: Meeting Date: Agenda !lem No lOK Septenlber 13, 2U05 Paw.) 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10K Rt:commendalion 10 Hpprove ttle purchase of Ripht.of..Way Parcel No 146, Temporary Construction Easement Pal'eel No. 746 and Perpetual, Non.excluslve Drainage Easement Parcel No. B46 whicl1 are required lor the ~xpanslon of Colllt:r Boulevard project 65061 Total fiscal Impact: $1.363.392. (Norman Feder, Adminrstrator, Transportation Services) 9112,120059:00:00 AM Dm. Prepared By Kevin Hendricks Transportation Services Right Of Way Acqui~itlon Manager Tranfiportation Engineering and Construction 81'23/200512:26;28 PM Dat. Approved By Kevin Hendricks Transportation Services Right Of Way Acquisltion Manager Tran5'iponation Engineering and Con.truclion 8/23/200512;27 PM Dnte Approved By Norm E. Feder. AICP Transportlrtlon Services Transportation Division Administrator Transportation Service!> Admin 8!23f2Q05 1:19 PM Date Approved By Golry Puta.ansuu Transportation Services Senlor Project Manager Transportation Engineering and ConRtruction B123f20051:J5PM Date Aflproved By Jay Ahmad Trnnsportation Services Director Transportation Enginef.!ring & Construction Management ar2312005 1:42 PM Date Appruved By Usn T nylor Transportation Services ManagementlBlldget Analyst Transportation Administration 8123/20052:49 PM Date Approved By Sharon Newman Trl\nsportAlion SerVices Accounting Supervisor Transportation Adminb;trntion U,l4!ZOOS 4:1t PM Date Approved By P 111 lehnhard Transportation Services Executive Secretary TransportatIon Services Admin 8/25120058:59 AM Oat. Appro,,'cd B~' OMS Coordinator County Manager's Office Admilllstrative Assistant Office of Management & Budget 8129/20059:28 AM Date Allproved B)-' Susan Usher County MD:nager's OffIce Senior ManagOtnCnllBlldgat Analyst Office of Man.age-~flt & Budget 8/JOf20Q510:!i2 AM Date Apllrll\lcd By Michael Smykowski County Manager'~ Office Managemont & Budget Director Office of Mt'lnngement & Budget 8f30/2005 12:25 PM Date Appro\'cd By J~mes V. Mudd Board of County Commissioners County Manager County M.lnnger's Office 91212'00512:37 PM Agenda Item No 10K September 13, 2005 Page 4 of 16 DRAFT PROJECT: Collier Boulevard PARCEL No(s): 146,746 & 846 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this _ day of , 2004, by and between All R. GHAHRAMANI, M.D. INVESTMENT LIMITED PARTNERSHIP, a Florida limited partnership, whose mailing address is 7223 Ayrshire Lane, Boca Raton, FL 33496 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser'). WHEREAS, Purchaser requires a Fee Estate in Parcel No. 146, a three (3) year Temporary Construction Easement across Parcel No. 746, and a Perpetual, Non- exclusive Drainage, Utility and Maintenance Easement over, under, upon and across Parcel No. 846 (for the construction of a stormwater detention and treatment pond, with rights to, landscape and irrigate around the perimeter of same and to install in the pond a lighted fountain for aesthetics and for aeration), all said Parcels (hereinafter collectively referred to as the "Property") described in Exhibit "A", which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; and WHEREAS, Owner has requested that Purchaser, during and as a part of the construction of the Collier Boulevard improvements, construct a right turn deceleration 'lane serving Owner's remaining lands, with the total turn lane length not less than 250 feet (including taper), with the turn lane serving a project entrance on Owner's lands, said entrance being centered at Station 190+00, according to the Collier Boulevard, Project No. 65061, Phase IV Bid Plans, dated July 2005, to which request Purchaser has agreed; and WHEREAS, Owner has requested that the cost of designing and constructing the above-referenced right turn deceleration lane ($19,426.00) shall be deducted from the compensation for the Property by Purchaser, to which request Purchaser has agreed; and WHEREAS, Owner has requested that Purchaser's Collier Boulevard (Project No. 65061) construction contractor include Owner as a named insured on contractor's general business liability insurance policy, and provide that the contractor shall indemnify Owner from all costs and damages arising out of contractor's negligent acts or omissions in the performance of its work on the Property, to which request Purchaser has agreed; and WHEREAS, Owner has requested the right to review Purchaser's landscape plans and to upgrade, at Owner's sole cost and expanse, any landscaping which Purchaser might propose within Parcel 846, to which request Purchaser has agreed; and WHEREAS, Owner requests the option to jointly use, and/or to relocate, modify and/or reconfigure the stormwater detention and treatment pond, subject to permit approvals from the South Florida Water Management District, the Collier County Development Services Division, and any other reviewing agencies, to which request Purchaser has agreed; and Purchase Agreement DRAFT Agenda Item No. 10K September 13, 2005 Page 5 of 16 Page 2 WHEREAS, the finished floor elevations for any habitable structures on Owner's remaining lands are calculated based upon the total area of impervious surfaces proposed for the site when compared to the pervious area of the overall project site, subjected to the .one hundred year rain event;" and WHEREAS, Purchaser's Engineering Services Department staff, Division of Community Development and Environment Services, has assured Owner that the existence of Purchaser's stormwater detention and treatment pond located within Parcel No. 846, constructed in accordance with the plans and specifications attached hereto as Exhibit "B," is not a relevant consideration in the determination of the finished floor elevations of any structures which may be proposed for construction on Owner's remaining lands; and WHEREAS, Owner has requested that Owner's rights and obligations created under this Agreement relative to the option to jointly use, and/or to relocate, modify and/or reconfigure the stormwater detention and treatment pond, and to maintain the sod and landscaping within Parcel No. 846 with more frequency than required by Purchaser's maintenance schedule, shall survive Closing and pass to Owner's successors in interest to Owner's remaining lands, to which request Purchaser has agreed; and NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of: $1.255.605.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 18 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. It is acknowledged and agreed by the parties that payment of the above-referenced sum reflects Purchaser's deduction of $19,426.00 to cover Purchaser's cost of the design and construction of a deceleration lane serving Owner's remaining lands. Furthermore, Purchaser shall make payment into the trust account of the law firm of Forman, Hanratty & Montgomery, in the amount of $82,889.69 to cover all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. It is mutually understood that the Property is being acquired under threat of condemnation. 3. Purchaser shall design and construct, a right turn deceleration lane serving a project entrance on Owner's remaining lands, said entrance being centered at Station 190+00 according to the Collier Boulevard Project No. 65061, Phase IV Bid Plans, dated July 2005, with the total lane length not less than 250 feet (including taper). Purchaser's construction of said turn lane shall not relieve Owner of any other obligations relative to access and safety at the time of the development of Owner's remaining lands. Purchaser's Transportation Division staff has assured Owner that as of the date of this agreement the turn lane described above meets or exceeds minimum design standards for a right turn Purchase Agreement DRAFT Aaenda Item No. 10K September 13, 2005 Page 6 of 16 Page 3 lane on a major arterial roadway serving a residential development consisting of as many as 273 dwelling l:Jnits. 4. No later than 60 days prior to awarding the contract for the eventual landscaping of the Collier Boulevard right-of-way corridor, between Golden Gate Boulevard and Immokalee Road, Purchaser shall provide Owner with any plans pertaining to landscaping proposed within Parcel No. 846. 5. Owner shall have 30 days from the receipt of said landscaping plans to propose additional and/or upgraded landscaping within Parcel No. 846. Any such additional and/or upgraded landscaping approved by Purchaser for planting within Parcel No. 846 shall be at Owner's sole cost and expense. 6. Purchaser shall present Owner with an estimate of the cost of the additional and/or upgraded landscaping within 15 days of receipt of the upgrade proposal from Owner. 7. Owner shall have 15 days from the receipt of the Purchaser's estimate of the cost of the upgrade proposal to make payment to Purchaser in an amount equal to the cost estimate plus twenty percent (20%). Purchaser shall have sixty (60) days from the date of final payment to the landscaping contractor for the Collier Boulevard project to refund to Owner the difference between the actual cost of the additional and/or upgraded landscaping and Owner's payment for same, in the event that Owner's payment exceeds the actual cost. If actual landscaping costs exceed the payment made by Owner, Purchaser shall invoice Owner for the difference in cost, and Owner shall make payment to Purchaser for the difference in cost within 30 days of receipt of invoice from Purchaser. 8. Upon obtaining a surface water management permit from the SFWMD covering both Parcel No. 846 and the Parent Tract, Owner may jointly use, relocate, modify and/or reconfigure the stormwater detention and treatment pond on Owner's remaining lands provided that both during and after the relocation, modification and/or reconfiguration, the pond's acceptance of stormwater discharge from Collier Boulevard shall be continuous and uninterrupted, and if so constructed, Owner shall grant to Purchaser, within 60 days of receipt of the permit for construction, at no charge, free and clear of all encumbrances, a revised Perpetual, Non-exclusive Drainage and Utility Easement, without responsibility for maintenance, to reflect the new location, modification and/or reconfiguration of the pond, which easement shall be of sufficient size to provide for access and maintenance around the perimeter of the pond. The Owner will also convey to the Purchaser, in a recordable form, free and clear of all encumbrances, a permanent easement for access and maintenance purposes connecting the stormwater discharge structure No. S- 508 located at Station No. 191 +78 (left) on the Collier Boulevard Project No. 65061, Phase IV Bid Plans, dated July 2005, to the relocated, modified and/or reconfigured stormwater detention and treatment pond on Owner's remaining lands. In return, Purchaser will convey back to the Owner any portion of Parcel No. 846 that is not contained in the revised drainage and utility easement. 9. Owner shall have sole discretion over the location and configuration of the stormwater detention and treatment pond as long as it does not affect the intended function of the pond and meets the conditions of the County's Environmental Resource Permit for the Collier Boulevard six-Ianing project. Owner will not discharge into the pond unless approved as part of Owner's surface water management permit. It is the parties' intent that the Owner may relocate, modify and/or reconfigure the pond to be constructed by Purchaser within Parcel No. 846, by constructing a discharge conveyance system from the point of Collier Blvd. stormwater discharge (see paragraph no. 8 above) to Purchase Agreement DR AFT Agenda Item No, 10K September 13, 2005 Page 7 of 16 Page 4 the relocated, modified and/or reconfigured Parcel 846, whether via underground pipe or via open swale, and if so replaced, the Purchaser will have such rights of access from the location of the Collier Blvd. stormwater discharge structure to the future stormwater detention and treatment pond as are necessary to ensure the stormwater detention and treatment pond's ability to accept and to treat the Collier Boulevard stormwater discharge, and to maintain the stormwater conveyance system, irrespective of whether Owner has assumed maintenance responsibilities per this provision. 10. Upon the relocation, modification and/or reconfiguration of the pond, Owner shall take such reasonable steps as are necessary to prevent errant stormwater discharge into any location not permitted for such purposes, including but not limited to removing drainage structures no longer required due to relocation, modification and/or reconfiguration of the pond and/or capping any pipes to which the said drainage structure was attached. 11. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Prior to the Closing, Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents"): (a) Warranty Deed (for Parcel No. 146); (b) Temporary Construction Easement (for Parcel No. 746); (c) Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement (for Parcel No. 846); (d) Closing Statement; (e) "Gap", Tax Proration, Owner's and Non-Foreign Affidavit; (f) W-9 Form; and (g) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 12. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 13. Purchaser shall pay all fees to record any curative instruments required to clear title, all conveyance instrument recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. Purchase Agreement DRAFT Aaenda Item No, 10K September 13,2005 Page 8 of 16 Page 5 14. All ad valorem real estate taxes due on Parcel No. 146 during Owner's term of possession, and all maintenance charges and assessments due from Owner, for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. Ad valorem taxes next due and payable after closing on the Property, shall be prorated at Closing based upon the current year's tax applicable to Parcel No. 146, with due allowance made for maximum allowable discount, homestead and any other applicable exemptions, and paid by Owner. If Closing occurs at a date when the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 15. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 16. Purchaser shall be entitled to full possession of the Property at Closing. 17, Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 18. Owner and Purchaser represent and warrant the following: (a) Owner and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. (b) Owner has full right, power and authority to own and operate the Property and to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. (c) Purchaser's acceptance of the warranty deed and/or the easements constituting said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of either party to be performed pursuant to the provisions of this Agreement. (d) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (e) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. (f) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. (g) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which Purchase Agreement DRAFT Agenda Item No, 10K September 13, 2005 Page 9 of 16 Page 6 affect the Property or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (h) Owner acknowledges and agrees that Purchaser is entering into this Agreement based upon Owner's representations stated above and on the understanding that Owner will not cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the physical condition of the Property or the governmental ordinances or laws governing same. 19. Owner represents to the best of its knowledge and belief that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 20. Purchaser shall require the construction contractor for the improvements to Collier Boulevard (Project No. 65061) to include Owner as a named insured on Contractor's general business liability insurance policy, as well as indemnify Owner from all costs and damages arising out of contractor's negligent acts or omissions in the performance of its work on the Property. 21. Owner shall not be required to establish a higher finished floor elevation for structures on Owner's remaining lands due to Purchaser's construction of the pond within Parcel No. 846, than would otherwise be required without the existence of the pond within Parcel No. 846. 22. As long as the pond is located solely within Parcel No. 846, Purchaser shall have sole responsibility for the maintenance of the waters, the littoral shelf and the banks around the pond, and Purchaser shall assume basic responsibility for the maintenance of the sod and the landscaping, and the irrigation system (if any) outside the pond within the area of Parcel No. 846 to such maintenance standards and in accordance with such maintenance schedule as Purchaser deems adequate. Should Owner exercise its option to jointly use, relocate, modify and/or reconfigure the stormwater detention and treatment pond, all responsibility for maintenance of the pond and the lands surrounding the pond shall thereafter become the sole responsibility of Owner, provided, however, that Purchaser may exercise such maintenance within the pond itself, wherever it may be located, to ensure its continued function as a stormwater detention and treatment facility for Collier Boulevard stormwater discharge. 23. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. Purchase Agreement DRAFT Agenda Item No 10K September 13, 2005 Page 10 of 16 Page 7 24. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 25. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification or amendment of this Agreement shall be of any force of effect unless made in writing and executed and dated by both Owner and Purchaser time is of the essence of this Agreement. 26. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall continue to apply and not be affected by such invalidity. 27. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of , 2005. Property acquisition approved by BCC pursuant to Resolution No. 2003-372 dated 10/28/03, BCC agenda Item no. 16B5. AS TO PURCHASER: DATED: ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: Fred W. Coyle, Chairman Purchase Agreement AS TO OWNER: DATED: Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney DRAFT Agenda Item No, 10K September 13. 2005 Page11of16 Page 8 All R. GHAHRAMINI, M.D. INVESTMENT LIMITED PARTNERSHIP, a Florida limited partnership By: Title: @?J INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 r 10' U.E. Trcc:,t "A" IND1Gd LAKES DRIVE AU R. GHAHRAMANI. M.D. O.R. BOOK 1422, PAGE 1906 ..- r-- 1.0 Ncrth line of North 1/2 of North 1/2 of South 1/2 of Southeast 1/4 PARCEL 146 Or') r') 'in ..- N o z AU R. GHAHRAMANI, M.D. O.R. BOOK 1422, PAGE 1906 10' B.E. & P.U.E. L10, S.U.E. 5' 20' B.E. CAMDEN COVE PLAT BOOK 39, PAGES 24-25 10' P.U.E. Vl W ~ ~[L . 0 0 pu~~ ~Z I ()W~.q- COON .=~g u 5 [L REVISED: August 9, 2004 REVISED: August 4, 2004 'Ro.IECT NO. 65061 PARCEL NO. , 146 POB ,-... ...-t LO 0) ~ U -- ...-tl:l= LOO O)D:: ~g O...-t ~ ~ Z ::> o t.) Wil.Millei~'R~~~ """"" 6....._ EOO/oflI'" SlnoyoB.",-_ ~~ WilsonMillBr, loe. -,.,_._-- J2IlI_tn.,.... "'FbilfI)lI~..FI'IoIw~ 1c2J9..6iU1W ........._.......__ olGr 24. 2Q04. - 13,oe:44 IoIVMURElX:\SUR\N601~\Il~lodl00.dwg ~ \ ~ ~ U EX~~ + Page ....L- FEE SIMPlE INTEREST N '.- I I 25 DO 100 200 GRAPHIC SCALE NOTES: ...-t LO 0) ~ U 1. This is not 0 survey. 2. Bcsis of bearing is the West line of County Rood 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. B. O.R. represents Official Records. 9. LB.E. represents Landscape Buffer Easement. 10. U.E. represents utility Easement. 11. B.E. represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: I I \ A portion of Section 27. Township 48 South, Range 26 East. COllier County, Florida, also being 0 portion of those lands described in O.R. Book 1422. Page 1906 of the Official 'Records of Collier County, Florida: being more particularly described as follows: Beginning at the Southeast comer of Tract '0-1" os shown on Indigo Lekes Unit One, os recorded in Plot Book 34. Pages 76-84 of the Public Records of Collier County, Florida; thence South 02'15'33" East, along the West right-of-way line of County Rood 951 (C.R. 951). for 0 distance of 671.55 feet, to the Northeast corner of Tract "0", Camden Cove os recorded in Plot Book 39, Pages 24-25 of the Public Records of Collier County, Florida; thence North 89'55'47" West, along the North line of said Tract "0", for 0 distance of 60.05 feet; thence North 02'15'33" West, along 0 line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Rood 951 (C.R. 951), for 0 distance of 671.55 feet, to 0 point on the south line of Trect "0-1" os shown on Indigo Lakes Unit One: thence South 89'56'00" East, along said South line for 0 distance of 60.05 feet to the POINT OF BEGINNING. I I \ Containing 40292.98 sq. feet or 0.92 oc'V, more or less. CUM: r 1;1'~.,'~'~,::J~r ;WAY-,~., ,"", ,". , P. : (FOR,Tt1EPIRM)'. NO.5.~3{ . ",' ;:~.~ !f -q-~ .<'~, : (DATt St~~E~)'~. \, NOT VALID wm-iouT TH~'SiGNAT0'~E 'AN6, ~'H; ORGINAL RAISED SEAL OF A FLORIDALlC'ENSED SURVEYOR AND MAPPER. ' CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION 'IlTLE: SKETCH & DESCRIPTION ""'" 07 /200~ ALE NO. 2L-812 PROJECT NO.:. N6015-ODS-OOO INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 __r~ = _ t- O "'C ~ r"'\ POC Trect "A" INDIGO LAKES DRIVE 10' L.B.E. I en f-- o <C. ~ l.O to. to I'") I'") w -,.., t") i.n N o VJ All R. GHAHRAMANI, M.D. D.R. BOOK 1422, PAGE 1906 POS North line of the North 1/2 of North 1/2 of L24 South 1/2 of Southeast 1/4 PARCEL 746 m co .j. I'") I'") ~ o ~ ;: w o o ...-i n t') 'll) ~ ll) .---. ...-i l!':l O'l All R. GHAHRAMANI, M.D. ~ O.R. BOOK 1422, PAGE 0 1906 Z ...... N o VJ ~ U ........ ~ o ~ ~ Z ';:> o u & P.U.E. L23 S.U.E. ...-i I.C) O'l 20' CAMDEN COVE PLAT BOOK 39, PAGES 24-25 10' P.U.El1 u f-- U <C ~ Vl W " ~~ . 0 . pu~~ ti~:.:::.\. COON .=~g u :s Il.. \ \ 1 \ II PROJECT NO" 65061 PARCfl NO, , 746 Wil.Millei-'~~- _. ......1!I:IioP* '-'-" ,"",*"",ArdlIIciIo .~_ ~hc:. -""~"'IIIII'~'::.=:''':''~~'=..n, ___ ""I 11. 2003 - 10:29:.38 KTHOMPsoIX:\SUR\N6015\9~1.d 1 oo.dwg 8 """ei: -'\ + Agenda Item No, 10K = -:f' if . September 13, 2005 ~ -- Page 13 of 16 .... (j. ~EASEMENT ~T1Ott 3 YEARS~~_AT i I ~ MMENCeMENTOF ~ .' '" \ 0 0 25 50 100 .... ~ GRAPHIC SCALE ~ LINE TABLE < LINE LENGTH u L23 5.00 ...-i ~4 ~oo l!':l O'l I 200 I ~, I or '" .... NOTES: 8 + ,., ~ ~ U 1. This Ie not a survey. 2. Basis of bearing Is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida Stote Plane Coordinotes NAO 83/90, Eost Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shawn hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represente Point of Beginning. 7. P.O.C. repreeents Point of Commencement. 8. O.R. represents Official Records. 9. L.8,E. represents Londscaps Buffer [aeement. 10. U.E. represente Utility Easement. 11. 8.L represents Buffer Easement. 12. P.U.E. represents Public UtIlity Easement. 13. S.U.E. represents Special Utility Easement. 8 + N ~ [5 + 0; .... DESCRIPTION: 8 + o '" .... A portion of Section 27, Township 48 South, Range 26 East, Collier County, Florida. also being 0 portion of those lands described in O.R. Book 1422, Page 1906 of the Official Records of Colller County, Florida: being more particularly described os follows: Commencing at the Southwest corner of Tract "0-1", as shown on Indigo Lokes Unit One, as recorded in the Plat Book 34, Pages 76-84 of the Public Records of Collier COUFlty, Florida: thence South 02'15'33" East, along a line 60.00 feet Westerly of and running parollel with the Westerly right-of-way line of County Road 951 (C.R. 951), for a distance of 336.66 feet to it's intersection with the North /lne of the North 1/2 of the North 1/2 of the South 1/2 of the Southeast 1/4 and the POINT OF BEGINNING: thence continue along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-woy line of County Road 951 (C.R. 951), South 02'15'33" East, for 0 distance of 334.89 feet, to a point on the North line of Camden Cove, as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida; thence North 89'55'47" West, olong said North line, for a distonce of 5.00 feet; thence North 02'15'33" West, for a distance of 334.90 feet, to 0 point on the North /lne of the North 1/2 of the North 1/2 of the South 1/2 of the Southeast 1/4: thence South 89'49'14" Eost, olong the North line of the North 1/2 of the North 1/2 of the South 1/2 of the Southeast 1/4, for a distance of 5.00 feet to the POINT OF BEGINNING, I 1\ 8 + III .... 8 + .... OJ .... I I ~ \ Containing 8 + :lJ .... (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKUCH 4& DESCRIPTION TFJiPORARY CONSTRUt::T1ON E:A.SEMENT CUENTt llTLE: !>>olE: . 07/2003 f"ILfNO.: 2L -812 PROJECT HQ.: N6015-005-o00 ,,-.... " Ano EXIBT ....L Pege~..a- SCHOOL BOARD OF COLLIER COUNTY O.R. BOOK 1579 PAGES 589-590 - ..r- 20' L.B.E. INDIGO LAKES UNIT ONE f- PLAT BOOK 34, PAGES () , r.. ElUAL. NCJH.e)CQ.1JINE 76-84 10' U E <: DhMtAOE MD UTLJ1Y ~....,. r" g: . p 10' LB.E. Tract "A" INDIGO LAKES' DRIVE SB9'S6'OO"E 620,S1' ,.'" :.. ,..:": :...,.....'....>~6B~ ~ .,....,:-:.: ..:.....:...:'.., '...'..:... .:....::..:~ ~ i~~ " , .~~C~" ......, ~ig ~ " ....... . .~. 'B46~.' ..',. ....ps .~ fA W. ".. ..., ...........,....~ m ::l8 , .AU',R."GHAHRAMANl~"M.D" ' . .......~' % It)" ',O~R;,eOO~,l"'22.'.PAG,t'.1~O.6..",',,~ !:; ~ ",," ""VJ ~go NB9'49 14 W 700.63 South line of the South 1/2 of South 1/2 of North 1/2 of Southeast 1/4 AU R. GHAHRAMANI, M.D. O.R. BOOK 1422, PAGE 1906 DESCRIPTION: A portion of Section 27, Township 48 South, Range 26 East, Collier County, Florida. also being 0 portion of those lands described in O.R. Book 1422, Page 1906 of the Official Records of Collier County, Florida; being more particularly described os follows: COMMENCING at the Southeast comer of Tract "0-1, os shown on Indigo Lakes Unit One, os recorded in Plot Book 34, Poges 76-84 of the Public records of Collier County. Florida; thence North 89'56'00" West along the south line of said Tract 0-1 for a distance of 60.05 feet to the POINT OF BEGINNING; thence South 02'15'33" East, along a line 60.00 feet westerly of and parallel with the West right-of-way line of County Rood 951 (C.R. 951). for 0 distance of 336.66 feet. to a point on the South line of the South 1/2 of the South 1/2 of the North 1/2 of the Southeast 1/4; thence North 89'49'14" West. along the South line of the South 1/2 of South 1/2 of the North 1/2 of the Southeast 1/4, for 0 distance of 700.63 feet; thence North 11'17'18" East. for 0 distance of 341.53 feet; thence South 89' 56 'DO" East. along the North line of the South 1/2 of the South 1/2 of the North 1/2 of the Southeast 1/4. for a distance of 620.51 feet to the POINT OF BEGINNING. Containing 221764.31 sq. feet or 5.09 acres, more or less. 'j( -? - o'-{ (DATE SIGNED) NOT VALID WrTHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 ~""ECT NO" 65061 PARCEl. NO. : 846 Wil."ille,.w'._'.-N _ ~ E~ S<iMoyots'LBnds<:speolr:ro_ _~~ Wi/sonMl7ler. Inc. - ,...,.., - ,- - m8WtLa.SulI7>>NffJe$,Fbt1IJ.lj05-8W.""~ ;.239-543&16 ~1l'lnr.1IIlamIer,CUJf or 24. 2004 - 1J:aO:44 l,!LAI!URElX:\SUR\NB01S\IlShd10a.dwll D-1~ POC ~ ~ ~ t) ~ ti '-' .. 10 go ~ t) EXISTING WEST ROW LINE .. 10 ell ~ ~ II NOTES: 1, This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAO 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.D.B. represents Point of Beginning. 7. P.D.C. represents Point of Commencement. 8. D.R. represents Official Records. 9. L.S.E. represents Landscape Buffer Easement. 10. U. E. represents Utility Easement. ~ --r--- .... It I o !50 100 200 4DO GRAPHIC SCALE CUENT: COWER COUNTY DEPARTMENT OF TRANSPORTATION 'lll\.Ec SKITCH de DESCRIPTION DATE: 08/200<# F11.f' NO.: 2L-812 PROJECT NO.: N6015-005-000 ~I.(')<.D "Q. 0 ..- ':::>-- ~ 0 .-- ,'f)-~ E::: Q.) Q.)<lJ0) ::::.oro roEa... -oQ.) ffio. 0)<lJ <(/) EXHIBIT B Page J of ;L , _,,_, /".t,,,")':~"''''I'''''" ..,_-----~'--~~----- MIll 'js/X3 --.---------.~".. 1 m.J.S..6 ~~ ....L&:: ::t: . ~-~~ .....:::Ua; ~~~;: .... ..... ...:. oo:lU 11::-.1 V) ~lU ::: !!:~ --c~;;j .... I- ::i~ Lw ~I: . - Q _..;;j .... ..; ~2 Lw It: - a: ~ Qii~ ::::> l::l~~-Q I- ....QO. <..> <1:1 ....;;j ::::> ii'- a: ...~! <-> I- ~...- V)<-> -.J le~-: -.J a::;;;~ CD g ~.... - I- ~~~ .. ::::> :=.Il.'-: a 0 - ':~ ~~ "'0 6 ~l ~ i ~ ;II!~~ ~ "/i!~1oj WI!; illolj!" 1;. ..I 1Il~!~ '-~ ~~ e~ ~ 1:- iii! c"!!(t hiE.. ~i III ? ------= C 11.I II: C lI)~ 0'" zZ 011.I IL... S 11.I ~ $ 0 ... . . 11.I ;It I , ... " " 2~ ~I.(')(O 00..- '<"'"o~ .N 0 o '(0 Z""'..- ..- E.....<lJ Q.)<lJ0l _.oro -Ea... ro<lJ -0.... Co. Q.)<lJ !fUJ ~ ~ ~ ;: ~ ~ i;l~~ t~ IIfl:!li !~ ~~ ~I ~ ~ ~ :: ! ia ~~ II I oO I ~ i .. i ~ ~ ::! ! .. 'O! ~ j ~ il .!; .. ~ ~ '" '" ! ~~ oj :r; .. i, ~ ! ~ i ~ S ~ - III .... :e: :e: ~ .... :.3 III .... ~ ~ Il. >- ... Q :e: ~ ~ - .. !! ~ Sl ~~ i ! goO l ~ ~~ ~ Ii AI!! ! :~ { ~ :::II..I~ :a.lU '4 sQ:~ ~ o - ~~~ --~ ~ IL"':: ... :t: lJJ ~~~ ~ 0....:0: .~ as ...1It~ ;:: ~~ ~i;j a:: ~i:; ~ ~i;j 3: Q~' :lre~ Q Q ~...... 0 ~ 2.... <t ~..~ Q ::.l~~ ~ i6Q8 a ...._ Q. ~i:;~ "? ~-'VIi 0_ 0....- u ..... ~i;j ~i;j :t~ - ...~ ':~ o~ ~:t !~ V)Q 1lID_ ~~ "'... ...... ~"! "'0 11>:0: o '" ! . '" '" . ... '" o ~ ~ ! <> ... ~ ... ... '" o ... ! . ~ ~ '" . '" '" o ..; <> '" o o o .... on <> .... 0::-' +0 ... . -'" -! '" ... ... ... ... '" ~ o o ! o o ~ ~ '" ~ '" ~ ... ~ ... ~ ... ;" ... '" .... '" .... .... "! ! '" '" o o o o o ... ~ '" "! ~ ~ .... ...::-, +'" ..... "'.... -~ .... 0'" ~~ ..... ",'" -'::: ~c:) ~Q ~C) 4Il{Q "'iLl.l ~Lu 't14J '?It.,I "'Q.. V'lQ.. v,Q.. cna.. gt gt g:: gt :0: V, t\I... Il'1 ~ ~ !Ii ~ ~oO :~ ..... h e ~~~~ il~ili 1If"'~'" e'l!lI!~ ~;t~ , J 0: Il!s; !!~ ~I. "'I II~ .. ~ ~~ i:.~ 81 i ...1Ii .. ~~ .. ~i ~ CD ...IIU ...III: c;:) 11.... ...U ;:);:) 011: ... IUU) CJ...I Co ZII: ;C... a:Z cO u II ~B m II~ r ~ ~ ~ ~ i! ~ ~I; : ...I =; II i~~I~i Gl~ I) NlI~i" ~r d~ Agenda Item No. 10L September 13, 2005 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to award a construction contract to John Carlo, Inc., for Rattlesnake Hammock Road Six-Lane Improvements, Bid No. 05-3876; Project No. 60169, CIE No. 37 in the amount of $23,298,102.25 OBJECTIVE: To award a construction contract for Rattlesnake Hammock Road Six- Lane Improvements to John Carlo, Inc., in accordance with Bid No. 05-3876. CONSIDERATIONS: The project was submitted for advertisement of bids on July 27, 2005. A non-mandatory pre-bid meeting was held on August 10, 2005. Three bids were opened on August 30,2005 with John Carlo, Inc. submitting the low bid in accordance with the A+B bid procedure as established by the Florida Department of Transportation. In this procedure the bid is composed of both an A and B component. Component A is the cost of construction and component B is the time to perform the work. The value of a day has been established at $5,268.16 for this project. Component B is multiplied by the value of a day and then added to component A and that sum is used to determine the low bid. John Carlo, Inc., was determined to be the low bidder with a bid of $23,298,102.25 with completion in 730 calendar days. ,....-~ No bids were allowed over 730 calendar days and no bids were received with a shorter completion time. The low bid is 8.2% above the Engineer's Estimate of Probable Cost of $21,531,994.60. The second and third low bids were $26,622,812.55 and $28,292,378.98 respectively. The project also uses an incentive/disincentive specification whereby an incentive is paid for every day of early completion and a disincentive is taken for every day of late completion, using the value of a day established for bid comparison. The incentive/disincentive is limited to $500,000.00. Liquidated Damages of $9,014.62 per day will be applied in addition to the disincentive. The Environmental Resource Permit has been issued. Studies of potential impacts to the Red Cockaded Woodpecker and Florida Panther have been submitted to Fish and Wildlife and an additional Biological Opinion on Florida Panther will soon be submitted. We believe they will then release the project and the Corp of Engineer's permit will be forthcoming. The notice to proceed will not be issued until all permits are in hand. - FISCAL IMPACT: The total cost for this contract is $23,298,102.25. Funds in the amount of $13,315,279.00 are available the Transportation Supported Gas Tax Fund and Impact Fee Funds. A budget amendment is needed in the amount of $ 4,225,600 from (336) Impact Fee District 4 Reserves and A budget amendment in the amount of $5,757,223.25 is needed from (313) Gas Taxes Reserves. Source of funds are gas taxes and impact fees. Agenda Item No.1 OL September 13, 2005 Page 2 of 12 GROWTH MANAGEMENT IMPACT: The expansion of Rattlesnake Hammock Road is identified on the AUIR (CIE No. 77) and is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the contract with John Carlo, Inc., for construction of Rattlesnake Hammock Road Six-Ianing Improvements and authorize the Chairman to sign the Contract. Approve any necessary budget amendments. Prepared By: Gary R. Putaansuu, P .E. Senior Project Manager, TECM ,- Item Number: Item Summary: Meeting Date: Aqendd Ilem Nt;. , OL September 1:1 2005 Page 3 0112 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10l Recommendation 10 award fl c(lnstruction c:onlrHct to John COirlO. 1m: for RatljesrlHke Hammock Road Si)(-Lanc Improvements, Bid No. 05-3876: Project No, 60169. CIE No. 37 in the a.mount of $23.298.1 02.25 (Norman Feder. Administrator, Tlflnsportalion Services) 9/13/2005 9 :00 00 AM Dnt. Prepared B)-' GDiry Putannsuu Trilm;portation Ser....ice5 Senior Project Monagor Transportation Engincering and Construction BfZ3/2005 4:29:42 PM Norm E. Feder, AICP Transportation Division Administrator Date Allprovcd By Transportation Services Transportation Services Admin. 8/24/20059:20 AM Eugene Calvert Principl'll Project Matlttger 0'''' Appro\'cd B,y Tnmsporta1ions Services Transportation Engineering and Construction Manngcmcnt 8r31/2005 12:46 PM Donald L. Scott Transportation Planning Director 0'"" Approved By Transportation Servicet Transportation Planning 8131120051:16 PM Appro\'cd By Jay Ahmad Transportation ServIces Dato Director Transportation Engineering & Construction Managf:OlCnt 6/31120052:06 PM Appnl\'cd By Accoun1ing Supervisor 0... Sharon Newman Transportation Services Transportation Administration 6131(20053:31 PM Pat Lehnhard ExecutJve Secretary 0'"" Apprnved By Transportation Services TraMportation SorviCGS Admln 8/31/20054:20 PM Approved By OMS Coordinator County Manager's Office Administrative Asaistant o.le Office of MIln.1gement &. Budget 9/1/20059:12 AM Senior M.mngcmentlBudget Analyst Dole Appro\'cd By Susan Usher County Manager's Office Office of Management & Budget 911/20059:55 AM Michael Smykow$ki Manl'lgement 8.. Budge1 Director D"'. Apllro\'cd By County Manager's Offir:e Office of Management & Budget 911/20051:53 PM AllprO\:cd By Brenda Brilhart Adrnhli51rative Services Purch.!lsing Agent 0"'. Purchlu,ing 9/1/20055:06 PM Mike Hauer Acquisition Manager Dnt. Appro\'cd B)' Adminigtrativt' Services Purchasi ng 912/200510;26 AM Approved By Steve Carnell Adminls1r.crtive Service$ PurchasmglGol1eral Svcs Director Dole Purchasing 9/2f20Q5 11 :02 AM County Mannger 0"'. Approved By James V Mudd Board of County Commissioner!; County Mallager's Office 012/2005 2:52 PM -lI.(')N OO~ ~o,,- .N 0 ~e>?'<j' ~Q.) It) E...Ol 0 = 0 0 = 0 10 0 10 Q.)Q.)ro CO 10 ~ 0 0 = 10 N ClCl 0 ::::~a... 0 cO ci cO cO ~ u) ..t N cD Gi co 0 10 10 roC ;: = CO ~ CD M M '0:1' .... ..... ClO U<lJ l'G 10. CD 10 ... 10 0 0 tIS vi' M C.... (,) 1&). M ,.: M" CO. ~ Q)o. 01 '" ~ .. 0lQ.) c: M. I&) .... 01 ~ CD CO N CO .... .c CO M. ,.... M '0:1' ri' ri' ...... -<.(/) 0 .... err ... N N N ., .... ... ... ... ... tit- ... tit- tit tit tit 0 t'") t- O 0 = = It) 10 I&') 10 0 10 I&') I&') I&') = .... ~ CO 10 ClCl CO'! C rtl M cD cO M u) ..t N cD '" a:: "C ~ .... .... 10 U) ~ l'G CD = CD N II) .... ,.... 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'" "' "' '" !:: 0> d; :b ~ 0> 0 d, 0 .;, ,;, .;, .;, ~ ,;, <.\ '" 0> 0> :2 '" ;:: ;:: ;:: '" <D <D '" .... .... .... .... 0 - ,- Agenda Item NO.1 OM September 13, 2005 Page 1 of 56 EXECUTIVE SUMMARY Recommendation to approve the City/County Beach Renourishment Program, approve the 10-year Beach/Inlet funding plan and award bid #05- 3854 to Great Lakes Dredging and Dock (GLDD) in the amount of $18,476,312.01. OBJECTIVE: Approve the City/County Beach Renourishment Program, the 10-year Beach/Inlet Funding Plan and the contract with Great Lakes Dredging and Dock (GLDD). CONSIDERATIONS: The re-nourishment of the City of Naples and County Beaches will place approximately 625,000 CY of sand along the Vanderbilt, Park Shore, Pelican Bay and Naples beaches. It will also create an artificial reef and monitor marine life and beaches for a period of 5 years. On June 1, 2005, Bid #05-3854 was sent to the three contractors pre-qualified under ITQ #04- 3648. Bids were received from two contractors and opened on June 30, 2005. The following is a tabulation of bids received: Vendor/Address Bid Amount Great Lakes Dredge & Dock Oak Brook, IL $20,457,999.06 Weeks Marine, Inc. Innwoods Business Park, Covington, Louisiana $20,495,693.05 Bids' received were significantly higher than the original project budget. Negotiations with GLDD reduced the cost of the beach renourishment to $18,476,312.0 I by decreasing quantity of sand to be placed, allowing screening of oversized materials overboard to return to the borrow area, and removing beach tilling. Through a combination of increased grants, increased revenue and other management activities, a program has been developed that accomplishes the re- nourishment of the City/County beaches, integrates the Inlet plan into the beach re-nourishment program, secures additional funding and accomplishes an affordable to-year Beach/Inlet Funding Plan with positive reserves in future years. The following table provides summary budget data related to the original project budget; project as bid and the recommended scope managed option: - Agenda Item NO.1 OM September 13, 2005 Page 2 of 56 Major Beach Renourishment Project - Expense Variance Original Budget Managed Scope Project As Bid Total Project Expense 19,330,100 23,183,100 25,330,100 Florida Dept. of Environmental Protection (FDEP) Revenue (2,789,300) (5,167,400) (5,654,100) Pelican Bay Reimbursement 0 (840,000) (840,000) Expense Shortfall 0 3,853,000 6,000,000 Additional Revenue 0 (3,218,100) (3,704,800) Variance 0 634,900 2,295,200 Forecast TOG Revenue (195) Above Budget (200,000) (200,000) Fund 195 Project close Out Dollars (434,900) (434,900) Revised Variance 0 1,660,300 Full Project Funding YES NO With forecasted 2005 TDC revenue in excess of budget and the close out of several Fund (195) projects, staff anticipates that the Managed Scope Variance, currently projected at $634.900, will be eliminated. The attached ten (10) year planning document accounts for a modest reserve increase in FY-05 and FY-06, the product of additional FY-05 TDC revenue and project close out dollars. ADVISORY COMMITTEE RECOMMENDATIONS: The Coastal Advisory Committee on August 11, 2005 approved this item 8/0. The Tourist Development Council approved this item 8/0 on August 22, 2005. FISCAL IMPACT: The FY-06 Tourism Fund (195) budget will be amended via resolution to reflect revised project revenue and expenditures sufficient to fully fund and complete this major beach renourishment project under the recommended managed scope option. The budget resolution will be submitted for Board of County Commissioners consideration on September 22, 2005. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDA TION: That the Board of County Commissioners approve City/County Beach Renourishment Program, the 10-year Beach/Inlet Funding Plan and award bid #05-3854 to Great Lakes Dredging and Dock, and authorize the Chairman to execute the standard County Construction Agreement after County Attorney approval. PREP ARED BY: Gary McAlpin, Coastal Project Manager Item Number. Item Summary: Meeting Oate: f\gencta Item No 10M September 13, 2005 P,'H.Jt-] 3015f3 COLLIER COUNTY BOARD OF COUNTY COMMISS10NERS 10M Recommend Approval of City/Counly Bead, R('nourishmenl Program. apprO\l€' the 10-year Beach/Inlet funding plan rJl\d award Did #05-3804 to Great Lakf:S Dredging and Dock (GLDD) in the amount of $1 8.476.2;12. (Jack Wert, Director, Tourism DepArtment) 9/13/20059:00:00 AM Dllte Apllroved 0)' Gary McAlpin County Manager's OffIce C~tal Project Manager Tourism D1311200!i 3:32 PM Dale Approved By Jack Wert County Manager's Office T aurism Dfrector Tourism 8f31/2005 3:49 PM Administrative AS6jf;tant Dale Approved By OMS Coordin....tor Counly Mannger's Office Office of Management & Budget B13112005 4:03 PM Mark lsackson Date Approved By County Manager's Office Budget Analyst Office 01 Management & Budget 9/2/20054:19 PM Approved By MichaGI Smykowskl County Manager's Office Management & Budget Director Date Office of Man..gement & Budget 9/2120054:40 PM Date Approved By Lyn Wood Administrative Services Pun:::ha6lng Agent Purchas.ing 9fflJ2005 8:25 AM Dnte Apprm.cd By Steve Carnell Administrative Sen/iees Pun:::haroing/General Svcs Director Purchasing WoIl005 9:07 AM Date Appruved B)-' James V. Mudd Board 01 County Commissioners County Manager County Mnnager'6 Office 9f6f2005 11:31 AM Agenda Item NO.1 OM September 13, 2005 Page 4 of 56 VOLUME COMPARISON TO PROPOSED MODlFICATIDN COLLIER COUNTY BEACH RENOURISHMENT PROJECT BID PLANS PROPOSED CHANGE EFFECTIVE EFFECTIVE PROFILE DISTANCE DENSITY VOLUME DISTANCE DENSITY VOLUME (FTl (CY/LF) rcy) (FTl rCY/LFl (CY) , ......, , ., ... . '.' ..... , .... ',\, . ..'. ',., TAPER 100 5.0 500 100 0,0 0,0 R-23 1,117 10,0 11,174 1,117 0,0 0,0 R-24 1,074 10,0 10,738 100 7,9 791.2 R-25 1,051 15,8 16,630 1,051 15.8 16,630,1 R-26 986 16,9 16,625 986 16,9 16,625.3 R-27 1,095 17,9 19,580 1,095 17.9 19,579,6 R-28 1,026 13,8 14,120 1,026 13,8 14,120 R-29 942 10.0 9,423 942 10,0 9,423 R-30 1,033 10,0 10,330 1,033 10,0 10,330 R-31 1,022 10,0 10,219 1,022 10,0 10,219 R-32 1,011 10.0 10,107 1,011 10,0 10,107 R-33 1,021 10,0 10,209 1,021 10.0 10,209 R-34 1,012 10.0 10,119 1,012 10.0 10,118,6 R-35 998 11.6 11,547 998 11,6 11,547,5 R-36 514 10,9 5,581 514 10,9 5,581.1 TAPER 1,000 5,4 5,427 1,000 5,4 5,427,0 CLAM PASS ':'..:", ".. ...~ ".' ... TAPER 850 5,2 4,462 0 R-45 1,078 10,5 11,314 500 5,0 2,500,0 R-46 1,040 10,0 10,403 794 10,0 7,935,0 R-47 953 10.0 9,533 953 10,0 9,533.2 R-48 1,000 10,0 10,002 1,000 10.0 10,002.1 R-49 1,077 10.0 10,767 1,077 10,0 10,767.2 T-50 1,208 10.0 12,079 1,208 10.0 12,078,5 R-51 1,108 26,5 29,353 1,108 26.5 29,353,4 R-52 967 32,5 31,474 967 32.5 31,474,2 R-53 1,060 29.9 31,670 1,060 29,9 31,670.0 R-54 529 11.5 6,105 529 11,5 6,105.3 TAPER 390 5.8 2,249 390 5,8 2.249,3 DOCTORS PASS .. .... TAPER 500 20,0 10,016 500 20.0 10,000,0 R-58A 250 40.1 10,016 250 40,1 10,016.2 R-58 750 34,2 25,653 750 34,2 25,652.9 R-59 1,035 20,6 21,281 1,035 20,6 21,281.1 R-60 1,081 12,1 13,036 1.081 9.6 10,332,7 R-61 1,049 10,0 1 0,488 1,049 5,0 5,244,0 R-62 1,015 10.0 10,146 1,015 7,5 7,609.5 R-63 967 23.4 22,673 967 23.4 22,672.7 R-64 854 10,0 8,543 854 10,0 8,543.2 R-65 804 10.0 8,041 804 10,0 8,041.1 R-66 813 12,0 9,752 813 12.0 9,751.6 R-67 805 10,6 8,519 805 10,6 8,529,1 R-68 810 10,0 8,104 810 10,0 8,104,3 R-69 805 10,0 8,047 805 10,0 8,046,7 R-70 800 33,1 26,481 800 33.1 26,480,8 R-71 803 39,0 31,319 803 39.0 31,318,8 R-72 807 33.4 26,955 807 33.4 26,954,9 R-73 813 10,0 8,129 813 10.0 8,129,3 R-74 803 10,0 8,028 803 10,0 8,028.4 R-75 795 10,9 8,705 795 10,9 8,705.4 R-76 799 15,2 12,189 799 15,2 12,188,7 R-77 782 10,0 7,821 782 10,0 7,821,1 R-78 467 10,0 4,665 467 10,0 4,665.4 TAPER 1.000 5,0 5,000 1.000 5,0 5,000,0 .' . . , .... .. TOTAL- AVERAGE 45,669 14,6 655,347 43,021 14 607,493 BID & PERMIT QUA~TITY 673,250 HOT SPOT VOLUME AND COST COMPARISON TO PROPOSED MODIFICATION COLLIER COUNTY BEACH RENOURISHMENT PROJECT EFFECTIVE BID BID PLANS UNIT MOD. EFF. PROPOSED PROFILE DISTANCE VOLUME VOLUME COST DISTANCE VOLUME IFTl rCYIl rCY) CFT! CCYl Vanderbilt R22,5-R31 8,935 109,119 114,229 $24,36 7,961 92,608 Pelican Bay R31-R36 6,067 63,209 58,100 $27,41 6.067 58,100 N, Park Shore R43,5 4,421 45,714 40,713 $27.69 2,747 24,969 Park Shore R48-R54. 6,838 140,021 128,699 $22.83 6,838 128,699 Naples R58A,R79 18,408 315,188 313,607 $26,33 18,408 303,118 Erosion Contingency 17,900 17,900 TOTAL 44,669 673,251 673,247 42,021 625,393 SAND COST VOLUME DIFFERENCE BETWEEN BID AND PROPOSED QUANTITY (CY) 47,857 POTENTIAL COST SAVINGS Note: The difference between the bid plans and bid quantity IS the sand volume needed to account for erosion since the plan survey was completed, which is approximately 17,900 cy. Agenda Item No. 10M September 13, 2005 Page 5 of 56 000405 Agenda Item No, 10M September 13, 2005 Page 6 of 56 Collier County Beach Renourishment Bid No. 05.3854 Schedule of Bid Items Bid Item No. Units Unit Price Subtotal BASE BID - Construct Beach Fill Hydraulically 1. Mobilization/Demobilization 1 L.S. $2,329,057.00 $2,329,057.00 3. Payment and Performance Bond 1 L.S. $133,418.00 $133,418.00 Beach Fill 4. Dredge Sand from Borrow Area, Place and Grade at Vanderbilt Beach (R22.5- 95,337 C.Y. $24.09 $2,296,668.33 R31) 5. Dredge Sand from Borrow Area, Place and Grade at 59,812 C.Y. $27.14 $1,623,297.68 Pelican Bay (R31-R37) 6. Dredge Sand from Borrow Area, Place and Grade at 25,705 C.Y. $27.42 $704,831.10 North Park Shore (R43.5-R48) 7. Dredge Sand from Borrow Area, Place and Grade at 132,491 C.Y. $22.56 $2,988,996.96 Park Shore (R48-R54.5) 8. Dredge Sand from Borrow Area, Place and Grade at 312,049 C.Y. $26.06 $8,131,996.94 Naples Beach (R58A-R79) 9. Beach Tilling - Deleted Deleted Deleted Beach Fill Subtotal $ 15,745,791.01 Environmental Monitoring 10. Set Buoys for Pipeline Corridor P1, 1 L.S $8,243.00 $8,243.00 Pumpout & Booster Locations 11. Set Buoys for Pipeline Corridor P2, 1 L.S $8,243.00 $8,243.00 Pumpout & Booster Locations 12. Set Buoys for Pipeline Corridor P3, 1 L.S $8,243.00 $8,243.00 Pumpout & Booster Locations 13. Set Buoys for Pipeline Corridor P4, 1 L.S $0.00 $0.00 Pumpout & Booster Locations 14. Turbidity Monitoring 1 L.S. $170,058.00 $170,058.00 Environmental Monitoring Subtotal $194,787.00 Offshore Sea Turtle Monitoring (Ho :>per Dredge only) 15. Mobilization/Demobilization Turtle 1 Event $3,642.00 $3,642.00 Trawler 16. Relocation Trawling 5 Day $3,500.00 $17,500.00 17. Endangered Species Observer 1 L.S $52,117.00 $52,117.00 Sea Turtle Trawling Subtotal $73,259.00 BASE BID - TOTAL $ 18,416,312.01 ...... i/ ~. , -. ~-' ~. '. Agenda Item No.1 OM September 13, 2005 Page 7 of 56 CONSTRUCTION BID BOARD OF COUNlY COMMISSIONERS COLLIER COUNlY, FLORIDA Collier County Beach Renourishment BID NO. 05-3854 Full Name of Bidder GREAT LAKES DREDGE & DOCK COMPANY Main Business Address 2122 York Road Place of Business Oak Brook, IL 60523 Telephone No. 630-574-3000 Fax No. 630-574-3472 State Contractor's License # N/ A To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN1Y, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents _.l. and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number Date Issued Contractor's Initials #1 6/20/05 J/# Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your bid pages. GC-P-1 ~ . . 'l l , I Agenda Item NO.1 OM September 13, 2005 Page 8 of 56 Collier County Beach Renourishment Bid No. 05-3854 Bid Item No. Units I Unit I ' Subtotal Price BASE BID - Construct Beach Fill Hydraulically 1. MobilizationlDemobilization 1 L.S. l-z 131,14'2.,1 ".nl,"{'2.~."''' 3. Payment and Performance Bond 1 L.S. I 1"17 'Cf",,1 )4'7 "v"'" 00 Beach Fill 4. Dredge Sand from Borrow Area, Place and 1 09,119 CY. 2t1. 3~ 2., t.-; e, 1 :JT. '3" Grade at Vanderbilt Beach (R22.5-R31) 5. Dredge Sand from Borrow Area, Place and Grade at 63,209 C.Y. 'l.7.L(1 I, 7'$ 2., ~S~~ Pelican Bay (R31-R37) 6. Dredge Sand from Borrow Area. Place and Grade at 45,714 C.Y. 1- 7. ,10' " 2'5. no.~" North Park Shore (R43.5-R48) 7. Dredge Sand from Borrow Area, Place and Grade at 140.021 C.Y. 22.V3 '3. !q", "79.4'3 Park Shore (R48-R54.5) 8. Dredge Sand from Borrow Area, Place and , Grade at 31 5,188 CY. 'Z G..33 1f, Z9~ qoo./J"f Naples Beach (R58A-R79) 9~ Beaeh TiIli,..,... -. .~ '-. - < 45,67Q,H 'LF. O. '7- '32.:, S'~ 1.:.. "to Beach Fill Subtotal --....-... . .-..- $ 17, I~ 98'0.0<- Environmental Monitorina ;''', 10. Set Buoys for Pipeline Corridor P1. Pumpout & 1 L.S 8''2.'13 'E, 2..4'3". 0() Booster Locations 11. Set Buoys for Pipeline Corridor P2, Pumpout & 1 L.S '17... '13 ~ " 'Z.lfl.oo Booster Locations 12. Set Buoys for Pipeline Corridor P3, Pumpout & 1 L.S ~'2. 4'3 Booster Locations <g 24/~.DD .I 13. Set Buoys for Pipeline Corridor P4, Pumpout & 1 L.S 0 0.00 Booster Locations 14. Turbidity Monitoring 1 L.S. In S91./ Irq '>CW.oo Environmental Monitoring Subtotal 2,..". '3 1. 3. (Je Offshore Sea Turtle Monitoring (Hopper Dredge only) 15. Mobilization/Demobilization Turtle Trawler 1 Event '3'-4'2- ~ lo'Y'2 . DO 16. Relocation Trawling 5 Day ~~co 17.~DD.OI!:> 17. Endangered Species Observer 1 L.S St, /'l 2- ~8 /<gz.o&' Sea Turtle Trawling Subtotal $ 74:) 3Z.~.c~ BASE BID - TOTAL $ "UJ, 4"S 7., 9 99. 6(,. Schedule of Bid Items GC-P-2 -A J., i: .' L I Agenda Item No. 10M September 13, 2005 Page 9 of 56 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. No Contractor supplied material required to complete beachfill. Beach- 2. fill material from contract designated rorrow area. ,\ 3. 4. 5. BY: Great Lakes Dredge & Dock Company Bidd~er ' ~~ 1-. ., W.F.Pagendarm Vice President Dated July 7, 2005 i W F ~ ~()./V(V\Ja ~ 1) P t (,wv1 GC-P-3 ,', ,] Agenda Item No.1 OM September 13, 2005 Page 10 of 56 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior 'written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in drdinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of cOntract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. CateQorv of Work 1. Endangered Species Observers Subcontractor and Address Coastwise Consulting 2. Turtl e Trawl ing 173 Virginia Ave., Athens, GA 30601 Same as Above 3. 4. 5. Dated July 7, 2005 BY: Great Lakes Dredge & Dock Company Bid~ ~~ J;~~ W.F.p;genda m Vice President GC-P-4 --'] . f Agenda Item No. 10M September 13, 2005 Page 11 of 56 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Ag reement. Proiect and Location Reference 1. See Attached "Major Projectsll list 2. 3. 4. 5. 6. Dated 7/7/05 Great Lakes Dredge & Dock Company Bidder BY: ~/*,~-<_~ W.F.Pagenda Vice President GC-P-5 TRENCH SAFETY ACT Agenda Item NO.1 OM September 13, 2005 Page 12 of 56 Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description ) (LF.SY) 1. No Trenching Anticipated on this Project 2. 3. 4. 5. TOTAL $ Failure to complete the above mayresult in the Bid being declared non-responsive. Dated 7/7/05 Grea t La kes Dredge & Doc k Campa ny Bidder BY: ,y/:4~<-~ W.F.Pagendarm Vice President GC-P-6 - ~ Agenda Item No. 10M September 13, 2005 Page 13 of 56 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreementr Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of O~ner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one hundred fifty-one (151) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within one hundred sixty-five (165) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Illinois County of nil P;;ge W. F; Pagendarm, Vi ce Pres i dent , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Great Lakes Dredg e & Dock Company I also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and SpeCifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC-P-7 Agenda Item No, 10M September 13, 2005 Page 14 of 56 (a) Corporation The Bidder is a corporation organized and New Jersey , which operates r,rpat Lakes Dredge & Dock Company officers are as follows: existing under the laws of the State of under the legal name of I and the full names of its President Douglas B. Mackie Secretary Leslie A. Braun TreasurerDeborah A. Wensel Manager The Vice President is authorized to sign ronstruction bids and contracts for the company by action of its Board of Directors taken September 21. 1992 , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED legal entity GC-P-8 Agenda Item No. 10M September 13, 2005 Page 15 of 56 Great lakes Dredge & Dock Company 2122 YORK ROAD OAK BROOK,IL 60523-1981 630574-3000 FAX 630 574-298012981 TELEX 254441 GRATLAK eGO EXTRACT FROM THE RECORDS OF GREAT LAKES DREDGE & DOCK COMPANY WILLIAM F. PAGENDARM is hereby authorized to sign all bids, estimates, contracts, contract modifications, payment estimates, payment invoices, final invoices, releases and all other agreements, documents or other forms necessary to secure, perform and finalize contracts and contract modifications, for and on behalf of the Company together with all bonds and other obligations necessary to secure the performance thereto, and when so signed same shall be in full force and effect and binding upon this Company. I, LESLIE A. BRAUN, PO HEREBY CERTIFY That I am the Secretary of Great Lakes Dredge & Dock CompanYr a corporation of the State of New Jersey, and that as such Secretary; ,I DO HEREBY FURTHER CERTIFY That the above and foregoing is a true copy of a portion of the minutes of a meeting of the Board of Directors of Great Lakes Dredge & Dock Company held on the 21st day of September, 1992, that the above resolution now appears of record in the record book of said Company, and has not been in anywise altered, amended or repealed and is now in full force and effect. qd.~{} .t7.t:uL-~ Leslie A. Braun Secretary Ju1y 7, 2005 Date Subscribed and sworn to before me 11. .OFFICIAl SEAL" = LIllA WICHERT ~ COMMISSION EXPIRES 04/22/08 this 7 day of Ju 1 Y , 2005. ~w?~ Notary Public '. " /;Jt J iL Witness ~~~ STATE OF III inoi s COUNTY OF Du Page and did (did not) take an oath. Agenda Item No. 10M September 13, 2005 Page 16 of 56 BY: 1.1 F P(;JgpnrLwm Name of~ldder Typed) ~-;Cj~~~ Signature - Vice President Title 2122 York Road Oak Brook, IL 60523 Incorporated in New Jersey My Commission Expires: j - / 0 -;;;, 00 1 (AFFIX OFFICIAL SEAL) OFFICIAL SEAl SUSAN M WILLiAMS NOT"RY PUBlIC. STAre Of IU.INOIS l tIN COMMSSION eXPIR::S:03l10109 ~ GC-P-9 Notary Public, State of .J 1// h D I S Commission No.: , , Agenda Item No. 10M September 13, 2005 Page 17 of 56 BID BOND (See Attached) KNOW ALL MEN BY THESE PRESENTS, that we (herein after called the Principal) and (herein called the Surety), a corporation chartered and existing under the laws of the State of with its principal offices in the city of and authorized to do business in the State of firmly bound unto the (hereinafter called the Owner), in the are held and full and just sum of dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Collier County Beach Renourishment Bid No. 05-3854 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and ,deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC-P-10 ..a, _ _ _ _ __ _ -. _.L_ .1.._ . . Agenda Item NO.1 OM September 13, 2005 Page 18 of 56 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this day of , 2005. Principal BY (Seal) Surety (Seal) Countersig ned Local Resident Producing Agent for GC-P-11 r TRAVELERS CASUALTY AND SURETY COMPANY OF AMERTCAd I N 10M -P;gen a tem o. BID BOND Hartford, Connecticutle~8~ 13, 2005 Page 19 of 56 _~ow ALL MEN BY THESE PRESENTS, That we, Great Lakes Dredge & Dock Company 2122 York Road Oak Brook, IL 60523 as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a cOIporation duly organized under the laws of the state of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto Board of County Commissioners Collier County, Florida as Obligee, hereinafter called the obligee, in the sum of FIVE PERCENT OF BID PRICE ( 5% ) Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Collier County Beach Renourishment NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with - \e Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or ~ontract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8th day of July, 2005. b:LltL { (witness) " Great Lakes Dredge & Dock Company BY~/& 4~/",-< '--' W.F.Page arm, Vice President TRAVELERS CASU~~ AND S RET COMPANY OF AMERICA B y: ~7,,--, Printed in cooperation with the American Institute of Architects (AM) by Travelers Casualty and Surety Company of America. The language in the document conforms exactly to the /i1.nguage used in AU Document A310, February 1970 edition. · i Agenda Item No. 10M September 13, 2005 Page 20 of 56 NOT~ACKNOWLEDGEMENT STATE OF ILLINOIS COUNTY OF WILL On this 8th day of July, 2005 before me Sheri L. Macon a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Thomas J. Ptacek, to me known, who being by me duly sworn according to law, did depose and say that he resides in lllinois: that he is an Attorney-in-Fact of Travelers Casualty and Surety Company of America the corporation described in and which executed the foregoing instrument: that he knows the seal of said corporation: that it was so affixed by order of The Board of Directors of said corporation and that he signed this name thereto by like order: that he executed and deliyered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. My Commission Expires: 8/30/08 d61 ~ fr~~ OFFICIAl. SEAL SHERI L MACON NOTARY PUBUC . STATE OF IWNOIS MY COMMISSION EXPIRES AUG 30, 2008 4 ~i , ' Agenda Item No. 10M IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY, COMPANY OF AMEile~,~~ CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this i~6,1 cr6 ~~ ' signed by their Senior Vice President and their corporate seals to be hereto affIxed this 25th day on May, 2004. STATE OF CONNECTICUT )SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY /~~~~ - By George W. Thompson Senior Vice President On this 25th day on May, 2004 before me personally came GEORGE W. THOMPSON to me known. who, being by me duly sworn, did depose and say: that be/s~e is Senior 'Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY Am> SURETY COMPANY and FARMINGTON CASUALTY COMPANY. the corporations described in and which executed the above inStrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said inslnunent on behalf of the corporations by authority of hislher office under the Standing,Resolutions thereof. 'f'<\~ C- ~ My commlssion expires June 30, 2006 NotarY Public Marle C, Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AME~CA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. ' Signed and Sealed at the Home Office of the Company. in the City of Hartford, State of Connecticut. Dated this 8 th day of July ,2005 c:riM" ru.:' p?, -' " By , .~ Korl M. Johanson Assistant Secretary, Bond ~D< Travelers ~ Agenda Item NO.1 OM September 13, 2005 Page 22 of 56 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. Agenda Item NO.1 OM September 13, 2005 Page 23 of 56 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTYr FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid, Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery infonnation required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples. Florida 34112 11. The mailing envelope must be sealed and marked with: e::>Bid Number; e::>Project Name; <:>Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified ooeninq date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET W.F. Pagendarm Bidder Name Vice President Lakes Dredge & Dock Company -( DATE: July 7, 2005 2122 York Road Oak Brook, IL 60523 Incorporated in New Jersey GC-P-12 '-" Agenda Item No. 10M September 13, 2005 Page 24 of 56 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 732-0844 www.colliergov.net ADDENDUM DATE: June 20, 2005 TO: Interested Bidders FROM: Scott D. Johnson, Purchasing Agent Purchasing Department SUBJECT: Addendum # 1 - Bid #05-3854 - "Collier County Beach Renourishment" Addendum #1 covers the following change for the referenced Bid: Bid Opening date change: July 13. 2005 Collier County wishes to clarify the Licenses and Warranty items: These statements as referenced the bid document are not applicable. 1. Modify Exhibit J Technical Specifications as follows: Paragraph 28.4.2: Add as last sentence to the paragraph. The spacing of the pipeline collars shall be such that the pipeline does not contact hardbottom, and the collar spacinq shall not exceed 100 feet. Paragraph 29.2: Modify the fifth sentence as follows: If instantaneous telemetry will require expensive communication links, such as satellite telephones, then near real time communication of dredging location data will be acceptable. The data shall be provided each time the dredge approaches the shoreline for off loading in a format approved by the DESIGN PROFESSIONAL. The contractor .- , Agenda Item No. 10M will provided the data a minimum of three (3) times each day (ever 8 h~:rrolpec~3, 2005 nearshore approach of the hopper dredge, whichever is least. Page 25 of 56 Paragraph 31.1: Add as the last sentence to the paragraph. The dedicated flag or safety person can be from a contract guard service. Paragraph 43.1.3: Add as the last sentence to the paragraph. If the CONTRACTOR believes a nearby structure may be threatened by his operation, he may at his discretion and cost, conduct vibration monitoring, modify the sand placement method and/or seek approval from the DESIGN PROFESSIONAL for a change in procedures. Figure 1 (pg J-2): Replace Figure 1 with the attached. The scale of the figure is 1 inch=36,OOO feet. 2. Clarifying Statement: a. There is no requirement for the contractor to have a county dredging or contractor's license or acquire county permits. b. The attached pre-bid information questionnaire shall be filled out by the bidders and submitted with the bid package. PRE-BID INFORMATION (Attach to Bid Form and include attachments as necessary) A. Describe Bidder's proposed method of completing the Work being bid and a time schedule for implementing the phases involved. Work to be completed using Trailing Suction Hopper Dredges(ITSFD"). Estimated schedule is to begin mobilization upon receipt of Notice to Proceed. t~obllizatlon to be completed ln approXlmatelY JU aays. ureaglng to commence immediately upon completion of mobilization. B. What size dredge do you propose for the work? What is the estimated daily production rate for the dredge proposed for the work? What is the estimated duration of the work in days and months? Dredge - (2) 3,600 Cubic Yard TSH dredge. Estimated daily production per aredge = 4,200 Cubic Yards per day. Estlmated duratlon ot dredglng/beach fill ;s 105 days. C Wh t. d f' t 'II h" t t . A1,ggnda Item NO.1 OM . a size an type 0 equlpmen WI you use on t IS proJec, 0 mc ~~t~9~S],3, 2005 boosters, cranes, barges, front end loaders, dozers etc. What equipme~!Wi~6 of 56 you purchase or rent for the proposed work? See Attached D. List key personnel bidder proposes to use on this project including their qualifications and prior experience. See Attached E. List other present commitments including dollar value thereof, name of owner and estimated date of completion. See Major Projects List Attached. F. Will you sublet any part of this work? If so, give details. Anticipate subcontracting Endangered Species Observers and Turtle Trawling. G. What is the last project of this nature that you have completed? Beachfill: Delaware Coast from Cape Henlopen to Fenwick Island Kehoboth ~each and Dewey Beach, Delaware V.S: Army Corps of Engineers, Phila, Contract No. W9l2BU-04-C-0035 Wanamaker Bldg, 100 Penn Sq. East Amount $ 10,324,560.00 Ph11aaelphla, PA 1~lU/-3390 H. Is the dredge to be used for the proposed work certified for open Ocean dredging by the American Bureau of Shipping (ASS)? Please provide proof of ABS certification with the bid or the reason why certification is not needed. See Attached Agenda Item NO.1 OM September 13, 2005 Page 27 of 56 Pre-Bid Information Collier County Beach Renourishment Collier County Bid No. 05-3854 C) Eauipment Schedule 2 - 3,600 cubic yard Trailing Suction Hopper Dredges 1-2 3.600 hp Booster(s) 1-2 Tending Tugs (Approx. 1,000 hp) 1 Derrick Barge 1 40' Crew I Survey Boat 2-3 07 Dozers 1 Cat 966 Front End Loader GLDD does not anticipate renting equipment other than possibly tending tugs. As c::L.Hc.rt'\o.!,,- ~......pWI-L.....t wL w,..\C)~ rtfl~ +k two H4IIJ>~-e.( l)f'~.c.s w';-f~ 1- 30'1 ~r.Jte.r AI'~'~I ~-5' 7200 CV $GOt.A..JS, I - h..,AJ"o......l:" $Go~ lA.'" (~r I c:I-"\oi::ll 'Z. - "!. t...., bo-..f, (o...PP".,IC.. '2$<:>0 h.p) D) Key Personnel Project Manager: David Johanson Project Engineer: Timothy Kremer See attached resumes. Agenda Item No.1 OM September 13, 2005 Page 28 of 56 CURRICULUM VITAE Name: David Jeffrey Johanson Date of Birth: May 28, 1971 Nationality: American Profession: Civil Engineer Education: BS Ocean Engineering Virginia Polytechnic Institute & State University, 1994 Blacksburg, VA Experience: 2000-Present Project Superintendent Great Lakes Dredge & Dock Company, Hopper Dredge Division NATCO limited Partnership Oak Brook, IL Responsible for all field operations on maintenance dredging and beach renourishment projects. Overall project management, engineering, surveying and supervision of dredging and beach fill operations. Immediate supervision of engineering staff and dredge crew. Coordinated maintenance and repair activities as required. Proposed and implemented new techniques and equipment for a more cost-effective operation. Primary dredging projects include: Wilmington Harbor realignment - Ocean Bar I - New Work, Columbia River Bar - Maintenance Dredging 1999-2000 Project Manager I Division Engineer Great Lakes Dredge & Dock Company, Hopper Dredge Division NATCO limited Partnership Oak Brook, IL Supervision of engineering and operations staff on multiple dredging projec7cS. Implement work methods to most efficiently complete various channel maintenance, channel deepening, land reclamation, and beach renourishment hopper dredging projects. Involved in preparation of estimates, submittal of tender documents, bidding, contract negotiations, claims, and various administrative duties. Responsibilities encompass numerous domestic u.s. Army Corps of Engineers and Private contraC+..s. 1996-1999 Project Superintendent Great Lakes Dredge & Dock Company, Hopper Dredge Division NATCO Limited Partnership Oak Brook, IL 1995-1996 1994-1995 Agenda Item NO.1 OM September 13, 2005 Page 29 of 56 Responsible for all field operations on maintenance dredging and beach renourishment projects. Overall project management, engineering, surveying and supervision of dredging and beach fill operations. Immediate supervision of engineering staff and dredge crew. Coordinated maintenance and repair activities as required. Proposed and implemented new techniques and equipment for a more cost-effective operation. Primary beach renourishment projects include: North Myrtle Beach, South Carolina, Myrtle Beach, South Carolina, Sandbridge Beach, Virginia, SUITside and Garden City, South Carolina, Arcadian Shores, South Carolina, and Belmar to Sea Girt, New Jersey. Primary dredging projects include Port Royal and Georgetown, South Carolina, Wilmington and Morehead City, North Carolina, and Matagorda, Texas. Project Engineer Great Lakes Dredge & Dock Company, Hopper Dredge Division NATCO Limited Partnership Oak Brook, IL In charge of engineering staff and activities including hydrographic and land surveys, equipment positioning and control, quantity computations, scheduling, production monitoring and reporting, and subcontract management. Responsible for all quality control on projects. Rrimary Beach Renourishment Projects include Fort Pierce, Florida, Jupiter Island, Florida, Captiva Island, Florida, North Myrtle Beach, South Carolina. Primary dredging projects include Georgetown, South Carolina, Mississippi River, Louisiana, Virginia Beach, Virginia, and Gulfport, Mississippi, Field Engineer Great Lakes Dredge & Dock Company, Hopper Dredge Division NATCO Limited Partnership Oak Brook, IL Performed hydrographic and land surveys, recorded daily production, installed and interfaced positioning and depth recording devices, quantity computations, and basic computer programming. Primary projects include LaGuardia Airport Extension, New York, Westport, Washington, Savannah, Georgia, Brunswick, Georgia, Mississippi River, Louisiana, and Virginia Beach, Virginia. TIMOTI-I_XJ: I(REMER Agenda Item NO.1 OM September 13, 2005 Page 30 of 56 EDUCATION :tvGchigan Technological University . B.S., Environmental Engineering, February 2000 . F.E. Licensing exam completion April 2000 Houghton, MI EXPERIENCE Great Lakes Dredge & Dock Co. Project Engineer (Current Title) - 11/98 to 9/99 -- 11/00 to Present . Rrcent ProJects: )0> P.E. - Hidd, Bahrain (Current Assignment) - Approx. 26,000,000 CY Land reclamation project o Manage dredging and fill placement of 4 dredges (2 Cutter Suction, 1 Hopper, 1 Clamshell Dredge) o Plan and coordinate project operations between multiple sub-contractors o Directly oversee survey and engineering staff of various nationalities )0> P,E - Pine Knoll Shores, NC - 8 mile beach renourishment project o Project mobilization and layout/ design o Manage dredging and fill placement for 3 hopper dredges )0> Asst. P.E. - San Diego, CA - 12 Beach, 2,000,000 CY beach renounshmen t proj ect . Extensive hydrographic and land survey data collection and processing . Project design and layout for large scale land reclamation projects . Detailed production analysis and reporting Oakbrook, IL Andrews Environmental Engineering. Inc. Warrenville,IL Contract Field/ Design Engineer - Mcry 2000 to November 2000 . Watershed analysis and drainage design · Geosynthetic materials testing and inspection for hazardous waste disposal facility · Overall construction layout, survey, and inspection (nuclear density testing, sample collection, water monitoring) for solid waste handling / storage facilities t.1ichigan Department of Transportation Newberry/Houghton. MI Co-op - Summer 97/98 · Conducted survey of districts drainage pipe and compiled data for required modifications . Led survey crew for project cross-sectioning and wetland mitigation surveys · Performed materials sampling and testing (gradation, loss by wash, nuclear density testing, concrete testing) · Set out, inspection, and contract administration for multiple construction projects OTHER '_~"','A'_'_,_",'ri_'~"_~'_"'_.A...__,.._....._,..~_..__. ...._......__..._.M.._..._...~ .. ....._ ..,,~....._ ....."...__~...w.._. ." ..,......~.R."_.. ......._......_.. ._.. .. ..._...._._......_____..._.._._. ..._.._.._._ .. ..... ._...".~_................__. . ..... '"''__'.'_'_''' .... ... .......~ Computer Proficiencies -l\utoCAD 2002, i\utodesk Land Development 2002, Hypack 8.9 & Max, CORPSCON, l\ficrosoft Office 2002, Visual Basic Programming for Excel, Stella, MINEQUEL+, Suretrack, TDS Survey Works, baslC computer networking/interfacing knowledge, experience in radio telemetry of data Licensing / Certifica tions · 40 Hour OSHl\ Hazwopper Training (License in Lapse) · Troxler Raciiation Safety Training · Materials Sampling / Aggregate Testing Certification 0Iichigan DOT) · US Army Corp of Engineers Quality j\ssurance/ Quality Control Certification FAX (6 3 lJ) 5 7 4 - [) 2 3 2 . T 1 I< n F M E J( @ n 1. D D ' C () M 2122 YORK RD . OAKBROOK, IL 60523 . PHONE (630) 574-3000 .... o o !::! ..- .... i:::: tIJ. '(Jj Vi ~~ ("I. i.S "WO ~. ~ ~r:s:. . 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"i:: G' [;IJ,.:,:0 t::" 0 000 U):3:0" :l ~ .... 0",'" :r: :z: 1:"--' '" .. '" '" t:: '60 ltl ;:: oS~ ~ [;i's'" O+, ltlC/lID ~E f::~~ 8Cf)~:><]0\ uiS~E-<3~ >, I:: ;::' So~o~ <~CQg)u " . '" 2 0~0~g ::lc:lP.:c:lU V"l "" ... o V"l ., t>O ~ .. , ~ I, _ . Agenda Item No. 10M =======~~, ~~- ~~ . ~ y.~. , ~ t- , \~ ~~ lIJ ~ ~;}, "..~'l i'1 ~..J.": , r:l {.j [/1 flJ ~ i1 l~ ~\~'.~'. ~~ r r , ~ l~ j~ \,';.'. l~ i?]. ',I il:.. {. I !, t ~;/ ;~";!. I, r.,".; 1,. ~ ,/ '. il! '.I t 8006571 NUMDEH CHAHTl!:HI';U 1802 (Q.~~llmttY~:JI:R.: ~iJr' (Q1tte\.~~IJItI(!~l1llQ~! DODGE ISLAND NEW YORK, NY, UNITED STA.TES,~F AMERICA. (0/:' f-lJe,f-C/vpt/.fHI' SUCTION HOPPER DREDGER fl)UJle/l,~'i()IM~, -thl9ih.l ..%llllifY&, llr(),~s" (J}{{Jller DODGE ISLAND CORP. [lJeplh ,(J1l'e-iulth. 21.50' 52.00' 265.33' t/+ef. 846 2820 t Jltipoaitder 6'"o/Ul.e. {i]uildel' (r!eare/:CJJuiltl SOlf1"HERN SHIPBUILDING, C;ORP" GENERAL MOTORS CORP. t9ll;/I,j\iillloelc 120 1980 Unattended Hours:: 24 ~ ..97u8/ i~, to- (fe/'{fli}. that; th~ aOooe' har'>~ bee///tfltllf(}flj.ed t/l, aCC(}/'l!tuu:e' (o/t/r tll.e,glllk~\r/' tlti& [lJUlceaLl/ alld ell/:{!/wt Ul thet .c/teen/cd ltH:fft tile, 6h.}',y, III A1, Dredging Service, 1!4 AMS, tl4 ACCU Oil May 2005 Issue Dale ~-#7--- Chief Surve)~or/Director of Cla:;sification 28 Febl'UBf)' 2919 Expiration D,lte ze~~ As:;ist<lnt Secretary - NOTE: ThIS ~rlificale evidences complion~ with (JIle or more of/he Rilles, C;fI,des, '/lIndards or other ",irma of American Bureau of Shipping IIlId is iSSIlM solely for lhe U!iI! of Ihe BUfI!lJII. IU commillees, II! clienn or Olh" /lmhor/1M em/ties, n,e classificD/ion cerroficate is a reprCHnlolion only Ihallhe vtosel, slruc/ure. ilem of maltrial, equipmelll or machil/ery ?r anyn/her ilem COvtrffl by lhis certifirore has met one or mort oJlhe Rult's 0/ American Bureau a/Shipping, The urrijicale IS "''''''ft by rile temu and tomtltlllM 1111 tile """rn ride Ae_1. and gOI'l'med b)' Ihe Rules and standards o/American BllreOIf oJ Shippillg who .hall ~main Ihe role jlf~e Iheml! A\tt::HIC\N HANK M)TE COMI",,'N"I'. it ~". ~~ r ~ I rl ~ CHARTERED 1862 !I."L'MBER 7708037 ~~mm~~'mllL&~~~~I MANHATTAN ISlAND ff- NEW YORK, NY, UNITED STATES OF AMERICA ~e8~~ DREDGER 0imen&'onBj :(en8t1z, g-onfl~ I7roN& (g.,nnbc. NORTH AMERICAN TRAILING COMPANY 265.00' {1Jread!h. 52.00' ~ 1779 ~ept-.k 21.50' 2385 JlufWu.ilder- SOUTHERN SHIPBUILDING CORP. ti1!lJRb {lJai!der- GENERAL MOTORS CORP. /!/eru'l!r.C2J,uiId 1977 srULU~anz6er. 117 @,L&f&fb- (5err!JYthoL;thR/a6mfe//uZ&6euu~edirl/~(~ ~f7lu.le&fft/u&f7JlU<eoffiand~~tltemeco,rdwitlvt/W l?Uis& ~ A1, Dredging Service, ~ AMS. ~ ACCU nil '...gr.d 7nn7 Issue Date ~ ~"--!i- Chief Surveyor/Direc or of ClassIfication 30 April 2tlO7 Expiration Date $?~'~ Assistant Secretary NOTE: This Cl!f'tiJICQ/r rritlmcrs cDmplil1ncr with ont! or "'0I'r qfl~ RIlIn. Gllidn, mvuIartls Dr tIIMr crilma 0[ Alft8ictln Burra" of Ship"",, arrd Is luwd IDirly for I~ IJ.JF ofthr BrImJu, 113 "'",miUN$, ILl dimls ar D1h~ tnlthoriz<<f mlllla. T~ dllSS/f/ctltIon cmlflCl11~ 13 a ~atlorJ tmly that Ihe rn3d. 1D1ICtlUt, linn of _trial, tf/llipmerrt or macJrinery or any Dlh", ilnn ~ by this om/j/crl!t has mtt OM or ~qftM R"kso[A~ BIPNII ofShippi"8. ,..~ il poe""" fly tlv lemu IUIIi -.4Iti_ oor lire rrmw .,...." anti gcrmrrtd by 1M Rilles anti $la".[arth of Ammc,," Bwrau 0/ Shlpp/llg who shall remajrJ 11r~ "* judge th_f :2: I.(') co ,0..01.(') 0_ J 0 )- c:0 "'-...- t."",) E-Q.) Q.)Q.)OJ .....oro -Ea... roQ.) -0 .... co. Q.)<lJ OJUJ <{ ~ VI 1:: z o f= ~ ~ ~ 1: Q. ~ i'i ~ o .. (!l ... Ul l- e( <.> g ~ I- 1:: '" = = M ... ... ~ 1:: ~ ! If'j ~ct\:!= " " w-l ctl ~~ !" ~ ~ :! .i .!! ./ ; .. ~ .H~ :'eH ~bs -roi'ffi..;,n .2 U : ~ i] f ~ ~ ~ i ~I; ~ ~ ] f . Ill: -it ti' . u _~ .. I!; .dr ql::~ ~tii~~U.l! r;l ~ E '!l~ - i- 11 10 i!~"'!.ij...:l:5 .:'i.:l""'~;- iii j.~! il ~=~ ~lljJd ij~i!ffU,d~~ ~ H3~~djJ~~ ....il -~ " - ..j..~.lt e..l~"''fi!u.. I ..,...z =JllJ~ II!rij!llli~j.iI~. 1~r~~i~I~~1~1!!I~!!t~ J~I~ri~~u"'l~ll e~I';.Je"'.H"i!"!;!'.J! l e'jE1 .lq_rl.@! -!.l!~-llE 3"'~iil :~~~~v~~I=~~55..~=~~~J~~~-~~:~~~~~~ !j~;Jl S~~ Agenda Item NO.1 OM September 13, 2005 Page 54 of 56 Naples - Park Shore - Vanderbilt Beach Renourishment Total Project Cost Summary Charges through 10/4/2004 Sand Placement and Mobilization Reef Monitoring Construction Design Pre-Construction Survey Post Construction Survey Construction Management Design Charges from 10/04 through 7/05 Contingency Totals Original Project Budget Difference Reconciliation Reduce scope to 625K CY from 673K CY Reduce Screening at Dredges Reduce mobilization costs Clarify pay templates Increase FDEP funding - '05/'06/'07 Funding by Pelican Bay 4th Cent Impact & 3 yr repay of 194 Funds Spread Major Renourishment over 10 years Added Caxambas Pass and Clam Pass Changed timing of Catastrophe Reserve $1,700,000 $18,4 77,000 $840,000 $1,000,000 $203,000 $65,000 $88,000 $360,000 $200,000 $250,000 $23,183,000 $19,330,000 $3,853,000 Included in $2M Bid/Price reduction Included in $2M Bid/Price reduction Included in $2M Bid/Price reduction Included in $2M Bid/Price reduction $3,758,000 $840,000 ++++++++ ++++++++ ++++++++ Agenda Item NO.1 OM September 13, 2005 Page 55 of 56 05-3854 Collier County Beach Renourishment Project Manager: Gary McAlphin Agenda Item No. 10M September 13, 2005 Pa6'@i5'6 ~5tl ""Bid Received: Due Date: July 13, 2005 Great Lakes Dredge 05.3854 Collier County Beach Renourishment & Dock Weeks Marine, Inc BID ITEM No. Units Unit Price Subtotal Unit Price Subtotal Base Bid-Construct Beach Fill Hydraulically Mobilization/Demobilization 1 L.S, $ 2,831,428,00 $ 2,831,428,00 $ 2,565,000,00 $ 2,565,000,00 Payment and Performance Bond 1 L.S, $ 147,944,00 $ 147,944,00 $ 20,000,00 $ 20,000,00 Beach Fill $ - $ - Dredge Sand from Borrow Area, Place and Grade at Vanderbilt Beach (R22,5-R31) 109,119 C,Y, 24,36 $ 2,658,138,84 $ 23,85 $ 2,602,488,15 Dredge Sand from Borrow Area, Place and Grade at Pelican Bay (R31-R37) 63,209 CY 27.41 $ 1.732,558.69 $ 26,65 $ 1,684.519.85 Dredge Sand from Borrow Area, Place and Grade at North Park Shore ( R43.5-R48) 45,714 CY 27,69 $ 1,265,820,66 $ 28,00 $ 1,279,992,00 Dredge Sand from Borrow Area, Place and Grade at Park Shore (R48-R54,5) 140,021 C,Y, 22.83 $ 3,196,679.43 $ 22,35 $ 3,129,469.35 Dredge Sand from Borrow Area, Place and Grade at Naples Beach (R58A-R79) 315,188 C,Y. 26,33 $ 8,298,900,04 $ 28.65 $ 9.030,136,20 Beach Tilling 45,670 L.F, 0.72 $ 32,882.40 $ 1,25 $ 57.087,50 Beach Fill Subtotal $ 17,184.980.06 $ 17.783.693,05 Environmental Monitoring $ $ - Set Buoys for Pipeline Corridor P1, Pumpout & Booster Locations 1 L.S. 8243 $ 8.243,00 $ 4,500,00 $ 4,500,00 Set Buoys for Pipeline Corridor P2, Pumpout & Booster Locations 1 L.S, 8243 $ 8,243,00 $ 4,500,00 $ 4,500,00 Set Buoys for Pipeline Corridor P3. Pumpout & Booster Locations 1 L.S. 8243 $ 8.243,00 $ 4.500.00 $ 4,500,00 Set Buoys for Pipeiine Corridnor P4, Pumpout & Booster Locations 1 L.S, 0 $ - $ 4,500,00 $ 4,500,00 Turbidity Monitorino 1 L.S, 189,594,00 $ 189,594.00 $ 50,000,00 $ 50,000.00 Environmental MonitorinQ Subtotal $ 214.323,00 $ 68,000,00 Great Lakes Dredge & Dock Weeks Marine. Inc, No, Units Unit Price Subtotal Unit Price Subtotal Offshore Sea Turtle Monitorino MobilizationlDemobilization Turtle Trawler 1 Event 3642 $ 3.642,00 $ 4,000.00 4,000,00 Relocation Trawling 5 Day 3500 $ 17,500,00 $ 5,000,00 25,000.00 Endangered Species Observer 1 L,S, 58182 $ 58,18200 $ 30,000,00 30,000.00 Sea turtle Trawling Subtotal $ 79.324,00 $ 59.000,00 BASE BID--TOTAL $ 20,457,999.06 $ 20,495,693,05 Addendum Acknowledqed y y Sub Contractors List y y Materials Manufacturer y y Experience of Bidder y y Trench Safety Act y y Bid Bond y y Purchasing Agent Witness ,,-.. ,,-.. Agenda Item No. 12A September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation Pursuant to Collier County Resolution No. 95-632 that the Board of County Commissioners Consider and Approve Provision of Legal Defense and Payment of Legal Expense of Fred W. Coyle and James V. Mudd, a Commissioner and County Employee, Respectively, Named Individually as Defendants in the Complaint Styled William S. Litsinger v. Collier County Board of Commissioners, Fred W. Coyle, Individually, and James JI: Mudd, Individually, Case No. 2:05-cv-404-FtM-33DNF in the United States District Court for the Middle District of Florida, Fort Myers Division, and Waive the Purchasing Policy to the Extent it May Apply to the Selection of Outside Counsel and/or Otherwise Exempt the Selection of Outside Counsel From Competition Pursuant to VII.G. of the Purchasing Policy. OBJECTIVE: For the Board to approve provision of legal defense and payment of legal expenses and authorize the selection and retention of outside counsel for Fred W. Coyle and James V. Mudd, a commissioner and county employee, respectively, who are individually named as defendants in the Complaint styled William S. LUsinger v. Collier County Board of Commissioners, Fred W. Coyle, individually, and James V. Mudd, individually, Case No. 2:05- cv-404-FtM-33DNF in the United States District Court for the Middle District of Florida, Fort Myers Division, and waive the Purchasing Policy to the extent it may apply to the selection of outside counsel and/or otherwise exempt the selection of outside counsel from competition pursuant to VILG. of the Purchasing Policy. CONSIDERATIONS: Collier County Resolution No. 95-632 sets forth the Board's policy with regard to providing a defense and paying legal expenses of county commissioners, employees and advisory board members who are sued individually in lawsuits. The Board of County Commissioners, Fred W. Coyle and James V. Mudd have been named as defendants in the Complaint. The Office of the County Attorney recommends the Board consider providing Mr. Coyle and Mr. Mudd legal counsel in accordance with County Resolution No. 95-632. The Office of the County Attorney will represent the Board of County Commissioners in the lawsuit. Given that a lawsuit has already been filed and served upon Mr. Mudd and the Board of County Commissioners, it is imperative that investigation of the complaint be commenced as soon as possible. Accordingly, based on these circumstances and in the best interest of the County, it is further recommended that the Board waive the Purchasing Policy and/or otherwise exempt the selection of outside counsel from competition pursuant to VILG. of the Purchasing Policy to the extent it applies to procurement of legal services under Resolution No. 95-632. The Office of the County Attorney recommends that the Board authorize and ratify the selection and retention of Mr. Eric J. Vasquez, Esquire, to represent James V. Mudd in this litigation. Mr. Mudd's Employment Agreement specifically provides for his defense and indemnification in legal actions including costs and attorneys' fees. Because he received service of the complaint shortly after its filing in federal court, it was necessary for him to secure the services of counsel promptly. Mr. Vasquez is already counsel of record for Mr. Mudd in another lawsuit involving his role as County Manager, and it is appropriate for the Board to authorize/ratify Mr. Mudd's 1 .....-~ ,- /"'" Agenda Item No. 12A September 13, 2005 Page 2 of 3 selection of Mr. Vasquez in this case. Likewise, the Board's policy pursuant to Resolution No. 95-632 allows for the Board to provide a legal defense and payment of legal expenses for a commissioner named individually in a civil action or civil rights action. The Board may determine what counsel at what cost is appropriate, or provide parameters for a selection and retention to occur by Mr. Coyle working with the County Attorney Office. FISCAL IMP ACT: The hourly charges for most litigation attorneys who would be retained to represent the employees in a case such as this would likely run in the neighborhood of $200.00 to $300.00 per hour. The Board should also be aware that while it is difficult to estimate, should it be necessary for this case to be taken through the trial process, outside counsel fees could be in excess of $20,000.00. Because the suit appears to seek damages in an unspecified amount, the costs would appear to be covered through the County's self-insured retention fund as established through the Risk Management Department. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDA TION: That the Board approve the selection and retention of attorney Eric J. Vasquez, Esq. to represent Mr. Mudd in the named lawsuit and authorize/ratify the selection of outside counsel for Mr. Coyle, working with the County Attorney Office, and waive the Purchasing Policy and/or otherwise exempt the selection of outside counsel from competition pursuant to VII.G. of the Purchasing Policy to the extent it applies to procurement of legal services under Resolution No. 95-632 and the payments for services of these attorneys not to exceed $200.00 to $300.00 per hour. Prepared by David C. Weigel, County Attorney 2:05-cv404-FtM/5 2 f\genda !1em No 12A September 13, 2U05 P<1ge 3 01 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 12A Item Summary: Recomnlel1llati{lr! PurSlIl'mt to Collier County Resolution No, 95-632 lhftl the Blll'lrd of COUllty Commissioners Consider arld ApprovE Provision of Legal Defellse and Payment 01 Legal Expense of Fred W. Coyle and James V. Mudd, a Commissioner and County Employee. Rellpecti\lely. Named Individually as Defendants in the Complaint Styled Willialll S Lit511lger \I, Collie! County Board of Commissioners, Fred W. Coyle, Illdivldllally. and James V Mudd, Indi\liduEllly, Case No. 2:05"el,l"404-FtM-3~DNF in tile United States District Court for the MI(idle Distrlc1 of Florida, F(lrt Myers Divi-liion. and Wl'live thf: PUi'clHlsinu Puliey to the E:dent it May Apply to the Selection ot Outside Counsel alld/or Otherwise Exempt the Sf;lectlOn of Outside Counsel From Compelitiol1 Pursuant to Vli,G, of thto Purchasing Polley Meeting Date: 9.'13/20059:00:00 AM PrelUlred By D<lvid C. Weigel County Attorney Oat. County Anorney County Attorney Office 9rolZ005 9:18:23 AM Approved By Jaml!ls V. Mudd County Manager Dntc Board of County Commis6ioners County Manager's Office 91712005 4:22 PM - ~ Agenda Item No. 16A 1 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Whipporwill Lane Road Improvements OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Whipporwill Lane Road Improvements has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on May 17, 2004. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water- Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Performance Bond No. 6203625 in the amount of $11,119.00, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The cost of operating and maintaining the water facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Whipporwill Lane Road Improvements, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt. Enaineerina Services Department Agenda Item No. 161\1 September 13. 2005 Pane 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1GAl Rl-H;nrnmend",tion to approve fanal ac(:e~)tarwe of waler uHlj1Y facilities for V\lhlpporwW Lane Road Improvements. Meeting Date: 9/1 :>/2005 9:00:00 AM Appro'\'ed By Pamela Libby Water Operations Manager De" Public Utilities Water 7/14120057:29 AM Approved By Paul Mattausch Water Director De.. Public UtilitllK water 7/14120059:15 AM Approved B)o' Thomas E. Kuck, PE COES Engioeoring Servicos Director Dato Community DevelopmElnt & Envlfonment,[J1 ServIces COES Engineering Smvices 7/16/200510:31 AM Approved By Roy e, Anderson. P.E. Public Ut~lities Engineering Director Dat. Public Utilities Public Utilities Engineedng 7119/200511:01 AM APlJroved By Sandra Lea Ell.ecutiye Secretary Community Development 8. Community Development & EnYironmcntal Servic~s Environmental Services Admin Oat. 7/20/20052:15 PM Af)Pro'\lcd B~' Constance A. JOflnwn Operations Analyst Community Development & Community Development & EnVironmental Services Environmental Services Admin. Date ar1J2005 6:57 AM AplJrOvcd By JOtIeph K. Schmitt Community Development & Environmental Services Adminstrlltor Date Community Development & Environmental Services Community Development & Environmental Services Admin. 6/2/2005 8:57 PM ApprlJ\'cd By OMB Coordinator Administrative Assistant De" County M~nagvr'li'l Offtce Office of MSl1llgemnnt & Budget 814120m; 8:21 AM Approved By Michael Smykowski Managernfjnt & Budget Director D"'" County Manager'a Office Office of Mllnageroont & Budget 8/5/2005 5:05 PM A ppro\'cd By James V. Mudd Board of County Commissioners County Manager Del. County M..nager'S D11lce ala/200!; 9:38 AM ~ ~ :z: ..-I.(')C") n. <0,,- ::J ::J (DOO ~ IE ..-NC") i ~ O('")Q.) n. IL Z"- OJ i !i! ....ro NY] T1Jf\llOOold'" E15a... ~E ro2 -00. ~ C<lJ ~ ~ &(/) ~ < " ~ 5 " ~ 5 ~ z wQ !:::!;C ClIO 9 o ~ z 5' :J ~ 5' g ~ ~ 2! D.. g ~i ~Ql~/ -.- S~ fJ: I!s~ i! ~ I~ ~ l:lU NZ I" < w B Cl -1 Cl li l:J ~ II>! ......... I- Z m I fil 0 < ..,~ ~l; ~ 0 ~~~ 0.. 9 i~ - JlY1S= :!! I 8 ~ ~~s ~~R ~ i .. ~~~ !~ l:l .. i~~ .. i~; ~ ~ ~ i~~ IItN A3ll1OO H'<!llJl ~ m Bs f;ji~ ~ h.. ~ II.. m ~R ~i~ ~ Sl.-3.1tJlS~ II~! .. > " ~;.., b ~i ~n ~ ~ N01S!lNIAIl ~~ i ~~ i III i!l ~ ~i!; i~ ~ i ~ 0.. <( ~ UJ I- - C/) 0.. 4: ~ z o - ~ U o --I .- -. Agenda Item No. 16A2 September 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Trail Ridge", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Trail Ridge", a subdivision of lands located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Trail Ridge". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Trail Ridge" be approved for recording. FISCAL IMPACT: The project cost is $1,715,576.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) - $771,094.67 - $944,481.33 Water & Sewer Drainage, Paving, Grading The Security amount, equal to 110% of the project cost, is $1,887,133.60 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $52,632.28 .'~'_..... ,- Agenda Item No. 16A2 September 13, 2005 Fees are based on a construction estimate of $1 ,715,576.00 and were paRi!Wl2 of 4 July, 2004 and April, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,165.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 5,783.21 c) Drainage, Paving, Grading (.75% const. est.) - $ 7,083.61 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $17,349.63 e) Drainage, Paving, Grading(2.25%const.est.) - $21,250.83 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. . ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Trail Ridge" for recording with the following stipulations: 1. Approve the amount of $1,887,133.60 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department AqellCla Item No. 16A2 . September 13, 20(J5 Pa~.le :1 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Item Number: Item Summary: Rt:comrnelldalio!1 10 appwve for recordintl the final pial ()f Trail Ridge, flpproval of the st;:mdi:lrd torm Construction and Mailltemll1Ci; Agreement and approval olthe alTlount olthe perlormance see-urity 9/13,'20059:00:00 AM Meeting Date: Prepared B)' Dote John Houldsworth Community Of:>velopment & Environmental Services Senior Engmeer Engineering Service&. 7118f2005 2:38:15 PM Approved By COES Enoineering Sendces Director Date Thomas E. Kuck, P.E. Community Development & Environmental Services 7/1Qf200511:18AM CDES Engineering: Services Approved By Date Sandra Lea Executivl'! Secretary Community Development & Community Developl1W-nt & Environmental Services Environmental Services Admin, 7'20/2005 2:09 PM Apl)roved By Constance A. Johnson Operiltion$ Anllly'St Community Development & Community DevelOprt'K'n1 & EnVironmental Services Environmental Services Admin, Dote a1212005 8:46 AM Approved By Community De\lelopmcmt & Envrronmm)tlll S&rviccs Admlnstrator Joseph K. Schmitt Oat. Community Development & Environmfl'ntal Senllces. Admin. Community Development & Environmental Services 812120058:59 PM Approved By Dote OMS Coordinator AdmlOistrntlY0 Assistant County Manager's Office Office 01 Management B. Budget 6!412oo5 6:22 AM AIJI)rOved By Manage~nt & Budget Director Dote Michaol Smykowski Office 01 MBnagernent & Budget 8/5/20054:53 PM County Manager's Ofhce Appr<,,'ed By James V. Mudd Coul,ty Man.ager D.ate Board of County Commissionerll County Manager's Ottice 8/61200510:17 AM NI.(')~ <0... (.000 ..-N~ ci (")- Q.) Z"- ,-ro EQ.)a... Q).o =E ro2 -0 a. CQ.) <lJ(I) OJ < 7MlIl QL """ / "'E- - ~ !l III ;!; ~ ! :! D- ill <( !l UK ~ Z lIWJanlIllBlT1C:> :e 0 - >< ~ I u 0 ..J . ~ OJ ~ a.. <( ~ LLJ I- - en I ~ Agenda Item No. 16A3 September 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Islandwalk Phase Six". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Islandwalk Phase Six" CONSIDERATIONS: 1. On March 14, 2002, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Islandwalk Phase Six". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. The water and sewer facilities have been previously conveyed to Collier County. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. - Agenda Item No. 16A3 September 13, 2005 Page 2 of 5 LEGAL CONSIDERATIONS: The County Attorney's office has reviewed and approved the Resolution. RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "lslandwalk Phase Six" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department - Agencla I:em September Pane COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A3 Recommel1dali(ln 10 grant final approval of the IO<Hlway (priva1e) and drainaue improvements fOl the final plat of IslflndWCllk Phase Six The roadway and drainage improvements will be pr-ivately maintained. Meeting Date: 9.113/20059:00:00 AM PrCllllred By John Houldsworth Senior Engmeer D.te Community Development & Environmental Services Engineering SH'ViceB '1119120059:06:26 AM Approved By ThomBS E. Kuck, P.E Community Development & Environmental Services COES Engineenng Services Director Dote CDES Engineering Services 7119f200511;1\-1 AM Approved By Sandra Lea Executive Secretnry Community Development & Community De\lelopmerrt & Environmantal Services Environmental Services Admin. Dote 7120f200S 2:01 PM A,'provcd By Constance A.. Johnson Opera.tlons Analyst Community Oevelopmant & Community Development & Environmental $&lVlce6 Environmental Services Admin Oat. 8/2/20058:48 AM Apl)rOvcd By JOBeph K. Schmitt Community Development & Environmenta! Services Adminstrator Date Community Development & Environmental Sr"rvices Community Developm&nt & Environment:al Servicos Adn'lln. 8/2/20059:00 PM Approved By OMS Coordinator Admmistrntive:: ASSIstant Dot. County Manager's Office Office at Managenwlnt & Budget 814120056'.22 AM Approved By M!cllotcl Smykowski Management & BUdget Director Dot. County Manager's ()ffice OHice 01 Management & Blldgtrt 615/20054:47 PM Approved By J~lTIes V. Mudd County MiUlager Dote Board 01 Coun1y Comrnis\';ionen; County MaMger's Office 6/BJ2005 1:06 PM !; C")I.(') I.(') ~ <0,,- (000 1YNY:) ..-N-7 Z QC'"l<lJ UJQ Z"- OJ ,-ro t::!<: E<lJa... 000 ~ Q).o 9 ::::E 0 ro2 0: -0 a. ~ CQ) .. ~(/) < a.. <( ~ ~ I lJJ I I- - 10 en CD :;) W ~ l.:I :! ;!< - wi ~ III Ii ~ ~- ~ i U ~ i I ~ ~" Ni; ~ ~ t:l mrv~ lBlTJCQ ~. v:J I ~ ~ ~" I")~= ~~ I ~ ~~= .. ~~; ~~ " 8& - m ~~ l!:~; ~ N m I ", ~I ;:lO b6 ~; UJ - ~ ,!<: Ii 00 !I: 0 [1.-1 ~K ., ~ S11:)J.tU.tUD:llfl.nXI SDI:lDl'.~ st.jUv.I.tR8.lNI .. I- IK .. ~g Ih ""''''JON / - ~ w~ m il. ::~; I m Il ~ ~: ~; CJlIV^"""", >MlO1 IK.. t I~ i;J ! ~ b ~I I:- .. :!w~ i~R .. I~~ I ~ i III "i~~ I; - ~~; ; i m ~::l I~ ~;~ :1 ~ ; a.. <( ~ z o - ~ u o ....J Agenda Item No. 16A3 September 13. 2005 Page 5 of 5 RESOLUTION NO. 05-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN ISLANDW ALK PHASE SIX, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE ISLANDW ALK HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 12,2001 approved the plat ofIslandwalk Phase Six for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Islandwalk Phase Six and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Islandwalk Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same, this _ day of ,2005. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant Collier County Attorney Agenda Item No. 16A4 September 13, 2005 Page 1 of 5 c..,..",,,, EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Islandwalk Phase Seven". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Islandwalk Phase Seven" CONSIDERATIONS: 1. On December 2, 2002, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Islandwalk Phase Seven". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. The water and sewer facilities have been previously conveyed to Collier County. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. .- Agenda Item No. 16A4 September 13, 2005 Page 2 of 5 LEGAL CONSIDERATIONS: The County Attorney's office has reviewed and approved the Resolution. RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Islandwalk Phase Seven" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ,,"_..... - t\gencla Item No 16A4 September 13, 2005 Pane 3 of 5 COLLIER COUNTY BOARD Of' COUNTY COMMISSIONERS Item Number: Item Summary: 16A4 Recomrnendali<ln to grant flnlil approval of the roadwrlY (private) and drainage improvements for the final plRt of Islandwalk Phase Seven. The roadwClY and drainage imprDvements will be privately maintained Meeting Date: 9/13/20059:00:00 AM Prepared By John Hooldsworth Senior Engineer Dote Community De....elopment & Environmental Services Englneering Service. 7/19{2005 9:34:49 AM Appro'Vcd By ThornDS E. Kuck, P.E. Community De~lopment & Environmental 5eNices COES Engineering ServIces Director Dale COES Enginffering Services 7/1R/ZQ0511:19 AM Appro'Vcd By Snndra Lea Executive Secretary D... Community De~lopment & COlllmunity Development & Environnumtal SN....iCGs Environmental Services Admin, 7120120052:06 PM Appro'Vcd B)' Constltnce A. Jol1nson OperiItions Analyst Community Developml.'ll1t & Community Development & En...ironme-ntDI Services Envfronmental Services Admin, Dote Bf2!Z005 8:50 AM A ppro\-'cd B~' Joseph K Schmitt Commurllty Development & Envjrnnm~nttll Services Adminstrator Date Community Development & Environ~ntal Services Community Development & Environmontal ServIces. Admin. e!2f2005 Q:OO PM Approl'ed By OMB Coordinator AdmInistrative Assistant Dote County Mtlnager'!l Office Office of Management & Budget 8/4/2005 e:23 AM Appro'Ved By Micllaol Smykowski Management & Budge1 Director Dote County Mannger's Office Office of Management & Budget 8/5/20054:55 PM Approved B)' J3mes. V. Mudd County Manager D... Bo.ord 01 County Commissioners County Manager'5 Office 818/20051:14 PM ";j"L()L() ~ ~ <{O_ z (,000 0 ... ~ ..-N";j" w- !E o cvi Q.) !::!;c 11)0 Z"- OJ 9 ....ro EQ.)(L ... Q)..Q :;, ~E w ~ ro2 (J ~ "0 0.. (J CQ.) ~ ~(/) <{ a.. ~ <( i'i :E ~ "MNO I LIJ ~ t- - ~ (/) II) 51 0 ~ Ij! :;, "- iii w (J (J :! ;!; - W~ ~ III fl li li I~ i I ~ ~ ~ t Ni; ~ :!: ::l Q:lVfJI1DI tSI"T1:'JO .1II1r.) I ~ ~ ~N "'~ ~~ ~ I ~ ~~= .. ~~; ~~ :: I~ :<1 b ~ ~ m w 1-:- 6 ~ '< I ~ 0 ::li~ n. 9 I b.. , ~- ~ ~~ lil ~~ ~ El'fDJ.KLNI'IXJ..:n::e SOOQMSS'iIId.l.O St -iUV.LRBJ.Jol! ., j~ Ii ., ~g Ui ,"""Oll.Ol< / ___ - ~ ~W~ :!~; t ! _ ~~ ; -~ ~ ~ ~ o ~. - ~~ I i ~ i~R I .. ~~~ ; ~ CIl!V^""""MlCll Ii., ~ 6R i~ ::i; ~ t I~ i~J ! i b ~I III ., i~;\ II - ~~; ~ I ~I i ; a.. <( :E Z o - ~ U o -.J Agenda Item No. 16A4 September 13.2005 Page 5 of 5 RESOLUTION NO. 05-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN ISLANDW ALK PHASE SEVEN, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT TIlE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE ISLANDW ALK HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 26, 2002 approved the plat of Islandwalk Phase Seven for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Islandwalk Phase Seven and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Islandwalk Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2005. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant Collier County Attorney Agenda Item No. 16A5 September 13, 2005 Page 1 of 5 ,........'... EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Escada at Tiburon". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Escada at Tiburon" CONSIDERATIONS: 1. On March 14, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Escada at Tiburon". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. ,-. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. - Agenda Item No. 16A5 September 13, 2005 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Escada at Tiburon" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agellda Item No 16A5 SeptemLJer 13, 2D05 Page :I ot 5 COLLIER COlJl'UY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A5 RecommendaliOn to 91"an1 final approval of the roE'ldWdY (private) end drainage improvemenls tor the final pial of Escada at Tiburon The roadway and drainage improvements will he privately mallltained. Meeting Date: 9/13/2005 9'.00:00 AM Prepared B}' John Houldsworth Community Development & Environmental Services Senior Engineer Date Engineering Service& 1/19f2005 10:40:39 AM Approved By Thomns E. Kuck, P,E. Community Development & Environmental Service' COES Engineering Services Director Date COES Enginf:'erin{J Services 7/19f200511:20AM A)Jllrovcd By Sandra Lea Executive Secretary Community Development & Community Oeyelopment & EnYI(Onmental5l1'rvlces Environmentlll S<orviccs Admin. Date 7f20/200S 2:05 PM Allllroved By Constgnee A. Johnson Operations Analym Community Developmont & Comlnunlty O('v(tlop~nt & EnVlronment.al Services Environmental Serviee$ Admin. Da" 8/2f2005 8:51 AM Apllrovcd By Joseph K, Schmitt Community Developnwnt & Environmental Services Adminstrstor Date Community Development & Environmental Services Community Development & Environmental 5ervicfls Admin. 8/2120059:01 PM Approved By OMB Coordinator Administrntive Assistant Date County Mllnager's Office Office 01 Management & Budgm 8/4/20058:21 AM Apllroved By Michael Smykowski M.onllgeroont & Budget Director Date County Manager's Offi~ amcs 01 Management & Budget 8/5/2005 5:00 PM Approvcd By James V. Mudd County Malinger Date Bonrd at County Comrnis5ioners County Manager's Office 8/8/20051:17 PM m~ LD L[) L[) ~ I IITTT \T I <{ 0,- ; f III I ~~ (jJ 00 T I l'R, .-""'\ .,- N7 ~~ ~Ip 0 (")(1) .. Z .,- en TT E ....ctl wO 150.. t- ~ ~~ ~ E II ctl (1) 9 -0 i5. ) L I I I ..---r C (1) 1\ ~U) I f- <{ I-- I ~ I JI-- / Ii f-- In - )-..' L..-- ~~~ ~ ~ ~ a.. <t ~ ~ IJJ ~ l- I - ~ CJ) ~ I !;: ~ ,I =11 ~~~ I I l - I I II / 1 I ~ ,---,- >- I I I 117 I I I e-e- I-C r~~~'f'r-,~ {)-I -f- I-f- r-::: ) f/i lL>' f- ~ 1'--1 -L~ ~ ~"- ~ 11TT~~~ ~~<j II I I TIT '-J ~I I u~ eHl;:P!O(~~~ % ~ ~ ~Li ~~I 1'IIMI ~ atQIDNITIld-.lJI)dtW ~:I ~ \~i) ~ .. - I~ iii ~~ ~~ ~ ~ ~~ n to ~ !l Ii 6~ ~D !lI ~i I ............ EIIT1:).uI1JI'1lXl.d"JJO~~ ~ 1l-3J.....I.IItElH1 ., Ii ~h 1 I 1 i~ I' I~ """" Ql J.ON / ~ - ~ ~ ~I I:li!ii B Ii n I!., m ~ j 6~ I~ toi!ii " i I ~~! l5 ; ~ ~ f3 a.. <t ~ z o - ~ u o ..J Agenda Item No. 16A5 September 13. 2005 Page 5 of 5 RESOLUTION NO. 05-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN ESCADA AT TIBURON, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE ESCADA AT TIBURON HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 14,2000 approved the plat of Escada at Tiburon for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Escada at Tiburon and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Escada at Tiburon Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2005. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant Collier County Attorney .,,- - - Agenda Item No. 16A6 September 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Prestwick Place", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Prestwick Place", a subdivision of lands located in Section 28 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Prestwick Place". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Prestwick Place" be approved for recording. FISCAL IMPACT: The project cost is $1,199,077 .40 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $476,945.80 - $722,131.60 The Security amount, equal to 110% of the project cost, is $1,318,985.14 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $37,192.34 Agenda Item No. 16A6 September 13, 2005 Fee,s are based on a construction estimate of $1,199,077.40 and were palf(;fi~ 2 of 4 October, 2003. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,220.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 3,577.09 c) Drainage, Paving, Grading (.75% const. est.) - $ 5,416.00 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $10,731.28 e) Drainage, Paving, Grading(2.25%const.est.) - $16,247.97 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Prestwick Place" for recording with the following stipulations: 1. Approve the amount of $1,318,985.14 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department "...-..., Agenda Item No, 16A6 SBPlember 13, 2lW5 P~ge :1 oJ 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A6 Recommellda11On to approve for recording the final flla1 of Preslwick PI<3ce. approval ot1he stalldard lorm COllstruction and Maintenance Agreement and approval at the amount 01 the performflnce seclJrity Meeting Date: 9113t2005 9:00:00 AM Prcllared By John Houldsworth Senior Engmoor Oat. Community Development & Environmental Services Engineering Servicea 7f19f2005 10:48:57 AM Apllroved By Thomas E. Kuck, P.E. CDES Engineering Services mrectof Oat. Community Development & Environmental Services CDES Engineering Services 7119/200511:21 AM AIJproved B)' Sandra Lea Executive Secretary Community Development & Community Development & EnvironnumtalSNllicell Environmental Services Admin. Date 7120/20052:02 PM Approved By Constance A. Johnson Operations Analyst Community Development & Coml11unity Developn'tCnt & Environment..1 Services Environmental Services Admin. Date 8!2{2005 8;24 AM Allproved By Joseph K. Schmitt Community Dellelopment & Environmental Serviccll Admlnstrator Date Community Development & EnvIronmental Services Community DE'velopment & EnvIronmental Services Admin. 6/212005 9:03 PM ApprO\/ed By OMS Coordinator Administrative Asslstr.'"t Dato County Manager's Office Offi(;c of Management & Budget 6/4f2005 6:20 AM Apllruved By Michael Smykowski MAnAgement & Budget Director Oat. County Manager's Office OHlce 01 Management & Budget 8/5/20054:45 PM Allproved By James V, Mudd County Manager Dato Board of County Commisl'>ionera County Manage:r'6 Office 8/8/2005 1:20 PM / WLl)'<:!" ~ <(0 WO ~~" \V OM Z"'- EWo... aJ.D ::::::E Cll2 -00.. eaJ ~(() <( z o w- !::~ enO o -' ~ o " V> ~ ~ nv:.s 01 .LON / ___ - ~ ~ ~~ ~s ~ :! ~ffi ~ ~ ~ ~ ~ ~ ~ ~~~ i~e N > ~;i8 ~~ ~ ~ ~~~ w- Ol:IVhnl'108Yimoo z o' ~, ~do ~,- ~o f:> ~. ", ~d ~; .n ~r b5 w- ~ t;: ..... 00 N ~g ~ n ~ ~~ ~ ~ ~ ~~'-' <~:F~ ~ ~ ~ ~~ D ~~ ~ r ~ ~~ ~ ~ ( j'-c.. '< ~ ~ " :!; ~ ~ ill a.. <( L I.LJ t- - CI) UJ U j II... ><: U ~ l- f/) UJ a:: II... a.. <( L z o t- <( U o -l Agenda Item No. 16A7 September 13. 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Grey Oaks Unit Fifteen". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Grey Oaks Unit Fifteen" CONSIDERATIONS: 1. On March 27, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Grey Oaks Unit Fifteen". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. .- 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attomey's Office has reviewed and approved the Resolution. .,- Agenda Item No. 16A7 September 13, 2005 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Grey Oaks Unit Fifteen" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department - Ageneja Item No. 16A7 September 13, 2U05 Pane :, of 5 COLLIER COlINTY BOARD OF COUNTY COMMISSIONERS hem Number: Item Summary: 16A7 Recomrnendaliof1 ill grllnl final approval of the ro(~dway (~.liva1e) ~nd drainag(l improvements for the final plat of Grey Oaks UnIt Fifteen. The roadw8V and drflil'lf'llJt! improvements will be privately maintained Meeting Date: 9/13120059:00:00 AM PrelJarcd By John Houldsworth Sanior Enginoor D... Community Development & Environmental Services Engineering Services 7/10/20052:49;37 PM Approved By Sandra Lea Exocutlve Secretary Community Development 8. Community Development & Envirommmul Services Environmental ServIces Admin. Date 712012005 2:04 PM AI)pro\'cd By Thomas E. Kuck, P,E, Community De~lop/Tlellt & Environmontal Services COES Engineering Services Dlre('Jof D"" CDES Enginflerlng Services 7(29:2005 6:08 AM Approved By Constance A. Johnson Oporations Analyst Community DGVelopment & Community Development & Environmental Services Env\ronrnental Services Admin Dirt. 8/2120056:28 AM A(lprOved B~' Joseph K. Schmitt Community Development & Environmental Servioo!; Admlltstrstor Dirt. CommunIty Development & Environmcn1i11 Services Community Development & Environmental ServicDii Admin 812/2005 9:04 PM AI)llfDVcd By OMS Coordinator AdministraUve Assistant Date County Mllnager's Office Office of Management & Budget 8/4/2006 B:20 AM AI)fml\'cd By Michael Smykowskl Management & Budget Director Date CQunt}' Manager's Oft'lce Office of Manllgame-nt & Budget 8l5l2V05 4:43 PM Approved B~' James V. Mudd Board 01 County Commissionerii County Man<lger 0"'. County Man~ger'$ Office 618J2oo5 L23 PM - t'-L[')L[') <(0,,- (,000 ...-N"<t c>MClJ Z"'- en '- CO EClJQ.. Q).!:I .::::E co2 "00.. C ClJ &0) <( ,.,"'" Q'f'0l:! '!IMll1:'Ld - S31dYN "" "10 III 6 l \ ~~ i~d. \\\ en ;'5 uzQ \: 0 s~.~~~"J ~ ~ :rr.':lS OJ lON / ~ - _1Ii1OOII ~ ~ ~ g 1 ~ ~ I i " s ~ ~ . ~ ~ ~~ ~ ~~ E I ~ ~ ~ ~ i Ii. ~w i ~ ~ ~~ .-~~ 2~~ ~ ~ I' N ~ ~ ~ => ~ ~ ~ S Ii r! I-Z "'1 00 w- -,!;( 00 :;:3 ~~d ~ re ;;; :;:w " .~ ~ ~ ;~ ~ . \ '" 8 ~ ....,. NWS<lNW1 t i~ I I> I L.L. II) ~ _~O~ a~ d ~> l1. . "' ~1- "' ~ 11.1" II( fu~ o . ~(j Z ~~ Ie I 1'N>OO1~ "." N ~I :;; (WI"n11MU NWfV.L ~- a.. <( ~ I.LJ J- - en ~ W l- I!. ii: I- Z ::J Cl)i ~ o. >-' wi 0:. \I). a.. <( ~ z o - ~ U o -I Agenda Item No. 16A7 September 13, 2005 Page 5 of 5 RESOLUTION NO. 05-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN GREY OAKS UNIT FIFTEEN, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE GREY OAKS HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 14, 1999 approved the plat of Grey Oaks Unit Fifteen for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Grey Oaks Unit Fifteen and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Grey Oaks Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2005. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant Collier County Attorney Agenda Item No. 16A8 September 13, 2005 Page 1 of 5 -- EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Islandwalk Phase Three". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as IIlslandwalk Phase Three" CONSIDERATIONS: 1. On August 8, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Islandwalk Phase Three". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. - 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. ~ Agenda Item No. 16A8 September 13, 2005 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "lslandwalk Phase Three" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department --- - Agenda Item No. 16A8 September 13, 2005 Page 3 of5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16AB Recommf.!'nda1lOn to grant final approval of the roadway (pIiVilll')} tmd drainage impro....ements 10r the finel pial of lslandwalk Phase Three. The roadway and dralnage improvements will be privately maintained 9/13/20059:00:00 AM Item Number: Item Summary: Prellared By John Houldaworth Senior Enginoor Date Community Development & Environmental Services Englnll!lering Services 811120062:34:12 PM Approved By Sandra LeD EKecutive Secretary Community Development & Community Development & Environmental Service51 EnvironrMnt.1 Sorviclts Admin. Date 8/1120053..15 PM Approved By Thomas E. Kuck, P,E. COES Engineering Services Director Date Community Development & Environmental ServicoD COES Engin[l(,Oring Serviens $(1/2005 3:37 PM Approved By Constance A. John$On Operations Annly1lt Community Developmen1 & Community [)eveiopmen1 & EnvironmentaI5e-fvicell' Envlronment.tl Serv~ces Admin, Date 61Z/200S $:25 AM Approved By Joseph K. Schmitt Community Development & Environmental ~rvices Adminstrator Dnte Community Development & Env~ronf'\'l(!lntll Sarvlces Community Development & Environl11enta;! Sefvice$ Admin. 612,'ro05 9:04 PM Approved By OMS Coordinator Administrative Assistilnt Oat. County Mllnager's OffIce Office of Management & Budget 8/4120058:19 AM AI)prllvcrl By Mich9<!11 Smykowski M.anagement & Budget DlreC1:or Date Count'{ MlInager's Office Office 01 Management & Budg~t 8/5120054:57 PM Apllroved By James V, Mudd Soard of County Commissioners County ,",anDger Date County Manager's Olfioe 8f8f2005 10:26 AM -- co L() L() <(04- WOO ..-N'<j- ci C'? <D Z"- Ol ...ell E<Do.. OloO ==E ro$ -0 0. 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I II il' ~ """"""'" .... , .. . , ;.;1i. .;;..,.....~ Agenda Item No. 16A8 September 13,2005 Page 5 of 5 RESOLUTION NO. 05-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN ISLANDW ALK PHASE THREE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR TIlE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE ISLANDW ALK HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 26, 1999 approved the plat ofIslandwalk, Phase Three for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Islandwalk Phase Three and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Islandwalk Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2005. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant Collier County Attorney - - ,- Agenda Item No. 16A9 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of sewer utility facilities for Grey Oaks Unit 14 OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the Sewer facilities. CONSIDERATIONS: 1) The Developer of Grey Oaks Unit 14, has constructed the sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on March 27, 2001. Final acceptance is in accordance with Ordinance 2001-57. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water- Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project will be connected to the Regional Wastewater Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the sewer facilities for Grey Oaks Unit 14, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, EngineerinQ Services Department Agenda l!em No 16A9 September 13, 2005 P~ge 2 of 3 COLLffiR COUl'\TY BOARD OF COUNTY COMMISSIONERS Item Number. Item Summary: 16A9 Meeting O.te: Rec:ommendation to Approve Final Accepi~nce Of Sewer Utill1y Facilities For Grey Oaks Unit 14. 9/13.'2005 9:00:00 AM Approved By Thomas E. Klick, P.E. Community Oovolopment & Environmental Se-rvlces COES Engill0fl'rlng Services Director 0... CDES Enginee.ring Servicel5 7118/2005 10:29 AM Approved By St6phen L. Nagy Wastewater Collections Manager 0... Public Utilities WuteWnter 7{291200S 7:53 AM Approved By Roy B, Anderson, P.E. Public Utllitief> Engine:r-erfng Dir~ctor 0'" Public Utili!i" Public Utilities EngineerIng 813(2005 1:14 PM Approved By Const,mce A. Johnson Opertrtion6 Analyst Community Development & Community Ocvttlopment & Environmental Services Environmental ServiCftIl Admin. Oat. 8J4/2005 10:57 AM A pproved By Sandra Laa: Executive Secn:nary Community Development & Communit)l Development & EnviroolTlGntal Sorvlces Environmental Services Admin. Date 81412005 11 :02 AM Approved B)" JOBcph K. Schmitt Community Development & Environmental Sarvloo5 Admins.trator Date Community Development & Environmental Services Community Delo'elopf1ll!lnt & Environmental ServjCe6 Admin. 8J5J2005 9:15 PM A I)proved By OMB Coordinator Administrati....e Assistant Dot. County Manager's Office Office of Management & Budget 819/20057:49 AM AJlproved By Michael Smykowllk! Management & Budget Director 0... Coun[y Mann~r's Office Office of Mal1&gel'Tlent & Budget. 6'15'200512:33 PM Approved By James V. Mudd COlln[y Manager 0... Bonrd 01 County Commissionc!lTS County Manager's Office a/151:20Q51:15 PM Cl)L{)C") <X: 0,- <000 ...-NC") cicv)aJ Z"- OJ ,-CO EaJ(l. aJ.!:l ==E co2 -00- CaJ &(1) <X: ~ ! .J ; I , ~ I ~ i ",.,.01..... / ~ - _1IirnOII ~ ~ f - ..- V.lJMI ~ ill I ~ I G I iii:l !ill; ~ ,~ ~i~ ~i~ t)z t.'l ~ ~ wQ ,~ 00 lEg Q.. <( x: !I Z 0 i - ~ U 111.. 0 OIU !" PI ~ i~ E ....J i !u= ... ~I (l.t1rf\)1MU.. l Q.. <( x: l.LJ t- - en :!t ~ ~ i Agenda Item No. 16A 10 September 13, 2005 Page 1 of 3 -- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Ibis Cove, Phase 2-C OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Ibis Cove, Phase 2-C has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on 11/25/2003. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. ~ 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assista,nt County Attorney, Thomas Palmer. ~ STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Ibis Cove, Phase 2-C, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt. Enoineerino Services Department Item Number. Item Summary: Meetin9 Date: Agenda Item No. 16r,1 0 September 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1SA10 Recommendation l"O approve final ilIc(:eptam;e of water end sewer ulilily (adlitie5 for Ibis Cove, Pha6e 2-C 9/13/20059:00:00 AM CDE.S Engineering Serl/ices Director Date Approved B~' Thomas E. Kuck, P.E. Community Development & Environmcntal $e-rvlC$:B CDES Engil'KtOrlng Sendee, 7/18/200!l10:30AM Pamela Libby Water Operations Mnnager Dat. Approved By Public Utilities Water 7f19r2005 10:18 AM AplJrond By Paul M<attausch Public Utilities Water Director Dn. Water 7119/20053:58 PM D"'. Approved By Sandr<l Lea Executive SfWretary Community Developmmnt & Community Developmont & Environmental Services EnvIronmental SerViCfl$ Admin. 712012005 2:14 PM A pprovcd By Stephen L. Nagy Wastewater Collections Manager D." Public Utilities WasteWater 7129/20057:53 AM Dat. Approved By Constance A. Johnson Operations Analy$f Community Development & Comrmmity Oe-velopment & Environmental Services Environmental &rvices Admin 8/2120058:44 AM Roy B. AndortiOfl, P.E. Public Utilities Engineering Oiractor Dat& 613120051:15 PM Approved By Public Utilities Public utiliti~5 Engineering AIJpro't'ed By Joseph K. Schmitt Community Development & Environmental Serv~8$ Community Oe...~lopment & Environmenh\1 Services Admin!J.tratQr Community Oe...elopment & Environmental Services Admin. Dat. 8/5120059:17 PM Administrative ~8siStllnt Date Approved By OMB Coordinator County Manager's OffJe" Office of Management & Budget effi/2005 7;48 AM MichaelSmYKowski Management 8. BudQlll1: Director D'" Approved B)' County Manag./lr's Office Office of Manag~t & Budget 6IHif2005 12:16 PM Appro,'cd By JarneE: V. Mudd Boa.rd of County Comlnisaional'8 County M.mager D... County MBnllger's Office SN512Q0512:U PM 0.rJC") ..-0,,- <(00 CONC") ~Mal O~Q') Z,-CO wo.. 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(AKJ) lMM!W i ~ ~ u I n. ~ %: Z o - ~ U o ..J Agenda Item No. 16A 11 September 13, 2005 Page 1 of 3 - EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Escada at Tiburon OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Escada at Tiburon has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on August 2, 2002. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. - 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Escada at Tiburon, and release the UPS to the Project Engineer or the -- Developer's designated agent. PREPARED BY: Tonia Leavitt. Engineerino Services Department Agencla Item No. 16/d 1 - September 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS hem Number: ttem Summary: 16A11 Recommendation to approve final acceptance of water and sewer utility fecilities for Escatla at Tibulon Meeting Date: 9/1312005 9~OO:OO AM Approved 8)-' Palllela LIbby Water Operations MatlQger n... Publlc; Utilltie. Water 7/19/2005 10:1Q AM Approved By Thomas E. Kuck, P.E. COES Engln&erlng Servk:&s DirectoJ 0... Community Development & Environmental Service$ COES Engineering Services 7119/200511 ;18 AM Approved By Pnul MattaUiich WllterOirnctor Date Public Utilities Water 7119/~005 3:51 PM Approved By Sandra Lea Executive Secretary Community Development & Community Oevl!tlopment & Environmental Ser..,ices Environment",l Service$ Admin. Oat. 7120/2005 2:13 PM Approved By Constance A. Johnson OperaHons Analyst Community Development & Community Del/elopment & EnvironrTlCn1al SarI/ices Envlronlt'Wnt.! Servicel Admin, Date 8/212005 8:45 AM Approved By Roy B. Ander1lOfl, P.E. Public Utilitios Engirocring Director Date Public UtftlUes PubUc Utilities Engineering 613120051:16 PM Approved By Jos.~ph K. Schmitt Community Development & Environmental ServiC$9 Adminstr..tor 0... Community Development & Environme~1 Services Community Development & Environmental Services Admin. 6/5120059:19 PM Approved By OMS Coordinator Adminlstr.tive Assistant n.,. County Manager'a Office Office of Manag0ment & BUdget 6/9/20057:47 AM Aplml'Yed By Michael Smykowski ManageJ'oont & Budget Director 0"'. County Manager's Office Office of MAnagement & Budget 6115r2005 12:39 PM Apprond By James V. Mudd County Manager 0... Board of County Commissioners County Manager's Office 6115/2005 LID PM ~ A JTITT I I I \ I -~~ ...- 1.0 C"") i mil Ir":il "'-0,,- vr <(00 coNC"") i3 .. ...- - I I I I l-!;( .C"") (1) 0"- OJ ~ mO ZL..m 9 E2O- I I I r--i (1)E ::::(1) J\ mo. J "0(1) "-- ~U) - .I ~ 0> <( - - - ::ElB ~ r-- ':l! - " / - "OlI ~ a.. <t :J: ~UJ -~ !:: CJ) I = -l=~~~ "TIT II I II '(j , ~ n I ;=;::::: ~ = (C..,'J.,E8 W-v' r= :u:::::f I- H-- I- - ~ ~ 1= I- .......... ::IY II--t ~ f- ~ ~~~) ~ ~ TTII '- = 11-; ~0. ~ ~~ Tnll II ~I~ ~ aH~n: i7101~~~\\ ~l --I ~ ~ ~ i ~ < ~ Li ~I ~; ~i ~ I~ !l ~a "":II"'Ll"" / E- - ~ ~ ~ m ~~ s. ! IK .. IK.. ~Il lllii I:lii !~ ~ii I ~ I I " at ~ alV.LlWiWl1 IIIIT1D ..uIUI"IXI "rD!J m:av. ~ I u! I 1 I I !~ I' IB a.L - a.LV.taEUN! .. UK I Ii! ; ~ I a.. <t :J: Z o - ~ u o ..J Agenda Item No. 16A 12 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Terracina at the Vineyards OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Terracina at the Vineyards has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on July 17, 1998. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. .- 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Terracina at the Vineyards, and release the UPS to the Project Engineer or the Developer's designated agent. - PREPARED BY: Tonia Leavitt. Enoineerino Services Department AgencllJ Item No HiA 12 September 13, 2005 Page 2 01 3 COLLIER COUNTY BOARe OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A12 Meeting Date: Recommendation to approve final ac<:eptanc:e of water and sewer utility facilities fur Terracina atthe Vineymds, 9/1:1/20059:00:00 AM Approved By Pamela LIbby Water Operations Manager Date Public Utilities Wate, 7(14120057:26 AM Approved By Paul M.tt1ausch Water DIrector Do" Public Utltltft Water 7114120059:15 A'" Approved By Sandra Lea Ex.,eutivl!l SltCretary Dol. Community Developn'\ent & Community Development & 7120/2005 2:16 PM Environmental Services Environmental Services Admin, Approved By Stephen L Nagy Wastewater CDllections Manager Date Public Utilities WasteWater 7129120057:53 AM Approved By Roy B. And~raon. P.E. Public Utilities Engineer~ng Director Dol. Public Utilities Public Utilities Engineering 61312005 1:15 PM Approved By Constance A John$On Operations Analy9t Dale Community Development & Community Development & 8'.4'2005 1Q:64 AM Environmental Services Environmnntal SerViCtiJ'8 Admin, Appro\'ed B~. Joseph K. Schmttt Community Development & 001. EnVironmental Services Adminstra10r Community Development & Community Ot!vclopmsnt & 8/8/2005 2:36 PM Environmental Serv~ces Environmenti'd Services Admin Approved By OMS Coordintrtor Adminhittntive Assistant Date County M:;lOlt9f/!". Offic. Office of Msnagemont & Budget 8/912005 7:48 AM Allproved By Michael Smykowski Management & Budget Director Dele County Manager's Offic(!: Office of M8na~ment 8. Budget 6J15!200512:34 PM Approved By Jarron V. Mudd Courrty Manager Dol. BOllrd of County 611512005 1:3J PM Commissioners County Manager's Office ~l! " "~u t !! ~~ gQ ~ ,!< II 00 :[9 NJ.{)(V) .-0_ <(00 CON(V) .- . . (V) 0.> 0.-0) Z,-ro 0.>0- E..a o.>E :::::0.> roc. "Do.> 1i5U) 0) <( z wQ !::!< mO 9 III III ~ III c:I ; _Ana ~ i;1 B ~H~l ~l LJ N~ I IR ~ I~ l'J ............ ~ I ~ ~I fIi~! I ~= l! ~I; ~i~ I Ii ~ IImJ.JWl'lXl. ~ 4131 IICIlQI ID/OlD ~ II I~ G ~ ~g nil!! Ii ~I iU N I') ~ tll'(i\JlI1OII NVe01 I ,. c:I """"'01_ I ___ - ~ "11':1 i ~ I; ~ ~ ~ a GII; II ~;I; ; ; gN ~ I _tonlOIIlMlO1 QA.-' WWWIiI VlHYI Ii.. II HR I~ ~i~ I m ~Ji l'Ji~ I 1l~1LLV.18lalN ~ I ""'" NClIM>>Wl L !~ ~ !{ i a... <t ~ lJJ I- - C/) I ~ ~ I Q. <t ~ z o - ~ U o ....J Agenda Item No. 16A 13 September 13. 2005 Page 1 of 3 .",...- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Tiburon Golf Course Maintenance Facility OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Tiburon Golf Course Maintenance Facility has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on April 28, 1999. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water- ,'-'. Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Maintenance Bond 15-008- 484 in the amount of $3,147.20, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The cost of operating and maintaining the water facilities will be paid by monthly user fees in the County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attomey, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Goveming Board of the Collier County Water-Sewer District, accept the water facilities for Tiburon Golf Course Maintenance Facility, and release the UPS to the Project Engineer or the Developer's designated agent. ....-..... PREPARED BY: Jodi Pannullo, Administrative AssistantlEnoineerino Services Item Number: Item Summary: Meeting Data: As:lenda Item No 16A13 ~ September i 3, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A13 Rp.(~mmend8tion to approve final acceplance' at water ulllity t~cifilies IOJ Tihuron Golf Course Mainlp.mJnt;t FACility. 9/13/20059:00:00 AM COES Engineering Services Dlrllctor 0... Approved B)' Thoma!! E. Kuc.k, P.E. CCllnmunity Oeveloprmnt & EnvirOt'lrml'ntal Ser....ices CDES Engineering Servfctl's 81"il/2005 8:22 AM Water Operations Manager Oat. Approved B)' P.omela Libby Public Utililiett w..., 81912005 1:20 PM Paul Mattlluseh WatGr Director Oat. Approved By Public Utilities W.1ter 8'10/200510:31 AM Approved B)' 0... Sandra Lea Executi....e SecrE>tary Community Development & Community Development & Environmental Services EnvIronmental Services Admfn. 8111/20059:2& AM Approved By Public Utllitkts. Engineering Director Date Roy B. Anuetslon. P.E. Public Utilities Pul'JIl(': Utilities Engineering 8/1112005 4:45 PM 0'" Approved By Constance A. John80n Operatiot'lS Analyst Community Deyelopment & Community DevelopnWll1t & Environmental Services Enylronmental SerYlces Admin. 61f2l2oo5 9:04 AM Joseph K. Schmitt Oate Approved By Community Do-yclapment & Environmt!lntal Servi~81i1 Community Development & EnvlJonmental Services Admin.trntor Community Development & Environmental Servicf!P> Admin. 8/13120057:41 PM OMB Coordinator Administrative Assistant 0_ Approved By County Manager's Office Office of Management & Budget 8116120059;13 AM Mark 1'Klickson Budget Analyst 0_ Approved By County Manager's Office- Office of Management & Budget 8/16/2005 12:37 PM Michael Smykow$ki Management & Budget Director Oat. Approved By County Manager's Office Office of Management & Budget 6J18r200511:47 AM Apllroved By Leo E. Ochs, Jr. Board of County Commisl!lion0" Deputy County Man4g6r 0_ County ManOlger's Office 8t18f2UOS 2:15 PM Zx ~!!? =r< ::''' ~ ~ i 5 (V)I.[)C") .....0_ <(00 (DNC") ..... . .C") (l) 0..... en Z,-t1l EjgQ.. (IJ E =0) t1la. "O(IJ ~CI) en <( SO~V.GNlt\ ,,- R""O UVltfGSTON ROAD FlORlO~ POMJI. . UGHT EASEMENT FlOFllO..... pov.rn. '" UG1-!' EASf\lOll flOR\Op., ~~ &; UGtH EAsalDH a.. ~ ~ -------- ---------.- f1,.0Rl0" POV/ER .... UGtlT EASBoIEN1 Q < o --------------- Ii ~ I..LJ t- en ~ 0( " Z 0( U ~ ~ ~~ii ~oe u <t u. I I- 11VOS Ol J.Ot.- / Z- z - <( ::E Z 0 ~ ~ w 0:: ~ ~ ~ ~ ~~~ aa~ => ~ lD ~- < ~E~ ~ ~~~ i= ow^""""''''''''' ~ 51 0; B ~ ~ ~~ :~ ! Q !~ I ~ ~~... ~~ ~ oil ~ ~~ I 0<0 ~n ~ r > ~ ~c ~3 8 HI a.. ~ ~ ~ ~ ~ ~ Z 0 ~~~ :l - ~~e t- ~ (~tlf-n) U CWOtIVNI11I'\d'".uIOI:QI,IY 0 ~ ...J ~~ ~ ~~~ ~ ~~ 0'- ~ 11.. ~~ 0... ~ ~~ _0( 02 ~ ~ill~ N ~~e ~ ~ :'? u ~ Agenda Item No. 16A14 September 13, 2005 Page 1 of 4 c- EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Fiddler's Creek Phase Four, Unit Two", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Fiddler's Creek Phase Four, Unit Two", a subdivision of lands located in Section 14, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99~ 199. CONSIDERATIONS: - Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Fiddler's Creek Phase Four, Unit Two". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Section 10.02.04. Engineering Services Department recommends that the final plat of "Fiddler's Creek Phase Four, Unit Two" bespproved for recording. FISCAL IMPACT: The project cost is $1,283,515.33 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $651,732.00 - $631,783.33 The Security amount, equal to 110% of the project cost, is $1,411,866.86 The County will realize revenues as follows: - Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 - Engineering Project Review Revenue generated by this project: Total: $40,080.46 Agenda Item No. 16A 14 September 13, 2005 Fees are based on a construction estimate of $1 ,283,515.33 and were paf(jl~ 2 of 4 January, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,575.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 4,887.99 c) Drainage, Paving, Grading (.75% const. est.) - $ 4,738.37 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $14,663.97 e) Drainage, Paving, Grading(2.25%const.est.) - $14,215.13 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Fiddler's Creek Phase Four, Unit Two" for recording with the following stipulations: 1. Approve the amount of $1,411,866.86 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. .,.,........ PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Aaenda Item No. 16A14 , September 13, 2005 Page 3 of 4 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS Item Number. Item Summary: 16A14 Recommendaiion to approve f(lr rftcnrdlng the final plat of Fiddlers Creek Phase Four, Unit Two, approval 01 the standard form Construction ilnd Mail,tenal1ce Agreement and approval of the amount of the performance security Meeting Date: 9/13120059:00:00 AM Prepared By John Houldsworth Senior Engineer 0'" Community Development & Environmental Servlcea Engineering Servle8Jl 8111/20053:29:18 PM Approved By Sandra Len Exet.uUv(!. Secretary Community Oewlopment & Community Development & Environmental S&rvices Envirol1mental Services Admin. Dol. 8/11f2005 3:40 PM AplJrnved By Thomas E. Kuck, P.E. Community Developnwmt & Environmental Services CDES Englnetl'ring SeTlilc4!ls Director Oat. CDES Engineering ScrvlcH an 1/20053:45 PM AIJproved B" Constance A. Jollnson Operations Analyst Community Development & Community Dewlopment & Environmentsl Se-rllicetl Environmental Services Admin. Dote 8J121200!5 9:30 AM Approved By Joseph K. Schmitt Community Development & Environmental Services. Admin$1fa1or Community Development & Erwironmenul Services Admin. Oat. Community Development.\ Envitonmental Services 8/13120057:49 PM Approved By OMB Coordinator Administnrtlve Asoilistant 0... County Manager's Office Office of Management & Budget 8/1612005 9:15 AM Apl)rOvcd By Michael Smykowski Mtu1agement & Budtlet Director Date County Manager's Office Orrice of Mnnagerrnmt & Blldget 8/1612005 9:23 AM AplJroved B" James V. Mudd County Mantrger Date Board of County Commissjoners County Manager'$ Office 8/16120054:29 PM vL()v ..-0_ <(00 ~N_V . M (I) o ..- OJ Z....co E2Q... (l)E :=:(1) co- -oC!. e(l) (1)(1) OJ <( o ~ :::;! ~~:i t:lo~ 5~~s ",>- .., ffiffi~~ S~~:J ~L'" -'" i:i 5~ JII.... o::Z ~:> gri G:6 Q~ lljl# ~f f I!i 8~ "'w w'" ..'" gg: I!i 8 IE a. 8 a.. <( ~ LLJ I- - en o ~ I- !2 ::l D:: is u. IIJ (/) ~ ll. ~ u !() ~ c Q u. " N ~ ~ ~ ~~ ~" ~f ~ " a.. N <( ;li ~~[ :!1 ~ j:~'"" Z .......':) 0 - .. ~ ~ i u ~[ 0 < ....J " ;J ~ N Q~ ~m ~f 3'1Y:>S OllON / ~ Z- ;;; !'! Agenda Item No. 16A15 September 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Mallards Landing at Fiddler's Creek". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Mallards Landing at Fiddler's Creek" CONSIDERATIONS: 1. On August 29, 2000 the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Mallards Landing at Fiddler's Creek". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. ,,,,,-. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: ,,- The County Attorney's Office has reviewed and approved the Resolution. Agenda Item No. 16A 15 September 13, 2005 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Mallards Landing at Fiddlers Creek" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ......'".. AQenda Item No. 16A 15 , September 13. 2005 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Oate: 16A15 Recommenda1ion 10 91 ani final a-pproval of Ihe lO(idway (private) and drainau~ impro....ements for the ftnal plat of Mallards Landing at Fiddlers Creek.. The roadway and drainage improvements will be privately main1ained. 9/13'20059:00:00 AM Item Number: Item Summary: Prepllred By John Houldaworth Senior Engineer 0... Community Development & Environmental Services Eogineering 5e-rvicea 8111120053:38:59 PM Approved By Thomas E. Kuck. P .E. Community De-Vt!'topment & EnvironmllrrtAl ServlC8s CDES Engineering Services Director Oete COES Engineering Services 8M 1f200S 3:46 PM Approved B~' Sandra Lea. Executive secretary Community Development & Community Development & Environmental Services Environl'1'l0nttll Services Admin. Date 8/11J2005 3:52 PM Apllroved By Constonce A. Jolm5on Opctraions Analyst Community Oe...elopmenf & Community Ocvclopmcm & En."ironmental Service. Environmental Servltell Admin. Oet. 8/12/20059:54 AM Approved By Joseph K. Schmitt community Development & Envlronmontal Services Admlnstrlrtor Community Oeve-Iopnwnl & En\lironlT~ntal Services Athllin. 0... Community Development 8 Etwlronm(!:ntal Services 8/13f20051:54 PM Approved By OMS Coordinator Administrative Assistant 0'" County Manager's Office Oftic(! of Management & Budget 8/16/20059:15 AM Approved By Mark Isackson Budget Analyst Oet. County Manager's Offjc~ Office of Management & Budget aNai2005 12:49 PM AplJroved By MlGhael Smykowaki Mart4gernent & BUdget Director Date County Manager's OffIce Office of Man.aQ8ment & Cudgel 8'16/20051;37 PM ApprO'\!cd B)o' James V. Mudd County Manager Oat. Board of County Comm;ssloners County Manager's Office 6116f2005 5:12 PM L.()L.()U") ~8o ~"':'7 .C'? (l) or-OJ z:....ro E15o... (l)E ==(l) ro- ue. c(l) (l)U) ~ ~ ~ ""OS OUON / __ - --- ;;; o ~ ;;; ~ ~ ~ Sa ~g~ ~ ~ ~~~ N n" n.. <( :.E: W I- - C/) m v U) ifi ..J o e LL. I- <( CI:I ~ U) ~ ~ ::E: n.. <( :.E: Z o I- <( U o ...J Agenda Item No. 16A 15 September 13, 2005 Page 5 of 5 RESOLUTION NO. 05-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN MALLARDS LANDING AT FIDDLER'S CREEK, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE MALLARDS LANDING AT FIDDLER'S CREEK HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 14, 1999 approved the plat of Mallards Landing at Fiddler's Creek for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release ofbis maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Mallards Landing at Fiddler's Creek, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Mallards Landing at Fiddler's Creek Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2005. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant Collier County Attorney Agenda Item No. 16A 16 September 13. 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve an exception to the sidewalk requirements in the Glen Eden on the Bay PUD and accept a payment in lieu of the sidewalk installation OBJECTIVE: To approve an exception to the sidewalk requirements in the Glen Eden on the Bay PUD and to accept a payment in lieu of sidewalk installation. CONSIDERATIONS: On January 26, 1999 the Board of County Commissioners approved Petition No. PUD 98-9, Ordinance No. 99-3 known as the Glen Eden on the Bay PUD. The PUD Master Plan included a right-of-way cross section which included sidewalks. The vast majority (98.4%) of the residents of Glen Eden on the Bay have requested that the sidewalks not be installed in the neighborhood. Based on the low density and isolated nature of this gated community, the Engineer of Record has substantiated that sidewalks are not a necessity. The developer has agreed to make a payment to the County's Pathways Fund in lieu of constructing the sidewalks within the subdivision. FISCAL IMPACT: .......-... The County will realize revenues as follows: Fund: Transportation Services Gas Taxes Agency: County Manager Cost Center: Vanderbilt Ped Bridges, Project #60033 Revenue generated by this project: Total: $51,750.00 GROWTH MANAGEMENT IMPACT: There are no growth management issues. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this exception. RECOMMENDATION: That the Board of County Commissioners approve the exception for sidewalks within Glen Eden on the Bay and accept the "payment in lieu of' with the following stipulation: Payment to Transportation Services shall be made within 10 days of this approval. ~ PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16A16 September 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A16 Recommendation to approve an exception to the sidewalk requirements in the Glen Eden on the Bay PUD and accept a: payment in lieu of the sidewalk InSlallation 9113/20059:00:00 AM Senior Engineer Date Prepared By John Houldswol1h Conununlty Oe....eloprnent & Environrtlcntal Sflor....ico. Engineering SOrvlOO5 6115(2:0056;47:58 AM 0... Approved By Constance A. Johnson Optl'rations Analyst Community De....eloprnent & Community [k!ye.lopment & E.nvironlTK)ntal Services Environmental Services Admin. 8n5l2005 6:48 AM Approved By COES Engineering ServlCR Director D... Thomas E. Kucl\., P.E. Community Development & Erwironmentnl Servicol5 GOES Enginflering Stlrvicn 8115/20059;20 AM O;1te Apllrovcd By Sandra Lea Ell.ecutivl'! Secretary Community Devellopment & Community Devl!Iloproont & Environmental Services Environmental Services Admin. 8115120059:38 AM Appro\lcd By Date Jotleph K. Schmitt Community Developnte'nt & Environmental ServlcfHlI CommunIty Development & Environmental Se-rvices Adminstrator CommunIty OevelopllWlnt & Environmental ServiCfls Admin. 8/1512005 2:00 PM Adminlstr.crtive- Assistant Dole AllprCl\lcd By OMS Coordin.ator County Manllger'~ otfige Office of Management & Budga1 81161200Jj 9:18 AM Accounting Supervisor Date ApprO\led By Sharon Newman Transportation Services TransportatiOll Administration 8(17/2005 2:44 PM Date Apprond By Trinity CaudUl-Scott Transportatloll Services Project Manager Tranflportatlon Engineering & Construction Managc:une-nt 8/17120052:46 PM Mark Isackson D... AI)proved By County Manager's Offil;e Budget AnlllyfJt Office of Management & Budget 8/17120055:15 PM Apprond By Sus.Qn Usher County Manager's Olfic:e 0... Senior Management/Budget AnOllyst Office 01 Management & Budpet 6/181ZOG5 11:36 AM Michael Smykowskl M...nagement & Budget Director Date AIJprO\'ed By County M:;wnager'B Office Office of Managermllt & Budget 8/18120054:56 PM ApllrO\'ed By Leo E. Ochs, Jr, Board of County Commil.sioners Deputy COlmly M..nOlQer D... County M~nager'8 Office 6123f2005 12:30 PM I D Z -n~-1 " 0 0'0 !). w- 1-1;( WJ1 rno 9 >- <I: ID / -.- ~ 3'lY':)S 01 .iON Z - 0 Z UJ -t;5 fa (""l ~ ~~~ I-Gl't'" lH';)rl3d ~- n~~ ;~ COL[)("") ..-0_ <(00 CON("") ..- . ("")iJ) 0"- OJ Z....co 0.)(1. E..o iJ)E :!::iJ) coo. "OiJ) ~(I) OJ <( m d >- '" ~ ,.. " '" ::J I " :;;: I 8 o " (loe '~ro) YlltlO 11)Sij3(lN't^ a.. 4: ,.. ~ "' m w L1J w g I- " a " - 8 en ~ .~ i ~~ z .~ ~"'" m ;:) ~ ~ ~~ n~ a.. 0 h~ U " 4: w ~ W and G'v'Oij 3ll3lOOOO -' ,..,. "'" ~8 ""l Z <~ 0 - I- 4: u ~>-~ 0 ~~~. {U.B,"1~ ...J ,......- ~i m~ GULF OF MEXICO EXECUTIVE SUMMARY Agenda Item No. 16A 17 September 13, 2005 Page 1 of 15 Recommendation to approve an Agreement for Sale and Purchase with Ross W. McIntosh, as Trustee, for 4.95 acres under the Conservation Collier Land Acquisition Program, and 1.826 acres for Transportation Right-of-Way, at a cost not to exceed $844,000. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Ross W. McIntosh, Trustee, for PR/L Northwest Land Trust (Seller). CONSIDERATIONS: On March 22, 2005, Agenda Item 16A9, the Board approved an amended Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle II - Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Seller's parcels contain a total of 6.78 acres and is located on the northwest corner of Pine Ridge Road and Logan Boulevard. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $830,000 was based upon the average of two independent, state-certified general real estate appraisers. The Transportation Division is partnering with Conservation Collier on this purchase. Transportation is acquiring 1.826 acres which includes existing and additional rights-of-way for Pine Ridge Road and Logan Blvd. Based upon the two appraisals, Transportation will be paying $118,017. Conservation Collier will pay the balance of$711,983 for 4.95 acres. The Seller will ,-' sign two deeds at closing, one for Transportation and one for Conservation Collier. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by Seller, the County will pay Seller $1,000 in liquidated damages. The CCLAAC approved this transaction on August 8, 2005, and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. ,"""-" FISCAL IMP ACT: The total cost of acquisition will not exceed $844,000 ($830,000 for the property, $6,500 for the appraisals, approximately $2,500 for a Phase I Environmental Audit, approximately $5,000 for the title commitment, title policy, and recording of documents). Funds in the amount of $725,900 will be withdrawn from the Conservation Collier Trust Fund (172). Funds for the Transportation portion will be withdrawn from Transportation Gas Taxes and Transportation Road Impact Fees in the amount of $118,100 ($118,017 for the right-of-way and $83 for recording of documents) from the Santa Barbara Boulevard (from Davis Boulevard to just north of Pine Ridge Road), Project #62081. Source of funds for the Transportation portion are Gas Taxes and Road Impact Fees. As of August 9, 2005, property costs for Conservation Collier properties, including this property and those under contract, total $34,114,633. ,-' EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - McIntosh Tr. Page 2 Agenda Item No. 16A 17 September 13, 2005 Page 2 of 15 GROWTH MANAGEMENT IMP ACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002-63. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement and accept the Warranty Deeds once they have been received and approved by the County Attorney's Office; and 2. Authorize the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize the processing of related vouchers and Warrants for payment; and 4. Authorize the recording of the deeds and any and all necessary documents to obtain clear title to the property; and 5. Approve any necessary budget amendments. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist Real Estate Services / Facilities Management Department Conservation Collier Land Acquisition Program Project Design Report Date: August 8, 2005 Agenda Item No. 16A 17 September 13, 2005 Page 3 of 15 COnservation Collier Mcintosh Trust Location Map lWGA~~ Dfl. PIHERIOGE ROo 1J'TM /lV!S#I c air;:',. Gunh} -.'-""-- . ...........- Legend. Mcintosh Trust w+. . - Collier County Roads OWNER IZ.=a RossWMcll1toshiruSl& , 820 Feel Folio Numbers: 38391000008 38391080002 011.. u.rc-.:Pa"llt. e.'tl.r,C'Ull1fPn~..tty~'I'II..r er._d_)': 0111 CDft '1"......111 SttvN:.. lkIC.....I'\'dI.. c.lln tOlI\ 15Q1tlMelntltlllNclltt.,Il1."l'(1II G:lCl..,RHI.. C.llt, 1012\ IIIau.tclll1,.IIWClh'IIh'.1t1 OIin:t.".n Pronertv Owner: Ross W. McIntosh, Trustee, PRL Northwest Trust UTD 04/01186 Folio(s): 38391000008 and 38391080002 Location: North Golden Gate Estates Unit 34, Tract 15 and part of Tract 16, located on the northwest comer of Pine Ridge Rd. and Logan Blvd. Size: 38391000008 - 4.68 acres -less ROW of 1.476 acres 38391080002 - 2.10 acres -less ROW of .35 acres 6.78 acres - total ROW= 1. 826 acres -1.826 ROW 4.95 Total purchase for Conservation Collier AnnraisallOffer Amount: $830,000 Ristorv of Proiect: Agenda Item No. 16A 17 September 13, 2005 Page 4 of 15 Received Selected for the Approved for Purchase offer Offer Accepted application "A" category, purchase by made to owners #1 priority, on BCC the Active Acquisition List by CCLAAC 6/30/05 2/14/05 3/22/05 7/8/05 7/20/05 Purpose ofProiect: Conservation Collier Proeram Qualifications: This parcels fulfills program qualifications by satisfying 4 out of 6 applicable screening criteria, though 2 of those were satisfied only minimally (human social values and biological values). These criteria include presence of unique and endangered plant communities, access for nature based recreation, enhancement of the aesthetic setting of Collier County, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity and restoration potential. The property contains native habitat, specifically cypress/pine/cabbage palm forest, though it is heavily infested with Melaleuca. Access exists from Pine Ridge Road and Logan Blvd, though there is no curb cut or area to park a vehicle at present. This parcel will enhance the aesthetic setting of Collier County once restored, as it is highly visible from a main road. Mapped soils on this parcel are 100% hydric slough soils. This parcel will provide on-site attenuation of floodwaters as it is currently doing so. Lower Tamiami aquifer recharge capacity is high at 21" to 102" yearly. This property may provide habitat for small listed species such as amphibians or snake species, however none were observed. A number of federally listed plant species were observed on the property, including 4 orchid species and 2 bromeliad species, however these species are likely to be lost after removal of exotics as they require the current light conditions to survive and these will be altered by restoration. This parcel does not buffer, link or provide a corridor to other conservation lands. Restoration would include removal of invasive exotic plants and potentially, though not necessarily, replanting with native species. This property does provide green space for a section of the County in which no other purchases have been yet made, satisfying the Conservation Collier ordinance instruction for geographic distribution. See the Initial Criteria Screening Report for full criteria evaluation. Proiected Manaeement Activities: Projected management activities will include removal of invasive exotic plants and posting signs identifying it as Conservation Collier preserve lands. Future activities could include development of a seasonal trial, to be determined at preparation of the final management plan, within 2 years. Minimal maintenance activities, like trash removal and trail maintenance can be accomplished using both contracted and Volunteer labor. The Logan Woods Santa Barbara Civic Association has already expressed interest in volunteer activities and The Golden Gate Estates Area Civic Association was supportive of its purchase and may be interested in providing some volunteer assistance. ttem Number: Item SUmrnllry: Meeting Date: Agenda Item No. 16A 17 September 13. 2005 Page 5 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A17 Recomm~lldali<1O 10 appro\le an Ag'eemtlnt for Sale and Purehase with RmH; W. Mcintosh, as Trustee. for 4.95 acres under the Conservation Collier land Acquisition Program. and 1.826 acres for Transportation Right-of-Way, at a cost not to exceed $644,000. 9/13/2005 9:00:00 AM Senior Property Acquisition SPflciaHst oats 8f9J2005 11:39:11 AM Prepared By Cindy M. Erb Adminlstulti....e Services Facilities Management Real Estate' ServlcK Manager Oat. Approved By Charles E. Carrington, Jr., SRMlA Administrative ServtCt'l$ Facilities Managen"l8nt 8191200512:55 PM Oat. Apllrm'ed By Constan~ A. Johnson Operatlonli Analyst Community Development & Community Development & Environnwrrtal Services En....irornnent.\ Sc!-rvices Admin. 61912005 2:30 PM Approved By Oat. Sandra Lea Executive Secretary Community o"'~eloprmJMt & Community Development & Environmental Ser'o{ioell Environmental Services Admin. 819/20054:15 PM Approved By Environmental Servlce& Director Date William O. lorenz, Jr" P.E.. Community Development & En\'ironmental Ser\'k:M Environmental Services 819/2005 5~24 PM Lisa Taylor ManagementfBudget Analyst Date Approved By Transportation Services Transportation Administration 8/1012005 8:34 AM Approved By Skip Camp, C,F.M, Adminifitrative Se-rvices Facilities Ml'Inagernent Director 0... Faclll1:ieli Management 8/101200512:57 PM Senior Environrnent(ll SpeeitlUst Date Approvcd By Alexandra J. Sulf!'cki Community Dewlopment & Environmentlll Sorviceti Environmental Servictla 8110(20051:40 PM Sharon Newman Accounting Supe-rvie.or Date Approvcd By Transportation Service! Transportation Administration 8112120059;21 AM Norm E, Feder, AICP TramlpOl'tation Di...jt;lon Adminltltr~tor D.te ApprO\'cd By lral1sportmion Ser...iceii Tral'\5portatlon Services Admin. 8115120051:21 AM Kevin Hendricks Date Approved By Transportation S-ervices Right Of Way ACQuis.ition Manager Transportation Engineering and Construction 8/16120054:29 PM Appro\'cd By Joseph K. Schmitt Community DfW.elopment & Environmental Servioes Community Oe...elopm0nt & Environmentlll Services Adminstrlltor 0,,. Community Oevelopl'ncnt & Environmental Services Admin. 8J17I2.005 7:21 AM OMS Coordinator AdministrativQ AS81~tant 0... Approved By County Manager's OMce Office 01' Manag~ment & Budget 8/1712005 10~OB AM Mark I~ackllon Budget Analyst 0'" 6117/200511 :57 AM Approved By County Manager'. Office Office of Managl!lment & Budget Approved By Suun Usher County Manager'. Office- Sl!Inior Managementl8ud~t AnalYfl Oat. Office of Management & Budget 61241200510:46 AM Michool Smykowski Manage.rnant & BUdget Director Date Approvcd By county Manager's otftce Office 01' Manag8mffnt & Budget 8/31/200511:43 AM Approved By Jame$ V. Mudd Board of County Commlssioner$ County Mtma~r Oat. County Manitger's OfOC0 8/31/20051:46 PM CONSERVATION COLLIER Property Identification Numbers: 38391000008 & 38391080002 Agenda Item No. 16A17 September 13, 2005 Page 6 of 15 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ROSS W. MCINTOSH, AS TRUSTEE OF LAND TRUST DATED APRIL 1,1986 AND KNOWN AS PAIL NORTHWEST LAND TRUST, whose address is 720 Goodlette Road North, Suite 303, Naples, FL 34102-5656 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shalf sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shalf be Eight Hundred Thirty Thousand and No/100 Dollars ($830,000), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shalf be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seifer shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shalf cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Two Warranty Deeds (one for Conservation Collier, and one for Transportation Right-of-Way purposes) in favor of Purchaser conveying 1 Jik CONSERVATION COLLIER Property Identification Numbers: 38391??oo08 & 38391080002 Agenda Item No, 16A17 September 13, 2005 Page 7 of 15 title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance undelWriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deeds. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (AL T A Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the 2 ~ CONSERVATION COLLIER Property Identification Numbers: 36391000006 & 38391060002 Agenda item No, 16A 17 September 13, 2005 Page 8 of 15 Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller 3 ~ CONSERVATION COLLIER Property Identificetion Numbers: 38391000008 & 38391080002 Agenda Item No. 16Al? September 13, 2005 Page 9 of 15 in writing of its specific objections as provided herein Within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. TERMINATION AND REMEDIES 8.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 8.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon One Thousand Dollars ($1,000.00) shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 11.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 8.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. IX. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 9.01 Seller and Purchaser represent and warrant the following: 9.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks 4 ~ CONSERVATION COLLIER Property Identification Numbers: 38391000008 & 38391080002 Agenda Item No. 16A17 September 13. 2005 Page 10 of 15 required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 9.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 9.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 9.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 9.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 9.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 9.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any. is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 9.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 5 0-< 1--" CONSERVATION COLLIER Property Identification Numbers: 38391000008 & 38391080002 Agenda Item No. 16A17 September 13, 2005 Page 11 of 15 9.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 9.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 9.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 9.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the .Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 9.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ('SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 9.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. X. NOTICES 10.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, or by fasimile, with written confirmation of transmission, addressed as follows: It to Purchaser: Alexandra Sulecki, Coordinator 6 ~ CONSERVATION COLLIER Properly Identification Numbers: 38391??oo08 & 38391080002 Agenda Item No. 16A 17 September 13, 2005 Page 12 of 15 Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr, Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 With a copy to: Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 If to Seller: Ross W. Mcintosh, Trustee 720 Goodlette Road North, Suite 303 Naples, FL 34102-5656 Telephone number: 239-213-1425 Fax number: ~ ."2.~--,. t~2<:::- 10.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such information, unless and until such written notice is received, the last addressee and respective address and number stated herein shall be deemed to continue in effect for all purposes. XI. REAL ESTATE BROKERS 11.01 Any and all brokerage commiSSions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XII. MISCELLANEOUS 12.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 12.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits, 12.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 12,04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 12.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 7 -;;b- CONSERVATION COLLIER Property Identification Numbers: 38391000008 & 38391080002 Agenda Item No. 16A17 September 13, 2005 Page 13 of 15 12.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 12.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 12.08 Seller is aware of and understands that the .offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 12.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIII. ENTIRE AGREEMENT 13.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: q\ \~) 05 I AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk FRED W. COYLE, Chairman 8 U-t I - CONSERVATION COLLIER Properly Identification Numbers: 38391000008 & 38391080002 AS TO SELLER: DATED:~~ 2 2c~ WITNESSES: , ; CI~ s~ /fn4ef c fl. 0'erc... ~~ gnature) ~ff ~~\~ (Printed Name) Approved as to form and legal sufficiency: fILe) CLdAvrLA ....Ellen T. Chadwell Assistant County Attorney Agenda Item No. 16A17 September 13, 2005 Page 14 of 15 - BY: t 7Z~~ ROSS W. MCINTOSH, as rustee of Land Trust dated April 1, 1986, and known as PRlL NORTHWEST LAND TRUST 9 A Agenda Item No. 16A17 September 13, 2005 Page 15 of 15 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 38391000008 & 38391080002 LEGAL DESCRIPTION: All of Tract 15, Golden Gate Estates, Unit No. 34, in accordance with and subject to the plat recorded in Plat Book 7, Page 23, Public Records of Collier County, Florida. And South 150 feet of Tract 16, Unit 34, Golden Gate Estates, according to plat thereof recorded in Plat Book 7, Page 23, of the Public Records of Collier County, Florida. Conservation Collier - Mcintosh Trust 'tt Agenda Item No. 16A 18 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Clermont at Pelican Marsh, Phase Two OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Clermont at Pelican Marsh, Phase Two has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on July 28, 1998. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. J",.-...... 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $5,621.94, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer - facilities for Clermont at Pelican Marsh, Phase Two, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services ttem Number: _ Summory: MootinG Dale: Agenda Item No. 16A18 September 13, 2005 Page 2 ot3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 161118 Rec:ommendl!lltlon to Ipprove final Icx:eptance of water and .ewer utility facllitln rur Clermont It Peticf'm Mar..l'1. Phn>>e Two, 9113/20059:00:00 AM 0... Approved By Thorna.. E. Kuck, P.E, Community Oevetopmem & EnvlronmllnUlf Sorvic", CDES EnGlno8ring Sorvlc.a Djructor coes Englnoerlng SorvllUtl BIll/lOOS 3'S3 PM Approved By Pamela Libby Public: UtlIIt... W..ter OperltlQn. Manager Wlter 0... 818/2005 1 :20 PM Paul MatuUllch Wa1er Oir1tQtor 0... 8/10120015 10~29 AM Approved By Public UtIlities W....r Approved By S.,dral.. EleCU1i~e S.cr.ary Communtty Development: & Community Octvelopment & Environmental Sorvlc.. E'wltonmentalServieu Admin. 0... 8111/2006 9:29 AM Approved By Dot. StQphen L NMgy Public Utlllt.,.. Wutewater Colleotlon$ Manlg.r WasteW.tlltt &J1212001!'i 6;57 AM 001e A,Jpro"ed By Constonce A. Johnaon Operat1ont Analyst CommurU1y Dev"lopment& Communit)l OeWlfopl1lllnt& Environmental Servlcos EnvlronrtlfJontal8of\ricu Admin, 8/12/2005 9:G1 AM Approvcd By Public UtUltiD' EngineerIng Oil'eCltor 0... 8/161200611:21 AM RoyS, Andctl'flon. P.E. PubliCI Utllltlea P\.IblJe Utlllti.. Engin..rlnG 0... Approved By JOIoph K. Schmitt Community DoveIopment & Envlronment81 SMvIQeSll Community [)evelopnwm & EnvlronmttntaJ Servlcea Admin,trator Communky O.'Jelopment a. Environmental Service. Admin, 8/1712005 7;28 AM AdmlnlatrlllUve As.l.tam 0... 8117/2001S 10:09 AM Approved By OMS Coordl~f)r County Manager'. OffioQ OffIclt 01 M.IU1~emont & BudQOt 0... Approved By Mark laack.on County Manager'. Office Budget Aruuyst Office of Manllgement & Budget 8117/2005 12:1Z PM Dot. Approved By Mlch.1 Smykowakl County Mllnager'a ot'I'lce Managemat"ll & Budgdt DlrltCtor omce of MlIlnGlg"me-nt & Budget 611812000 8:11 AM Dot. Approved By Leo E. Oeh., Jr. Board 01' County Commlaalonere: Oeputy County Manager County Manager', Office 812212005 5:~1 PM COL.OC") ...-0_ <(00 CONC") ...- - C").O,) 0"'- C) Z....ro O,)Q. E.c ,2lE -0,) roo.. "co,) ~CI) C) <( 0; ~ ,. ~ " ~ 31r.lS ouo. I - "E- 1L.>>'I.LhI....N1 -= -B-!I S]W'l-.1-IS1W. lit ~ t I ~ ---. ~~!~ J-:::f\ ~,;r--;- - ~ ~~R ~ g I _ H18:" ..~ II. ~';! i I~fi ~ Jf' III. .1 I' :: iii II II ~~,~ i ie ~ ~ ~~ __~oJ""md .--OOAD S ;_ ~I ~~I .--{~ ~~ ! 1i ~ ~ I:! ~:?'ff ~ ~ h1J~: il ~ b Q ~~~ ~ ! i~ - m 'i~ n ~~J!L i;:? 'I ~l J ~ . ~ I- ! ! ~ ~ n ~~ iF Ii \ h ~I i~~ ~ ~ .-~i:l_ ~~ I ~ l---!~ ~i~--E] ~ \ I 11, l!~l!!IIl .I \ ! Il,3 II.~ Ii II :1. ~ 1& II ~ ~ ~t 11 n , m ;1~; 15 N ~ I \ Hi II / ;: II - ~ I i~ r-~. g F~~ !~L~ ~i~~, ~1lIf - bin 11 ~~I\ ~~i Z \ I ~i m /~-h~1 I. ~) ~\ I~ 0 : ~ ~ 5~F"= \ J.:;B I ... /I r II l '"'" OV.. 3U71_ ,.,.,. DO< I~~---t... ---I~~A : _ ; ~~ 'l I ,(",",oJ -Anloo-... ~~p ~ ~ ~ftU~~i b l~ ~ I~ >i~l LN ~i! Ii itCol.I~, ;; ~~!;r;~ fg '" "II/~~/ ~~~ i~ U ~ \ ~. '" ~~ ~ r ~ ~~ l~G~ ~ 0 I .). \ I Z 1 J -l~ ...J Iii! ! i~ !I! Mi~j Ii )k.: !I.I(:';!-'T~jJ, i'L . ~~, ~ '~ ~ ~ ~ hV~~~ ~ ~ ~ ~~ ~ \~ Ii ~ ~!~~ I~-Pl=~~~~ i\ 1 ,~ ~ ~ ~ ~ Ign["'j"~'" li,~...Nl n_~ IIII~I~ .Iuu~u~-", (....r, " "'-../ ~:I: ~~" ~~ ~ t I r,.dn ~ Cl ; ~i; <c ~ '\ LU-~~)\o .:=..-:---,~ CULF OF MEXICO u! c.. <( ~ UJ .... - CJ) ~ II. ~ ~ ~ II. I- oCI: I- Z ~ ~ -At e /lIiL JJkM Ala - /hlf/~ :sepl-e~ /3 (:z;r~- -y C -::0..". .",., ty M e m 0 ran d um ENGINEERING SERVICES DEPARTMENT To: Collier County Board of Commissioners From: Tonia Leavitt, Engineering Technician Date: September 8, 2005 Subject: Clermont at Pelican Marsh, Phase 2 Executive Summary Enclosed is a replacement for the backup regarding Clermont at Pelican Marsh, Phase Two,ltem16A18. CC: Jim Mudd, County Manager Engineering Reading File Phone: 659-5758 Fax: 530-6201 ~ ~~fY) ,,~~ ...~ 'M ~--(Y) ~ ~QJ ~ ~t ~VJ ~ ~ I ~ ~ ~ ~ 2 ~ CO ~ ~ I v> <r ~ ~ 2 ~ U W " \<;;lnO (}\l8)1N"l;lj 3W;)S OJ 10N / - z- lil" 3.l.lflSl:l3.1Nl ~ ~~~ 2~~ ~~~ I I :~ I" I' o 18 I" I~ I~ 18 :~~ :35 I r GULF OF MEXICO UJ I-- - (/) ~ Q. :x: en a:: oCl: :E Z oCl: u :J ~ I- oCl: !z o :E a:: U.I ..J u! a.. <( ~ z o ~ u o -.J " Agenda Item No. 16A 19 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Clermont at Pelican Marsh OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Clermont at Pelican Marsh has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on April 2, 1996. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. 50061167 in the amount of $4,266.50, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Goveming Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Clermont at Pelican Marsh, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services Item Numb.r: ..... .u"'"'"'Y: MHllng 0*: Agenda Item No. 16.0.19 September 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD or COUNTY COMMISSIONERS 16.0.19 Re<lommendlltlon to approv. finsl loceplanclt of iNltlter find I.ewer utility facllhletl for Clermunt at PelicM Mlrlh, 9/13120059:00:00 AM Dole Approved By Thomu E, KLICk, P ,E. Community Development & t,wirormlltntlll Servic.. COES EnglrtMrlng Servlc.. Director COES Englneerlnu $ervlcH 8191200l18:22 AM Dole Approved By PQ"*a Libby Public utllltiH Wat..r Operl'llon, M.Nlgef Water 8IQ1200!i 1 ;21 PM PDU! MDl:t.u.oh Water Director 0... 8110/200S 10:26 AM Approved By Public Utllitie, WIt.r Approved By Sandra LGlI h.wuti\ltl hafMlry Community OCltVfllopmGlnt a. Community Dov~opment 5. Environmental $ervleet Environmental &ervlt..Admln. Dale 81111200! 9:32 AM Approved By Stephen L. Nagy Public Utllltiet, Wa~ater CollectJon* M.n.ager WasteWlter 0... 81121200& 6:57 AM Approved By Date Conatarwe A, John.on Operation. Analy.t Community Dewlopment & Community O.....lopm.nt & Environmental SlIrviceI ErrYlronmont.t Sorvle.. Admin. B/1VZOO6 9:09 AM Roy 8, Andel1lion. P.E. Public UtIllU., E.ngl.....ring Olre<:tor 0'" 8/16/200611;22 AM Appro\'ed By Public Utllltlrn Public Utillt... Engineering Approved By JOllIe-ph K, Sehmitt Community Development & EnvirontfMntal Service. Community D....lopment & EnvironrMnltll Sorvleo. AdminltrDtor Community Oevelopment & EnYlron~nt..1 Service. Adm.n, Dote 8/17120057:29 AM D... Approved By OMB Coordinator County Manager" orrico Admlni.tratlvlll Anl.tant Offtca of Man..goment & BUdget I/17J2005 10:OW AM 0... Approved By Mark ISGcksOl"\ County Manager's Ofnu Budgftt Analym Office of M.na~ment & Budget 8/17/%005 12:19 PM Appn>Ved By Mlch_1 Smykowski County Manager'. Office MllfUtgGment & BUdgat Dlrllctor Office of M..,.gelTNtnt & Budget 0... 1118120015 8:261 AM 0... Approved By leo E. OchlJl, Jr. Board of County CommQlslonerlll Deputy County Manager COUnty Mtnage:r" Office 8/18120053:05 PM O'lLOC"i .,...0,,- <(00 \l)NC"i "'":C"'im 0"'" OJ Z....ro mQ.. E.o mE :!:::m roo. "Om a3UJ OJ <( ~ < ::a ""OS Oi "ON / "'"E- - It~U'W.I.hIU~ '" Ul ~~- ~E! ~ . GULF OF' MEXICO 0.. <( :E: UJ I- - CJ) il5 ~ ~ ~ li- I- ~ I- ~ ~ 0.. <( :E: Z o !;i u o ...J Agenda Item No. 16A20 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Fiddler's Creek, Phase 2-A, Unit 2 OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Fiddler's Creek, Phase 2-A, Unit 2 has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on November 20, 2001. Final acceptance is in accordance with Ordinance 2004-31 as amended. ' 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attomey's office for legal sufficiency. ,.,,,-,, 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 1 0% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by -Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer ,- facilities for Fiddler's Creek, Phase 2-A, Unit 2, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services hem Numbw: 110m Iummory: MMtlng Da.: Agenda Item No. 16A20 September 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMtSSIONERS ,wo Rec:nmmendation to Ilpprove flnat .cc:eptlnoe or wllter .nd ,swer u1i1ity facillttes for Fldd.rs Creek, Phlle Z.A. Unit 2, 9113/2Q05 9:00;QO AM CDes Englnoerlng S.,....iQe. Dir.ctor 0... Approved 8y Thorn.. E. KUQ", P.!. Community Development & t:nvtronment.ll Sorviool coes Englnl!l6rlng Servlcot 81912005 8:23 AM W.ter Operatlonlll Manlgor 0'" 81if2006 3:36 PM Approved By PamcDltl Libby Public Utllttlet W.htr Paul Mattausch Wmr Director 0.. 8'101200510:25 AM Approved By Public Utllitin Water Approved 8y 0... Sandra La Executive Secretary Community OllVOlopment & Communtty lnvllloprnent & Environmental SetvICfl Env1ronment.af eervlce8 Admin, 3/11120059:35 AM Approved By Stephan L. Nagy 0'" Public Utllltkle Wa81'ewM.r Collectlona Managar W..teWatlu 1112120056:57 AM Date Approved By Constance A, Johnson OperMiDt'IS AnalYlt Community Development & Cmnmunlty Developn'lfJl1t & Environmental Servieo. Envlronma-11UI1 Borvlow. Admin. &t1V200& 11;11 AM AplJroved By Roy e, Andel"'lon. P.E. Public Utilltlilll Public Utmtlel Engineering Diraotor Public Uti flU.. EngineerinG Date 8118(200611:22 AM Approved By Date Joseph K. Sc.hmitt Community Development & Envlronmemal Servl~. Community Oe".lcpment & Envlronm.,tal Service. AdmlnBtrator Community Development.. Environmental Servjc.. Admin. 8117120067:31 AM Adm~nhltratfv" Anl.tant Date 8f17f200610:10 AM Approved By OMS Coordinator County ManAger'. Offioe Offlce of Manlgement & Budget Budget Analywt Date Approved By Mark luck.on County Mln.9"'" Omca omce of Mln~g..m.nt a. B~ld,,&t 8111/2005 12:22 PM Date AplJroved By Michael Smykowlkl County Manager'. omc. M.Ill14gement & Budgert Dir.ctor omoe 01 M4n~gltm.nt & Budget 8118120068:20 AM Date AplJrOved By Leo E. Ooh., Jr. Bo.ard of County Commissioners D.puty County Manager County Manage,', Office 8/18120053:07 PM OU)C"') z 0 ~O_ w- OO ....!< l;ONC"') aio ~(")Il) 9 0..... C) Z.....ro 1l)Q.. E.c Il)E ~ ::::Il) roc. ~ 'Oil) g ~U) 15 ~U~ C) i Q.. <t ~Ii~ ~~~ <t :!: UJ I-- - C/) ~IL -"i~~ ~~~ -~ N ;~ ~ ~ I N lH ~ 7l'l':lS OJ. J.QtII / .- iE - ~ u j;l 1'i ~ fI) 1'i ~ 1- Z 00 w- ..,!< 00 h_ a:o 0..-, ili ~S Q.. <t :!: ill U~> Z 0 - ~ ~ ~ ~ U 0 ..J Agenda Item No. 16A21 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Fiddler's Creek at Deer Crossing OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Fiddler's Creek at Deer Crossing has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on July 19, 1999. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. - 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of Performance Bond No. 35000034 or Cash Bond in the amount of $12,463.00, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer - facilities for Fiddler's Creek at Deer Crossing and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services Item Number: 110m '.""""ry: Meeting D..: Agonda Itom No. 16A21 September 13, 2005 Page 2 013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A21 RtulOmmendtUion to ft~prove final .cceptanoe of water and &ewet utility facUitlea for F~ddlefll Crttlk 81 eeer Cro..&ill\J, ./1312005 .:00:00 AM 0'" Appr...d By ThonUI8 E. Kuak, P.!. Community Development & EnvlronlN'ntal StrvlCH CDE$ Engl......ring S.,,,lc.. Director COES Engi"eoflnQ krlflCfl 81&1200l5 8:23 AM Approved By Water Opcl1ratlont MllUlegor Oil. P.rmI. LIbby Public UtIlltIH W"'r BIIll2008 3:36 PM WaterClrector 0... 8110/200510:23 AM Appro".d By Paul Matt.uac:h Public UUlItI" W..r Dato Approved By Sandra Loo heculiv. Se<:ret.ry CommUf1lty Development & Community Oo-'lIClopmont & Envlronment.1 Servlen Envlron.,..nt,J Servlows Admin, 8/11/20059:37 AM Approved By Stephen L Nagy Wa8towater Collection" Manaoer Oil. Public Utlllti.. WatteW_.r 8/12120068:58 AM 0'" Approved By Con.ataflO('! A. Johnson Opeurtlonl Analyllt Community Oev61opment & Community Oe......lopn"'"t & Environmental Scrvlc" El1l,'lronnvmtal Services Admin. 8112120059:14 AM AllprO'Yed By Roy B. Anderlon. p,e, Public Utilltlel 0'" Public Utllltl". En;lllCHtring Director Publlo Utllltl.. En9illMflng 1!16!200! 11:25AM Apl)rOvcd By 0... Jonph K. Schmitt Communtty Dew-Iopment & Envlronmerrtal Servloet Community D8vltlopment & Envffonmcmtal Service. Adminstrbtor Community O...,.lopment & EnvlrDnmental S\n'vloe. Admin. 6117120057:32 AM 0... Approved By OMS Coordinator County Manager" OffIoGt Adminlst:ratlveA..I.t..nt OffIce or Management & Budget 8/171200510:10 AM MArk ISACkson Hud91't AnIIlyct 0... Approved By County Manager" Office Otrlee of MIIRlo-ment & Budget 8/171200812:28 PM AplJroved By M~chllel Smykowaki County MlM'lAQer'. Office MlIln8:gement &. BudOtt Dlrtctor 0... 8118/20088:30 AM Offlee or Managernent & Budget Oeputy County Manager 0... AlllJrond By Leo E. Och.. Jr. Board or County Comml..lone1"l County Ma",*ger's Office 8118/2008 3:" PM X33!C S,~TJ(]OI, .,...L{)C"') " i~ NO_ <(00 ~~ili~ 0" 1il CONC"') U~~ .,... - . C"') Q) 0"- C'l "152: Z'-CO i:'!,",~ Q)Q.. E.D Q)E ==Q) ~ coo. ~ "CQ) a: ~U) .. ~ ~ C'l ~ <( e; ~ ~ 0 u a.. ~ 2; <( u ~ UJ I- - en ~ (I) 31r.)$ OJ. J.0frl / I:- ~ - I- oe( ;;; ! ~ Ol ;;; ~ 0 5 ~ ill h ~f III U~N a.. <( ~ Z o ~ u o ...J Agenda Item No. 16A22 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Isla Del Sol at Fiddler's Creek OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Isla Del Sol at Fiddler's Creek has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on April 20, 2001. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. ,_. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 1 0% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer _ facilities for Isla Del Sol at Fiddler's Creek, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services It.m Number: Item _ry: _8 Dote: Agenda Item No. 1M22 September 13, 2005 Paoe 2 ot 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A22 Rltc:ommend.tion to epprove 1inalaocetptanclt of 'MIter .nd ,swer utility fllCllitlH for lala Del Sol It Fiddle", Creek, 9113120059:00:00 AM CDES EnginMrlng ServlClel Olractot 0... Approved By Toomo E. KUQk, P,e., Community Ollvolopment & EnvironlTWnt81 Ser....lclll. coea Eng~""rlng 8ervlcOl af9/2005 8:24 AM WatlDr Operatlontl Mamlger 0... Approved By Pamela Libby Public Utllltletl w..... 819/2000 3:37 PM P..ul Matt.wch W.terOlrCKltor 0... Approved Bf Public UtIlftl., WIIt.r 8110/200610:22 AM Approved By 0... Sandrtl Leo ex.tUllve Secretary Community Ocwalopme/'tt & Community Oewlopn'l(l!nt & Environmental Sel'Vlee. Envlronmtntal $ervln..Admln, 8111{2oo5 9;.3 AM Approved By Stephen L. Nagy Public Utilities Wlll..tllWat~r Collections Manager 0... Wa8teWater 8/1212005 6:59 AM Approved Bf 0... Conahmce A, Johnson Operatlo"1 Analyst Community Olll.....lopment & Communl1:y Development & Environmental SorvlcQI EnvlronnHtnt., Sorvlct!. Admin. 8/1512005 1:19 p~ Approved By Roy B. Ander.on, P.E. Public Utllrtl.1 Public UtllltllDf. Englnc:tOring Director Public Utlliti.. En;inMflno 0... e'16f200S 12:26 PM 0... Approved By JClsltph K. Sehmltt Community Dewlopment & Environmental a8t'viae. Communhy DeveloprTHInt & Environmlln'l..1 krvlo.. Adminatrator CDmmunlty Development & Environmental Sorvlce. Admin. 8'1712005 7:33 AM Adminlltratlve Assl.tam. D.tIe 8'11(200610:11 AM Approved By OMS CDordlnator County Manager's Offi~ OffIce- of Management & Budg. Mark I.ackson 0... AplJrOved By County Ma"a~r'. Offl~ Budget Analys1 001c:. of MGn:tgemctnt & Budget 8117 t2005 12 :3& PM M1e~ 5mykowakl Approved By County MDnngllr'. Offlc. Management & Budget Olr.Clof Orflce Df Management & BUdget 0... 8'1812000 8:26 AM Appro.cd Bf Leo E. Dahl. Jr, Board of County Commlnlone'" Deputy County Manager 0... County Manager'. Office 8116120053:03 PM NL()C"') NO_ <(00 CONC"') .,... . C"')O) 0"'" OJ Z,-ro O)Q.. E.c O)E ::0) roo. "00) ~U) OJ <( ~u~ ~U; !i'",~ I~i~ ~i~i !i'~" -~ ,1\'OS Q1'ON / __ - --- ;;; ~ ~ 0; ~ ~ e~ ~f ! ill n~N a.. <( ~ UJ I- - CI) '" - OJ >oN _ N Hi a: u U) ~ ~. I- <[ ~ ~ ; a.. <( ~ Z o I- <( U o -l Agenda Item'No. 16A23 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Fiddler's Creek at Mallards Landing OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Fiddler's Creek at Mallards Landing has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on August 30, 2000. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. _. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer - facilities for Fiddler's Creek at Mallards Landing, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services twm Number: !tom 8ummary: _log Dote: Agenda Item No. 16A23 September 13, 2005 Page 2 01 3 COLLIER COUNTY BDARD OF COUNTY COMMl8SIONERS 16A23 Rec:ommendfltlon to approve fin_I loottptance of water end 1ftWel' untity 1.oilltle61or Flddlelll Creek at Mailarets Landing:. .,13/2005.:00:00 AM CD!$ EngllllH'ring Sorvlc.. OI,..lJ.tOf Data Approved Bf ThOmas E. Kul>>c, P.E, Community Dcwolopment.. Environmmtel S.rvlo.. COES Engineering Sefvlce-. 81'912006 8;24 AM Water OperlUons Man."... Data Approvcd By Pamela Libby Publlo Utllltift w..., 819/2006 3:37 PM PlIIul Matt.uaeh W.ater Director Date 4/101200510;%1 AM Approved By Public UttlttfH Wate, Date Approved Bf S.ndra Lei e...eutive Secretary Community Development" community O.....lopment & Envlronment.1 Set'Vlees E.nvlronnwntal $ervlowa Admin. 1/11/2005 9:4& AM Approved By Stephen L. Nagy WalJ'tO'WlIler Collection' Man.r o.t. Public Utllltl.. WasteWater 81121200! &:58 AM DIM Appro....d By Con,t.nee A, JohnlJOn Operllth:",,, An.ly. Community' Development & Community DeveIOflll'lent.. Environmental Services E.rwlronme-ntal Service. Admin. 811212006.:24 AM Apprond By RDY B. Anderlon. P.E. Public Utllltl.. Publ~c Utilltle. EnglnMrlng OII'Qctor Public: UtUtlles Engineering Dote 8/10faooS 12:26 PM Jo..ph K. Schmrct DaIo Apllrond By Community DeveloprT'lllnt &. EnVlronlTllfntal &ervlce' Conlmunlty O.....lapm.nt & Environmental Servlee. Admln.utltor Community OrHlopmem & EnvIronmental Service. Adl'nln. 811712005 7~2" AM Admlnletr.t1ve A...I.tanl Data 8'17/2OO51Q:11 AM Appro\'ed By OMB Coordlmator County M.n'9Ilr'. Office Office or Managornem & Budget Mark I...c~'on Budgm Analylt Dole Appr...d By County Manager'. O""ce O"lce 01 MlInlIgement & Budgltl &I17/Z005 12:04 PM AI)proved By Michael Smykaw.kf County Manllgtlf" Office Management & Budgtlt Director OHlc.ot MlInagement & Budget Dote 8118120068:23 AM Deputy County Manager Data Approved By Leo E. Och., Jr. Board or County" ComminlaMtl County Manlllge,r" Office 812212005 6:02 PM ML[)M NO..... <(00 (ONM "'-"'<D ci...- OJ Z"'CO <Dc.. E.c <DE ~<D - coo. "C<D fiSU) OJ <( 8 ~ ~ ~ ~ D.. <( ~ UJ I- - CJ) \ ~ l u ~ Q Ii.. .... nvos OJ. "ON / E- oC - I ;;; ~ :;: rg ;;; ~ ~ .., ~ ~~ if D.. <( ~ ill U~N Z 0 - f- ~ ~ <( ~ ~i ~ ~ U ~e ~ 0 I~ ....J Agenda Item No. 16A24 September 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Valencia Lakes Phase 6.A", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Valencia Lakes Phase 6-A", a subdivision of lands located in Section 22, Township 48 South, Range 27 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Valencia Lakes Phase 6-A". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Valencia Lakes Phase 6- A" be approved for recording. FISCAL IMPACT: The project cost is $413,961.33 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $164,472.00 - $249,489.33 The Security amount, equal to 110% of the project cost, is $455,357.46 The County will realize revenues as follows: , ,..-... Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $8,574.68 Agenda Item No. 16A24 September 13, 2005 Fees are based on a construction estimate of $249,489.33 (does not inch.RI8e 2 of 4 Orangetree Utilities) and were paid in February, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$1,090.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - N/A c) Drainage, Paving, Grading (.75% const. est.) - $1,871.17 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - N/A e) Drainage, Paving, Grading(2.25%const.est.) - $5,613.51 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Valencia Lakes Phase 6- A" for recording with the following stipulations: 1. Approve the amount of $455,357.46 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an- appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. _. c. The required off site. easements shall be recorded prior to plat recordation. .- PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department hem Number: 110m ._ry: _os 0...: Agonda 110m No. 16A24 September 13, 2005 rago 3014 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A24 Recommendation 10 apPfI)Ytt for recording the final pll1 of VllIlenl".itll..ltkn Ph.,. 6-A. approval of the It.ndlllrd form COntlruction l!Ind M,inlenance Agreement Illd Ipproval of the .mount of the perfonnf\nce security, 9/13/20059:00:00 AM $."Ior Engineer 0... Prep.red By John Hould.worth Community Development" Environmental hrvle.. Engll'lHnng Servie.. 8/11f200ti 6:159:33 AM App....'" By 0... Con.tII~ A. John.on Operotlana An.lyat Community OeWl'lopment & Community Dev.lopment a. Environmental &lrvtes. Environment.1 $erylClH Admin. 8117120058:07 AM Approved By 0... Sandra Lu Eucut1ve Secretary Communtty Oe....lopment & Community Oe....lopment & Envlronmentol BorvlcclI Envlronrnen1nl Servi(l". Admin. 811712005 9:CW AM Appro.ed By CDES Eng!....."'n" ServIC.. Director 0.. Thomaa E, Kuck, P.E. Community Devolopmc!'nl & Environmental ServiclK CDES Englne.rlng SelVIG" 8117/200510:01 AM Approved By 0'" Joseph K. Schmitt CommunttyO......opment& Environmental Servicos COnvnLlnlty Oevoiopnwtnt,& EnvlronmentalS.Nicel Admln8tretor Community O.valQpment & Environmental SorylaC/tl Admin. &/1812006 &:<41 PM OMS Coordinator Admlnlstrlrtlw Aa.t.tant 0'" &/19/2QOS 10:13 AM Approved By County Manager's omce OfffeCII af Managemrmt & Budget Mark l.aok.on Bl.ldget Analy~ 0... Approved By COl.lnly Mlln.ager'. Oft'lee Orrlce of MG.,agement & BUdget 6122120051:11 PM Michael Smykow.kl 0... Approved By County ManaQ4hr'. Office MarLllge:ment & Bud98t Director Offioe of Man"'9f'lllOnt & Budget 812212005 3:37 PM Appro.ed By Leo E, Ooha, Jr. Bo.rd of County Commtsalan_'" Deputy County Man.our Dele CO\.I"t)' Manager'. Offioc &12V2DOe 6:01 PM ~L!')~ NO.... <(00 <oN~ ~M(I) 0.... OJ Z....ctl Ejgo.. (l)E :=:(1) - ctlo. "C(I) ~(/) OJ <( 1l'fw, :na'f'i nsnoG z o w- I-!c( Ciio g i ~ ~ iil i ~ D.. <( ~ LLJ I- - en i ~ ! ! III fI.l ~ ~OJ.1OH / E- If. - f3 :0:: < ....I ~ Is ~ !!l ~ ~ ~~ E~ 5. J:i~ ~~~ ~ i" [(i a~ ~ ~~ E~ I ~ ~ ~ ~ ~ I I ~ ~ ~ ~ 0e ~ i " ~~ i1. 5. Ni~ ~m I ~ elL h: ~ll!: ::iii ~ ~! 3! ~ ! ~ I ! ~ D.. I <( '''01 ""'" .,~ I~i ~ ~ !!l < il "~~ i!!l~ 0. 5~ i ~ I o~~. . ~ ij ~ii~. ~~~~ ~ 5; ,~ Z -~E~ -~E1! bZ ~ ~ wQ ~ 0 -,!c( - aw~rlOI NDI'INl 00 """'nao I- Iro 0..-, ~ <( ~ !!l ~ ~ ~ 5. E~ ;; 5~ g! U E~ ~N [!;i1! ~. +a1! . i; ~ a~ e;ii ~ii~ 0 r ~ ~ ~ .....J ! ~ 9 I II- ~ ~ ~ 50 5~ ~ !i 1': \ tIl~: " i~ 3! I ~ ! Ie 3~ . ~ ~ :;; "~E ~ Agenda Item No. 16A25 September 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Valencia Lakes Phase 7-B", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Valencia Lakes Phase 7-B", a subdivision of lands located in Section 22, Township 48 South, Range 27 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Valencia Lakes Phase 7-B". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development --" Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Valencia Lakes Phase 7- B" be approved for recording. FISCAL IMPACT: The project cost is $454,929.11 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $191,158.00 - $263,771.11 The Security amount, equal to 110% of the project cost, is $500,422.02 The County will realize revenues as follows: -- Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $9,008.13 Agenda Item No. 16A25 September 13, 2005 Fees are based on a construction estimate of $263,771.11 (does not inch.Rftle 2 of 4 Orangetree Utilities) and were paid in February, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$1,095.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - N/A c) Drainage, Paving, Grading (.75% const. est.) - $1,978.28 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - N/A e) Drainage, Paving, Grading(2.25%const.est.) - $5,934.85 ,~....'" GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Valencia Lakes Phase 7- B" for recording with the following stipulations: 1. Approve the amount of $500,422.02 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. c. The required off site easements shall be recorded prior to plat recordation. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department 110m Number. Ittlm8ummory' MHtlng Dill' Agenda Item No. 16A25 September 13, 2005 Page 3014 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 161125 Rtlcomme-ndltion lu lIPPfovl! for recording the finll pl't of ValencIa Lake' PhIlIU' 7-B, appt'ov.l 01 the standard form Construotion Ilnd Maintenance Agleem8nt Ilnd approval of the JmDunl of the perlon"ance security, 111131200511:00:00 AM Senior Engineer Date Prepared By JaM Hould~orth Community o.v'lopmant & Environmental Servlcu EngJMltring S4trvice. 8/17f2OQS 7:07:52 AM Approved By Ootl ConNno. A. John~ opwaUoN Analyst C0lTll'YKoW11ty OeVIIlopm6nt & Community DolMllopment.. EnvjronlTMlmal8ervlo.t Envlronn...mt.1 Servk:fl Admin. 811112005 8:10 AM Approved B1 DOle Sandra Lea EXillIQuUve &et:lret8ry Community Dflwlopmc!mt & Community Dtilvelopment & EnvirOl1/"Mlm.l Sltl'Ylo... Envlronmomol9GrvlooaAdmln. 8/17120059:04 AM Approl'cd By ThOma E, Kuck. P,E. Community Dcvoloprmn16 Environrrtttntlll Servloca CQES Engineering Services Director 0... COES Engineering Se~lot. 8117/200510:02 AM Approved B1 0... Joseph K. Schmtt Community Dev4llopment & Envlronment.1 Service. Community Development" Environmental Services AdmlMtratOf' CommunIty OevelClpl'nenl & EnvlronlTHtntll Ser....lo.. Admin. 8/181200e 6:45 PM OMB Coordinator Admlnlltrati'l$Aesillltant DOl. App,,,,,ed By County Manege"" omce orneo 01 Man.iftment & BUdget .,,.,9/200510:14 AM Approved By Mark INCk$on County Mimllger'. OffIce BudO'" An,lyst Office 01 Man.gement & Budget 0'" 8/Z2!200G 1:17 PM Mlehl:tel Sm~kow.kl ManDljiJIIIIMnl & Budget Dlm;tor 0... Approved B1 County Man.gor'. Office. Offlo. 01 Manfl9(1mont & Budget 8/2212005 4:2fl PM Approved By Leo E. Oeha. Jr. Board of County Commlnlorlll'r. Deputy County Manager DOle County Manager" Otfiolt 8f23(2005 11:44 AM IN'MJ. :n7'f! :neroc U')L()'<t NO.... <(00 CON'<t "-:(")'a> 0"- Cl Z~CO a> 0.. E.o a>E ~a> co a. "OeD 55(/) Cl <( '" .. '" is ~ IS a.. ! <( ~ ~ ~ UJ I- - CJ) ! ~ ~ i g I:l J!' ~ ::! /5 z wQ !::~ <nO 0 -' !I UJ: CI)' ~ 71'Y.x OL J.ON / E- ~ - <( Ig ~ ~ ~ ~ ~ 6~ js 5~ E~ i! ;a!. ~~i ~ r ~ ii :q~ >: r ~ ~ ~ ~ f I ~ ~ ~ ~ ~~ i "' ~ ~ ~, N~~ ~ll ; ! ! It fi~ I lllai =i. ~t!i.... \ ~ ~! r 5 ~ ~ c.. S i, <( ~. 0_ .~ j e ~ ~ ~ .; ~ " ; .~~ a~~ ~~ m:!; i ~ ~ "~ ~ ~ ~~~~ ~~~~ ~ :;;~E! ~ 5~ ne Z ~E~ -~E~ ; ~ ~ 0 - OWf\i"1no1 NC::WlWo _....1lOlI ~ \ ~ ~ ~ ~ ~ ~~ E. 5~ ~ 6~ U ~~ .i- \ '" ~~ ~ ~- ~~. ::l~! ~! 0 ~ ~~ r I ...J ~ ~ 52 5~ ~ !j f;l ~~~ '" ~~ I ~ ~ ~ ~~ ' ~ ~ ;; ~ ~5 ~ Agenda Item No. 16A26 September 13, 2005 Page 1 of 5 -- EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Olde Cypress, Unit Two". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Olde Cypress, Unit Two" CONSIDERATIONS: 1. On June 26, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Olde Cypress, Unit Two". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. ,.- 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. ,..- Agenda Item No. 16A26 September 13, 2005 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Olde Cypress, Unit Two" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ".-~ Agenda lIem No 16A26 September 13, 2005 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS _lngO"",: 16A2l1 Recommendation 10 "ranf llnalllpproyal of Ihe rORdway \prlvlte) and drainage ilT1>rOV'L'Imentl for the fin.' plat of OIde Cypren. Unit Two. The roadway .nd draln.ge improvemeMb wlll be privately maintained. 9113120059:00:00 AM 110m Number: 110m lummolY: Prepared By John Houldtworth Community Oevelopment & Envlronn'lenUd Servic.. Senior Engineer Date EnglnMring hrvloa. 8117f2oo5 3:4!:14 PM Approved By Tho"," E. Kuek, P.E, Community O'....lopmllnt & Erwironmttntat Servkl4la CDES Englnnrlng Sorvle.. Director 0.... CDes Engl"",lnQ ServlCd 8/1712005 3:63 PM Approved By Con.tance A. Johnson Oper.lon. Analyst Community Development & Community O..".lopment & Environmental Serlll~1 Environm.nt,d 9C1trvloot Admin_ 0... 8'1712005 3:56 PM Approved By Sandr.. loa Executive Secretary Community Dov.lopf1llllnt& Communtty o.velopmant & Envlronrn.mtal hrviees Envlronment..1 &ervi~ Admin. o.to 8117120054:02 PM Approved By Communtty O.wlopmen1: & Environmental $llIrvlces Communtty Ocevolopment & Envlronmctf'l1al Sltrvlce. Admln.trttor Community Oeve!op,..,.nt & Envlronment.1 hrvlc.. Admin, 0... Jaaeph K, Schmitt 8/1012005 IU2 PM ApltrOvcd By OMB Coordinator Admlnl.tratlvw As.I.tam Date County MQ""UOr'. omce Otfloe of M.nagctr1lCtnt & 8udg.t 811liH2005 10:10 AM Approved By Mink l.ack5on Budget Analyst 0... 8/2212006 1::lO PM County Manager'. OffIce Offlce of Managernent & BlIdget Approved By Mlchael9mykowskl Management & Budget Director 0... County Manaoer', Office Office of Manll961nMmt & Bud9St 8f22/aOOfi 3:39 PM Approved By Lao E. Oehe., Jr. Board of County Commlulonttrl Oeputy County Manager 0... COl,Inty Managctr'a: Office &/23/200511:31 AM 6 ~ w~ " (o1D1D < .. ~ Z ~~ NO_ 3 ;; WQ <(00 .," (ON",," _ " !:!< " " - ... . . " 000 . c"? 0) 9 0.... OJ Z....ro Elio.. Q)E :!:O) ~ roc. "00) ~ f6(1) Cl <( a... <( ~ ffi UJ ~ ~ I- Q - ci en :i ..... e"", 0 e,,:;) ~ t- ~ 31";:15 QL.LON / -.- ~ - ~ ~ u a ~ i IlJ ~ 9 ~~ 0 ~ ~ ~~ ~ ~ ~ h~ ~ i :;: ~" 5. ;; ;! ~ Nil- I ;; ~~ I-Z ~~ ~ 00 w- QRYI.1'1I't01..~ -..!< ~.1:"O 00 ~ ~~ :::9 ~~ I!! ~ I ~ g ., ;; i~ ~ 5 a... 0 ~ - ..,~N o ~. ~. . ~~ """""..", f <( I ~ >- Z t- Z I!m i ~ ~ ~I!!R ;::> il!!~ 0 0 !! :j . ~~i u ~ ~8i - w ~ W CRN^I'1t'1011 frNDa\ -1 U I!! I!! 0 ~ ~s ~~ ~- g- ....J ~~ U :0 g; ~i ~ ~i i~ ., i!a g= I a It-UY.LIIBJ.NI am::> J.~:IH.no:: .. S100 S~ SS~d.l.Q I!! 't. - UY.lhIJ,NI gQ g~ 1m! .. ~I- ~ ~h i! ';(ij ~!! ~- ....,.HOJ. W1 \ Agenda Item No. 16A26 September 13. 2005 Page 5 of 5 RESOLUTION NO. 05-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN1Y, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN OLDE CYPRESS, UNIT TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSffiILlTY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE OLDE CYPRESS HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 22, 1999 approved the plat of OIde Cypress, Unit Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Olde Cypress, Unit Two and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Olde Cypress Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same, this _ day of . 2005. DATE: ATTEST: DWIGHT E. BROCK., CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant Collier County Attorney Agenda Item No. 16A27 September 13. 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Orange Blossom Ranch Phase iA", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Orange Blossom Ranch Phase 1A", a subdivision of lands located in Section 13, Township 48 South, Range 27 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Orange Blossom Ranch Phase 1A". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the ._" recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Orange Blossom Ranch Phase 1A" be approved for recording. FISCAL IMPACT: The project cost is $3,203,924.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 825,000.00 - $2,378,924.00 The Security amount, equal to 110% of the project cost, is $3,524,316.40 The County will realize revenues as follows: /''''''-' Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $72,837.73 Agenda Item No. 16A27 September 13, 2005 Fees are based on a construction estimate of $2,378,924.00 (does not in<flO!llte2 of 4 Orange Tree Utilities) and were paid in February, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,470.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $-0- c) Drainage, Paving, Grading (.75% const. est.) - $17,841.93 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $-0- e) Drainage, Paving, Grading(2.25%const.est.) - $53,525.80 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Orange Blossom Ranch Phase 1 A" for recording with the following stipulations: 1. Approve the amount of $3,524,316.40 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. -- PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Itllm Number. IIam ........'1: M~ Dale: Agenda Item No. 16A27 September 13, 2005 Page 30f4 COLLIER COUNTY BOARD OF COUNT'( COMMISSIONERS 16A27 R.c()mmer~d.1ion 10 "Pprove for recording the final pint or Orlnljlfl Blol5(lm Renoh Phl8e 1A, approv.1 or Iht Itlndlrd rQrm Conllruction and Malntenance Agreement SlId approval of the IIlmount of the performance 18(lurity. 9/13120059:00:00 AM Senior engtnHr 0... Prep. red By John Houldsworth COMlnunlty OltYltlopment & Environmental &ervlCM E.ngineerlng ServIDe'S 8118/%0058:88:18 AM COES Engineering ServlcN Director 0... Appr..'" By Thomas E.. Kuc::k, P ,E. Comrnonlt~ De..-lopmen1 & Envlronmenl.al Service. COES Engln..rlng Servlee. 8118/20058:32 AM Approved By 0... ConNn.,. A. JohMOn Opl'lrllttons Analy,t Convnunlty O"velopm.rnt & Communtty Development & Envtronmem.1 Sctrvkl.... Environmental Service. Admfn. 8118120059:09 AM Appr..ed By 0'" Sandra loa EXClICullv. a-Cf6tary Communtty DGVolopmcrm1 & Community DIJvfllopmon1 & Environtt1l&ntal Set\llwa Environmental Service. Admtn, 8(16/20015 10:11 AM Approved By 0... JOMph K. $c;hmltt Communlty Development & El'wironmental Servlcos Community' Duvalopment... Erwlranml(lntal Servl0e5 AdmlnlJtrltOf' Community Development &. Envlronnvtntal Sorvlce. Admin. 8J1812006 8:"1lI PM OMS Coordinoltor AdmlnlstriDtlvc Anl.tant 0... ApprO\lcd By County MONlgcr'. omco Offioe at Men.g4IfOftnt & BUdget 1119/]00510:16 AM M.rk IN-ok.on Dolo Appr..ed By County M..nag41f'. Of'I'lce Budget An.lyat OffIeo ot MIInagement a Budget 8/22/2006 1:26 PM Approved By Michael Sm~lcow8kl County Man.,'s Office Apprond By Jain.' V, Mudd Boord 0' County Comml..loner. Manag.ment & Budget Director 0... 0fflc;1't nf Mlnagement & B~gtn 81231200812.84 PM County M.nllger Oole County Man.gClr'. Office 1/21'200511:40 AM I'-l.Ov NO_ <(00 ~~V .M(1) 0..... Cl z,-C'C EiSa. ,ElE -(1) ro- -00. e: (1) (1)U) ~ OJ ~ w CI CI l'i 0 ::; ~ 0: ; UJ ~ t- 9 CD ~ - ~ CI) 15 ""os"'",,, / - ~ ~ ,. z z ~ B Ie ,. H p ~ g 6~ '~'S .. IX) '" vi "' .... ..!. e'" /:~ u~ oi-off-O r;9~ :E: o ~i a:l II z o - ~ U o ....J Agenda Item No. 16A28 September 13. 2005 Page 1 of 4 "...-.... EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Reflection Lakes at Naples Phase 1 C", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Reflection Lakes at Naples Phase 1C", a subdivision of lands located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Reflection Lakes at Naples Phase 1C". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the ,...--. recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Reflection Lakes at Naples Phase 1 C" be approved for recording. FISCAL IMPACT: The project cost is $17,200.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading -$ 2,700.00 - $14,500.00 The Security amount, equal to 110% of the project cost, is $18,920.00 The County will realize revenues as follows: ,~-.... Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1.536.00 Agenda Item No. 16A28 September 13, 2005 Fees are based on a construction estimate of $17,200.00 and were paid iR_~f 4 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$1,020.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 20.25 c) Drainage, Paving, Grading (.75% const. est.) - $ 108.75 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 60.75 e) Drainage, Paving, Grading(2.25%const.est.) - $ 326.25 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. , HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's office has reviewed the plat and associated documents and found same to be legally sufficient. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Reflection Lakes at Naples Phase 1 C" for recording with the following stipulations: 1. Approve the amount of $18,920.00 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. -- PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number: "1m Summary: _Ing DOlO: Agonda Ito01 No. 16A28 September 13. 2005 Page .3 014 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS 16A28 Reoommendl1iCln 10 approve- for recording the final plat of Renec1iOfl L.kes at: Nllplet Phltl~e ie, awro...~ 01 the standard form ConstructiDn and Maln1enlnce Agreement and Ipproval of the 8mount of the performenoe security, 1lI'312005 9:00:oo;w. hnlor Engineer Dote Prepared By John Houldsworth Communl1y Dftvelopment & Environment.:! $ervlcee E:nglneering Servtoel 8/181200510:14:46 AM Dote Approved By Sind,.. LeIl Ex.cutl\le Seemary Community Dweiopmlllr'lt & Communlty o.lI4Iloprnent & EnvIronmental SMYlces EnYlronmental S.""lco.Admln. 8/18f200610:20 AM Approved By COES Engineering Service. DIrDctor ON Thomu E. KUQ.k, P.E. Community Dewlapnl<<nt & e.,wlrontnentel Bcrvl~a COEa EnglnMl'lng SOrvlt:o. 8118/200611 :2:9 AM 0... Approved By Const.nee A. Jol1mon Opention. Anplyst Convnuntty OCY<IllopFn6lm & Community Development & Environmlltntal Servlon Environmental Servlcu Admin. 8/18/200612:3>> PM Joteph K. Schmitt 0... Approved By Community Ot!lYelopmtilnt & environmental Services Community OfNetoprnent & Envlromnent.t S..-vioe. AdmlnttrMor Comml.lntt)l Development &, Envlronll1l'nlIl Service. Admln. 8/18(20068;$0 PM Approved B)' OMB Coordlnlltor County Mllnogof'5 Office Admlnlatrative As.lat,nt Dote 8/19/200510:17 AM Office ot MlInaglll'mfJnt & Bud;.t Mark Isaokson Budget Anely.t 0... 8/2212005 1 :45 PM Approved By County Manager'. Office omce ot Mltnlgltment & Budget Approved By Michael8mykowi&ki County Man.gar's Offlce Approved B" Leo E. Oeha. Jr, Board or County Commisaionen ManogelTlCllnt & Budgst Director Dote Office of ManagelTl8m & Budget llI2aJZOOll ':Z8 PM Deputy County M.negor 0.... County Man.ger'. OffiCII 8'23/200$ 12:20 PM CCLt'l~ NO_ <(00 (ON~ "'-Mal ci...- Ol Z....ro ala.. E.o alE =$ roc, "Oal t:CJ) al Ol <( ~ e i ~ a.. <( S ~ ~ ~ i z I ~ 0 - ill h_ ~ !l ia u 0 ...J *n Gllt'1II"I'DiI aIIn1DO ; ~ h: ~ < g ~ ~ ~ ~ u I """'CllJOH I ~ - . N :; ~ Ii! III ~~fN I! _ . a.. <t ~ LIJ I- U) r/) ~ Z f0- ot ~ ~ ~ IX Agenda Item No. 16A29 September 13, 2005 Page 1 of 11 .,"""""". EXECUTIVE SUMMARY Recommendation to approve an Intergovernmental Inspection Agreement between Collier County and the Ave Maria Stewardship Community District OBJECTIVE: To approve an Interlocal Inspection Agreement between Collier County (County) and the Ave Maria Stewardship Community District (District) for inspection services provided by the County. CONSIDERATIONS: The attached Agreement between the County and the District is being submitted for the Board's approval to provide an equitable fee for engineering inspection services for the construction of a portion of the public improvements within the boundaries and jurisdiction of the District. Engineering Services Department's normal inspection fee is based on 2.25% of the estimated cost of infrastructure improvements. The District has the duty and authority granted to it in its special act charter to provide for inspections as set forth in Chapter 2004-461, Section 4, Laws of Florida. The County and the District are public agencies which have certain rights, powers, privileges and authority, shared in common, which each exercises and may exercise separately. The County and the District can save costs and expenses while lawfully achieving their /,_ respective goals, including the duty and authority to inspect the construction of public facilities, by contracting with each other for a division of the inspection duties in order to provide for practical implementation and governmental efficiency. The County, by this Agreement, agrees to reduce its inspection fee for Site Development Plans No.1 (AR-6113) and No.2 (AR-6432) from 2.25 percent of the cost of construction to 1.5 percent. Engineering Services anticipates its expense to provide coordinated construction inspection service will be covered by the revised 1.5 percent fee which is expected to generate $212,375.30. All remaining phases and subdivision plats will be subject to the 2.25 percent inspection fee. FISCAL IMPACT: The Engineering Services Department will receive a $212,375.30 Inspection Fee to cover all costs of its inspection services. GROWTH MANAGEMENT IMP ACT: None LEGAL CONSIDERATIONS: The County Attorney's office has reviewed the Intergovernmental Inspection Agreement and has signed and approved as to form and legal sufficiency. RECOMMENDATION: That the Board of County Commissioners approve and execute the Intergovernmental Inspection Agreement with the Ave Maria Stewardship Community District. ,--- Prepared by: Thomas E. Kuck, P.E., Director, Engineering Services lam Number: Item Summary: M_g Dolo: Agenda lIem No. 16A29 Septembfl, , 3. 2005 Page 2 of" COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A29 Rfwomm8ndatiQJI to .pprnve In Intergovernmenta:l Inspection Agreemltllt hetween Collier County and the Avft Maria SteWlrdlhip Community District. 911>120059:00:00 AM Auiatol,t County Attorney n... 811812006 3:14 PM App.....ed By Jennl1er A. Bctlpedlo County Attorney County Attomey Office 0... Approved By Thornu E. Kuck, P,E. Community Development & EnvlronrrNtntal hrvlcWf COES Engineering Sttrvio.. DlrlJdor coes Engineering S.rvlcel 1/1812005 4:27 PM Oalo Approved By Sandra LN EXDcutlYe Secretary Community Devolopment & Communtty [)evelopnMlm & EnvtrontMnt.a1 Se-rvloes Environmental S.rvlCM Admin, 8118/2005 4:27 PM Approved B)' Oat<> Con_teNIa A. John_on Operllltlom: Analy.t Community Development & Comml.lrllty DtWlopmont & Environmental hrvlen EnvtronrMntalS8fvlc.. Admin. 8117120051:<49 AM Approved B)' ON Joseph K. Schmitt Community Development & EnvlronmenUlI Serv1ce. CommunIty Dowlopment & Erwlronmental S.rviON Admtnatrlrtor Community Developnlfmt & Envlronment.IS.rvlces Admin. '120/'005 4:04 PM Adminlatr.tive A..I.tan1 0... 3/23120M 8:18 AM Approved By OMB Coordinator County Mllnegers omce omce of MalUlgemenl & Budget Approved By Mn luck.on Coumy Mantlger'~ Oftloe Budget' ANIIVat Otfltllli of MII"8gemont & Budget 0... 312912008.4:57 PM 0... Approved By Mlehael Smykowskl County MlInftger'B orno. MliIlnageme'rt & Budget Olreotor Offleo of Management & Budget 812912000 5:,Zg PM 0... Approved By James V. Mudd Board of County CDlnmiaslonor. C<<XJnty Manllgtlr County M.anlglll". Office 8J301200B $:2A PM 8/16/2005 Agenda Item No. 16A29 September 13, 2005 Page 3 of 11 INTERLOCAL AGREEMENT BETWEEN AVE MARIA STEWARDSHIP COMMUNITY DISTRICT AND COLLIER COUNTY REGARDING INSPECTION FEES THIS INTERLOCAL AGREEMENT (the "Agreement") is entered into this day of , 2005, by and between the AVE MARIA STEWARDSHIP COMMUNITY DISTRICT, COLLIER COUNTY, FLORIDA, (hereinafter referred to as the "District"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter referred to as the "County.") The District and the County are sometimes collectively referred to herein as the "Parties" or individually as the "Party." RECITALS WHEREAS, the County is a political subdivision governed by the Collier County Board of County Commissioners and authorized by the Florida Constitution, Article 8, Section I (a) and created by Section 7.11, Florida Statutes; and WHEREAS, the District is a specialized and limited single-purpose independent special district unit of local government established on property in the Rural Lands Stewardship Overlay by the Florida Legislature by Special Act, Chapter 2004-461, (hereinafter referred to as "the Special Act"); and WHEREAS, the County, under home rule, has the authority to enter into this Agreement pursuant to Section 125.01, Florida Statutes and Section 163.01, Florida Statutes; and WHEREAS, the Special Act grants the District authority and power to perform certain public functions to carryout its single special purpose to provide basic infrastructure improvements, systems, facilities, and services, including public infrastructure, within its boundaries and jurisdiction (hereinafter referred to as "Public Improvements"); and WHEREAS, that which induced the Parties to bind themselves to this Agreement, under section 163.01, FS., is the authority from the County and the District to provide for these inspections in a practical, accountable and efficient manner saving, each unnecessary costs of time, staffing and money; the County and the District do enter into this Agreement formed in 8/16/2005 Agenda Item No. 16A29 September 13, 2005 Page 4 of 11 reliance upon, and under the authority of, the Florida Interlocal Cooperation Act of 1969, as amended, section 163.01, FS., in order to make the most productive, accountable, fair, responsive, timely and efficient use of their powers; this consideration flows between the District and the County. WHEREAS, Based upon these findings, ascertainments, detenninations and consideration, and as a result of good faith negotiations, the County and the District intend entering into this Agreement to provide the most efficient, economic, flexible and specialized use of their inspection powers for the purpose of serving the best interests of the public in inspection of public facilities within the boundary of the District; doing so without any transfer of powers from one Party to the other Party; effecting for their mutual advantage a bilateral exercise of powers held jointly by the Parties which each may exercise separately with joint administration by both Parties through this division of powers. WHEREAS, this Agreement is to simplify the division of duties for inspections of the construction of Public Improvements; and WHEREAS, Ave Maria Development, L.L.L.P, is in process of obtaining the required approvals and pennits for the construction of a portion of the Public Improvements within the boundary and jurisdiction of both the County and the District; and WHEREAS, as part of the County pennit process the County requires the deposit of certain sums of money to pay for the inspections of the Public Improvements by the County and the District is required to perfonn inspections of the Public Improvements in order to release District funds for the payment of the Public Improvements; and WHEREAS, the Parties recognize that, unless there is a division of the inspections, there will be significant and unnecessary duplication of inspections resulting in additional costs to be borne by present and future landowners and residents of the District; and WHEREAS, the Parties are able to provide for inspections of Public Improvements and can use their common powers and authority by cooperating with one another on a basis ofmutual advantage regarding the specialized matter of inspections of the Public Improvement. NOW THEREFORE, in consideration of the mutual covenants and promises and considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by the District and the County, the District and the County hereby agree to the following: 2 8/16/2005 Agenda Item No. 16A29 September 13. 2005 Page 5 of 11 1. The Parties agree to adopt and incorporate the foregoing Recitals, sometimes referred to as "Whereas clauses," by reference into the terms of this Agreement. 2. The Parties agree to adopt and incorporate the "Addendum A" (Definitions) and "Addendum B" (District Inspection Items), by reference into the terms of this Agreement. 3. The District agrees that it will have primary responsibility at no cost to the County, for inspections identified in Addendum B. 4. The District agrees: 1) that the County, at the County's discretion, may from time to time inspect the Public Improvements; and 2) to allow such inspections. 5. The District agrees to provide the County with copies of all inspection reports, photographs, video tapes, etc., so that the County may rely on the inspections and certifications of the District performed by the District Engineer as approved by the Board of Supervisors of the District; and 6. The County agrees that the County's inspections will be limited to those matters listed in and agreed upon by the Parties in Addendum B. 7. The County agrees to provide the District with advance notice as to the type, nature, and number of documents or videos being requested regarding inspections. 8. The County agrees that if it is determined that additional reports, photographs or videotapes other than those set forth in Addendum B are needed, it will advise the District in writing as an amendment to Addendum B. 9. The County agrees to reduce its inspection fees to an amount that is 1.5 percent of the cost of construction as certified by the District Engineer for which the permits are sought. 10. The Parties agree that of either are delayed in, or prevented from, performing or carrying out any of the inspection duties set forth in this Agreement by reason of strike, stoppage of labor, failure of contractors or suppliers of materials and fuel, riot, fire, flood, ice, invasion, civil war, commotion, insurrection, military of usurped power, order of any court granted in any bona fide adverse legal proceedings or action, order of any civil or military authority (either defacto or dejure), explosion, act of God, or the public enemies or any cause reasonably beyond its control and not approximately attributable to its neglect; then, and in such cases, both Parties will be relieved of performance under this Agreement for the duration of the period for which the performance is delayed or prevented and shall not be liable to the other Party for, or on account of any loss, damage, injury or expense resulting from, or arising out of, such delay or prevention 3 8/16/2005 Agenda Item No. 16A29 September 13, 2005 Page 6 of 11 and inspection; provided, however, that the Party suffering such delay or prevention in the exercise of its duties to inspect the construction of the public facilities, shall use due and practical diligence to remove the cause or causes thereof; and provided, further, that neither Party shall be required by the foregoing provisions to settle a strike except when, according to its own best judgment, such a settlement seems advisable. 11. The provisions of this Agreement are intended by the Parties to be severable. If any provision ofthis Agreement shall be held to be invalid or unenforceable, in whole or in part, such provisions shall be ineffective to the extent of such invalidity or enforceability without, in any manner, affecting the validity or enforceability of the remaining provisions of this Agreement. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 13. The Parties intend that the terms and conditions of this Agreement, and any of its addenda, may be amended or modified periodically, but only in writing, executed duly and validly by the Parties to this Agreement in a timely and reasonable manner. 14. This Agreement will take effect upon signing by both Parties. This Agreement will continue in effect indefinitely unless cancelled. This Agreement will be canceled upon thirty (30) days written notice from one Party to the other Party. Upon such cancellation, the full inspection duties of either Party shall resume as if there had been no such Agreement. 15. Any waiver at any time by either Party hereto of its rights with respect to the Party under this Agreement, or with respect to any matter arising in connection with this Agreement, shall not be considered a waiver of any such rights or matters at any subsequent time. 16. This Agreement shall inure to the benefit of, and be binding upon, the Parties hereto, and this Agreement, and its obligations, shall not be assignable by either Party and neither Party shall have authority to question the capabilities of those assigned to do the inspections by the other Party so long as they are either employees or limited independent contractors of the applicable Party. 17. Written notices shall be given to the Parties at the following addresses or such other place or person as each Party shall designate by similar notice: 4 8/16/2005 Agenda Item No. 16A29 September 13, 2005 Page 7 of 11 1. As to the District: Peter Pimentel, District Manager Ave Maria Stewardship Community District P.O. Box 3296 Ave Maria, Florida 34143 2. As to the County: Collier County Board of County Commissioners clo Engineering Services Department Thomas Kuck, Director of Engineering Services 2800 North Horseshoe Drive Naples, Florida 34104 18. District and County have freely and voluntarily executed this Agreement subsequent to being apprised of all relevant information concerning this Agreement and upon advice by their respective counsels. 19. The Parties hereto agree that this Agreement supersedes and replaces all prior agreements and understandings and that it constitutes the entire agreement between the District and the County and that no other agreements exist, oral or written, between the Parties relating to any matters covered by this Agreement or any other matter whatsoever. 20. Except as expressly provided for herein, the Parties represent and warrant that in executing this Agreement, they do not rely upon, nor have they not relied upon any oral or written representation, promise, warranty or understanding made by any of the Parties or their representatives with regard to the subject matter, basis, or effect ofthis Agreement. IN WITNESS WHEREOF, on the date first set forth above, the District and the County have executed this Agreement which consists of five (5) pages, as sworn to and acknowledged by and through. its duly authorized representative. ATTEST: AVE MARIA STEWARDSHIP COMMUNITY DISTRICT, BOARD OF SUPERVISORS By: PETER PIMENTEL, District Manager By: THOMAS PEEK, Chairman 5 8/1612005 Agenda Item No. 16A29 September 13, 2005 Page 8 of 11 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: ~ JE NIFER A. BELPEDIO Assistant County Attorney 6 8/1512005 Agenda Item No. 16A29 September 13, 2005 Page 9 of 11 ADDENDUM "A" DEFINITIONS "Agreement" means the certain written agreement (including its incorporated Addendum "A" and incorporated Addendum "B") negotiated and executed by and between the Ave Maria Stewardship Community District governing boards and the Board of County Commissioners of Collier County and shall include no other oral or written documents, contracts, letters, notes, messages, missives or agreements. "Approvals and Permits" shall mean the expressed written authority from County to the District to proceed with storm drainage, road construction and related systems, facilities and services. "Ave Maria Stewardship Community District" shall mean special and single purpose local government created and chartered by special act 2004-461, Laws of Florida, limited, in implementing its single and specialized purpose, to the performance of those general and special powers authorized by its charter under 2004-461, Laws of Florida, the boundaries of which are set forth by the Act, the governing head of which is created to operate as set forth in the Act. "Cost of Construction" shall mean those costs as certified jointly by the District and County professional engineers regarding construction of capital facilities. "Fees", "Reduced Inspection Fees" and "Reduced Fees" shall mean only the percentage amount referenced in the Agreement, the purpose of which is to compensate for the services provided by the District. "Interlocal Agreement Between Ave Maria Stewardship Community District and Collier County Regarding Inspection Fees" shall mean only this duly executed Agreement pursuant to section 163.01, F.S., by which the Parties exercise bilaterally duties that each has the power to exercise separately in order to provide for efficient economical public service. "Infrastructure" shall mean only the following systems, facilities and services authorized, approved and permitted by the County within the jurisdiction of the District: storm drainage, road construction and related systems, facilities and services. "Inspections" shall mean the physical on site observations and assessments of the public improvements for compliance with the approved plans, contract documents, development orders, and regulatory permits, subject to and limited by the provisions of this Agreement, by person or persons designated subject to the provisions of this Agreement as set forth specifically and expressly in Addendum "B". &/15/2005 Agenda Item No. 16A29 September 13, 2005 Page 10 of 11 "Public Improvements" shall mean infrastructure as defined above that is limited to the actual constructed capital facilities and not necessarily the services and systems which may flow from or be produced by the public improvements to include the following: storm drainage, road construction and any related capital facilities. "Rural Lands Stewardship Overlay" means that certain part of the Collier County Growth Management Plan, which creates the Rural Lands Stewardship Area Zoning Overlay implemented by the Rural Land Stewardship Area Land Development Regulations which in part encourages the use of this District, Section 2.2.27.l0.C. "Single Purpose Local Government" means the Ave Maria Stewardship Community District as an independent special purpose government entity under Section 189.403(1) and (3), F.S. 2 8/15/2005 Agenda Item No. 16A29 September 13, 2005 Page 11 of 11 ADDENDUM "B" DISTRICT INSPECTION ITEMS 1. Water Management System: a. Review the depths, side slopes, general shape, area, and volume, littoral plantings, grassing and permanent erosion control associated with the system lake. b. Provide verification of earthwork quantities c. Review sizes, lines and grades, backfill compaction, and bedding of the system culverts and storm drainage system. d. Review the horizontal and vertical locations, and sizes of the system control structures. e. Review the water management system overall conformance with plans and permits. f. Perform a water management system final inspection of punch list items and completed quality. g. Provide a verification of final quantities and costs. 2. Roads: a. Review geotechnical test reports per the approved specifications for asphalt densities, roadway base densities, roadway sub-grade densities, roadway embankment densities, and concrete strength. b. Review materials certifications and shop drawing approvals c. Review horizontal and vertical locations of key structures. d. Review horizontal and vertical locations of roadway curbs. e. Review roadway grading and cross slopes. f. Review roadway drainage system pipes for sizes, lines and grades, backfill compaction, and bedding g. Perform a final inspection of punch list items on completed quality of the curbs, sidewalks, pavement, grassing/permanent erosion control, signing, marking, street lighting, and signals. h. Provide a verification of final quantities and costs. Agenda Item No. 16A30 September 13, 2005 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to authorize the County Manager, or his designee, to submit a grant proposal to the Florida Department of Environmental Protection Bureau of Invasive Plant Management (BIPM) for contractor services to remove invasive exotic vegetation within Conservation Collier property adjacent to Rookery Bay National Estuarine Research Reserve (NERR). OBJECTIVE: To have the Board of County Commissioners (BCC) authorize the County Manager, or his designee, to submit a proposal to receive state contractor services from the BIPM for the removal of invasive exotic vegetation within the Conservation Collier property formerly known as the Malt property. CONSIDERATIONS: The Upland Plant Management Section of the BIPM funds individual invasive plant removal projects on public conservation lands throughout the State. If the grant is received, the BIPM will pay state contractors for work that will be performed on Conservation Collier property. No funds will be transferred to Collier County. Staff anticipates that a formal agreement between the BCC and the State will be needed before the project can proceed. Once an agreement is fmalized, staff will return to the BCC for formal acceptance of the grant award and execution of the agreement. FISCAL IMPACT: There will be no fiscal impact to the County for this grant application. GROWTH MANAGEMENT IMPACT: This proposal supports Objectives 6.2 and 7.3 of the Conservation and Coastal Management Element of the County Growth Management Plan, which require the County to protect and conserve wetlands and the natural functions of wetlands and continue to implement programs that conserve and protect endangered and threatened wildlife species. LEGAL CONSIDERATIONS: Approval of this grant application submittal conforms to the County's Grant Coordination procedures. RECOMMENDATION: Recommend that the Board of County Commissioners authorize the County Manager, or his designee, to submit the attached grant proposal to the Florida BIPM for contractor services to remove invasive exotic vegetation within Conservation Collier property adjacent to Rookery Bay NERR. Prepared by: Melissa Hennig, Environmental Specialist, Environmental Services Department Item Number: ltom "'mmary: MHIlng D...: Agenda Item No. 16A30 September 13. 20<15 Pege 2 01 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A30 Recomme-l1datlon 10 .Ulhurjr8 the the County Manager. or hi8 dlllgnee, to lubmit It gnmt pl'opo..1 to the FlorId. Deplrtment 01 Environmental Protection Bureau of InYMllve Plant Management (BIPM) for contractor lervlcel to ,emove invlIsive exotic vegetation Within Con"Jvation Conier proPftrty "djilcent to R.ookery BIIY Ne1ionat Estuarine Rtl8earch Reaerve (NERR). 0/13120059:00:00 AM Dato Prep.red By Melina Hennig Community Develop"",", & Environmental Servlc:otl Envlronmentlll Spe<:lallst Environmental SrlrvloClt' &115112005 SiI~44:10 AM 0... Appro"" By Sind,. Lea EkOClJtWO Secmary Communtty DlltYtllopment & Community Developllwnt & E.nvlronf'MInlllhrvlce. E.nyironnwntal Servto.. Admin, 81191200551:51 A.M Apl>roved By 0... Con.nanc.e A. Johne:on Operationa Analyl! Community Devutopmont & COInmuntty DIlIVClllopment & Environmental Service. Environmental Sttrvlces Admin. 81191200510:03 AM Approved By Mariene J, Foord 0... AdmmIRrat:WQ Servlc" Grants Coordinator Admlnlstrlltlve 8ervle.. Admin. 8J19120Dei 2:&0 PM 0... Approved By WllHllm 0, Lorenz., Jr., P.E. Community Oevo1opment & Envlronmen1al8ervlc.. Envlronmontal S~rvIC05 Olrector Environmental Servlo.. 6122/2005 11 :05 AM 0... Approved By Joseph K, 9lihmltt Community Developmont.. Envlronrm-ntal 5orviow. Community tMtveloprnll'nt& Environmental &erviQe8 Admlnluator Community l>ewlopment & EnvjrOn"lOntnl ServIces Admin, 8/22120Q5 2:01 PM 0... Approved By OMS Coordinator County Man.gcrr's orrlOtll Admlnitlltratlve Ani,hurt Office of Man.gornont & Budget 8/2312005 e,21 AM Approved B)' Mark ltaok.on County Man.lf:ler', Offioe Budg<<tt Analyst Office of Management & Budget 0... 8123/200!l -4:06 PM Man.gement & Budget Olre<rtor 0... 8/2512005 to:47 AIVI Ap..roved By Michael Smykowlkl County MlII1lJl91tr'S Office Offioll' 01' MJmageMlllnt & Budget Approved Bl' Dato Jantell \1', Mudd BO.rd of County Comml..lonere County Manager County Managttr'. otrlo. 8/27120061:34 PM Agenda Item No. 16A30 September 13, 2005 Page 3 of 8 Collier County Conservation Collier / Rookery Bay NERR SW Florida Regional Work Group Collier County Conservation Collier Florida Department of Environmental Protection Rookery Bay National Estuarine Research Reserve Melissa Henning/ Pamela Keyes 300 Tower Road, Naples, Florida 34113 Phone-239/417-6310; Fax-239/417-6315 Email: melissahennig@colliergov.net;oamela.keves(Ci)deo.state.fl.us Method of control- Contractual Project Goals - Control of melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), Australian pine (Casurina equisetifolia), on an estimated 131 acre site. Agenda Item No. 16A30 September 13, 2005 Page 4 of 8 SCOPE OF WORK: Project Location The project is located in Collier County, Florida along SR951 and Shell Island Road (SIR). It is south of US 41 and west of SR951. The project site Is approximately 131 acres with 4 acres along SIR that serves as the primary access site for Rookery Bay National Estuarine Research Reserve. This site hosts a variety of habitats ranging from marsh systems to mangrove forest. A figure depicting the project location is attached (Figure 1). Land owned by Rookery Bay NERR Is adjacent to the project site to the west and south. Project Description The Conservation Collier/Rookery Bay Project site is approximately 131 acres located west of SR 951 - 3 acres of which is south of SIR. The site is bordered by Old County Road 92 to the west and an FPL access road to the north. The 74 acre Collier County property that SIR runs through was recently acquired through the County's Conservation Collier program and will be managed by Rookery Bay in the future. This site is infested with melaleuca and Brazilian pepper. Four acres of thick Brazilian pepper along SIR will be cut and removed since SIR is a major public access road Into Rookery Bay. However, the remaining pepper will be treated in place. There are also some patches of melaleuca throughout this property that will be cut and treated. Although there are only a few Australian pines on this site they will also be treated in place. The 29 acre property north of the Collier County site is currently in private ownership, but is being considered for purchase through the Conservation Collier program. The S7 acre Rookery Bay property is bordered by an FPL access road to the north and Old County Road 92 to the west. This site is infested with melaleuca and Brazilian pepper. The melaleuca will be cut and treated, and the Brazilian pepper will be treated in place. The project site is easily accessed from SR 951, FPL roads and SIR. Directions and a map will be provided by Reserve staff. Work Specifications Removal of invasive plant species will be site specific. The contractor(s) will use every effort to avoid damaging native vegetation and wildlife. The Contractor is responsible for the initial treatment of all specified trees, saplings and seedlings. The contractor must achieve a 9S% kill rate four months after treatment. All herbiCides shall be used in accordance with the EPA label. The selected contractor(s) are liable for any penalty, fines or damages resulting from the misuse of herbicides. The Contractors(s) shall properly dispose of herbicide and adjuvant containers. The Contractor(s) shall provide the DEP's Site Manager, at the end of each work week, a written record of the following: 1) Total gallons/lbs. of herbicides, adjuvant and dyes applied, 2) Total number of acres and number of plants treated, 3) Total hours of operating time and, 4) Any other information as may be required by the DEP Contract Manager. Control methods based upon species: melaleuca (Melaleuca quinquenervia) - Melaleuca will be cut. Trees will be left on site. Stumps will be treated with an appropriate herbicide per label rate. (cut stump) Brazilian pepper (Schinus terebinthlfolius) - Brazilian pepper will be treated in place except at the SIR site. At the SIR site Brazilian pepper will be cut, chipped and hauled away. (basal and cut stump) Australian pine (Casurina equlsetifolia) - Australian pine will treated in place. Stumps will be treated with an appropriate herbicide per label rate. (girdle) Seedlings must be pulled by hand and disposed of properly to reduce the possibility of re-sprouting. Agenda Item No. 16A30 September 13, 2005 Page 5 of 8 Other Requirements and Provisions The Site Manager will notify the contractor of known location and keep contractor up to date on any other pertinent information throughout project. Project Time Frame Project should be started during dry season. Funding Information See attached Budget Sheet. PROPOSALINFORMATlON The Conservation Collier/Rookery Bay Project site is approximately 131 acres located between SR 951 and 3 acres south of SIR. The site is boarder by Old County Road 92 and an FPL access road. The 74 acre site that SIR runs through was recently acquired by Collier County/ Conservation Collier and will be managed by Rookery Bay in the future. This site Is infested with melaleuca and Brazilian pepper. Four acres of thick Brazilian pepper along SIR will be cut and removed since SIR is a major public access road into Rookery Bay. However, the rest of the pepper that is thick along Old County Road 92 will be treated in place. There are also some patches of melaleuca throughout this property that will be cut and treated. Although there are only a few Australian pines on this site they will be treated in place. The 57 acre Rookery Bay site is boarded by FPL to the north and Old County Road 92 to the west. This site is infested with melaleuca and Brazilian pepper. The melaleuca will be cut and treated and the Brazilian pepper will be treated in place. Conservation Land Qualification Seventy-four acres were recently acquired by Conservation Collier and will be managed by Rookery Bay NERR/FLDEP after initial management concerns have been addressed. Rookery Bay owns and manages the other 57 acres of the project site Ability to Maintain Site After Initial Treatment Rookery Bay Reserve has an aggressive grant program and groups such as Americorps and community service that can maintain the site after initial treatment. Restoration Plan for Native Plants No replanting will be necessary. This site will re-vegetate naturally, given the existing seed source. Threatened or Endangered Species or Habitats The following listed plant species have been observed on the property: Leather Fern (Acrostichum aureum), Refelexed wild pine (Tillandsia ba/bisiana), Banded wild pine (Tillandsia f1exusoa), Giant wild pine (Ti/landsia utricu/ata) The following listed wildlife species have been observed on the property: wood stork (Mycteria americana), white ibis (Eudocimus a/bus), snowy egret (Egretta thu/a), tricolored heron (Egretta tricolor), little blue heron (Egretta caeru/ea), and American alligator (Alligator mississipplensis). Public Education Program Rookery Bay's new Environmental Learning Center (ELC) features information on the impact of invasive species on native communities. A number of project speCific one-page fact sheet on invasive species have been developed and are being distributed to the public via the ELC. Figure 1 Agenda Item No. 16A30 September 13, 2005 Page 6 of 8 Collier County Conservation Collier I Rookery Bay NERR Partnership Collier County Conservlltion Collier I Rookery BlIY NERRPartnershlp Exotic Removal areas c:J Rooklry BI\I Proporlv D Collier County Proplrty Dentirt ProJtctA,u w+~ . epp 1 DPP Fill I I Sotroe: 2004 aerials. Collie' Coulty properly AI:l:>raiser Agenda Item No. 16A30 September 13, 2005 Page 7 of 8 Dense areas of melaleuca coverage Agenda Item No. 16A30 September 13, 2005 Page 8 of 8 Sparse area of melaleuca coverage Agenda Item No. 16A31 September 13, 2005 Page 1 of 29 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions; Pastoor Properties of Collier County, LLC, CEB 2005-15; John Lee Arnold & Dean A. Arnold Trustees, CEB 2005-14; Martin & Holly Walsh, CEB 2004-33; Gopal Motwani, CEB 2003-34; Manuel & Miriam Rosa, CEB 2003-19; Nancy Mills, Mary Maxwell & Vanessa M. Uzupes, Resolution 96-520, 2002-195, 92-23, 96-169, 95-406; H. Javier & Sherry L. Castano, Resolution 2002-171; GJ Byrne, Resolution 96-244 & 99-19; Lawrence K. Joyce Est., Wallace L. Joyce, H. Lawrence, John J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso, Lauren Joyce & Richard Berman, Resolution 2001-323, 2002-173, 2003-285, 96-321, 99-102, 2002-447, 91-490, ; Silas Bacon, Resolution 94-195, 91-401; Silas Bacon, Jr., Resolution 2002-67; Perseco Corporation, Empire Development of Southwest Florida, LLC, & KKCM Group, LLC, Resolution 2004-130; Capitolis Auslandische, Resolution 96-49; Horse Creek Partners L TD, Resolution 2002-175; OBJECTIVE: To approve execution and recording of the Release and Satisfactions of Lien acknowledging compliance and recovery of fines and fees related to prosecution of Code Enforcement matters. CONSIDERA TIONS: ,- Reference Owner of Record Lien Amount CEB 2005-15 Pastoor Properties of Collier County, $1,063.86 LLC CEB 2005-14 John Lee Arnold & Dean A. Arnold $473.94 Trustees CEB 2004-33 Martin & Holly Walsh $666.00 CEB 2003-34 Gopal Motwani $4,723.60 CEB 2003-19 Manuel & Miriam Rosa $20,000.00 Resolution 96-520 Nancy Mills, Mary Maxwell & $290.00 Vanessa M. Uzupes Resolution 2002-195 Nancy Mills, Mary Maxwell & $425.00 Vanessa M. Uzupes Resolution 92-23 Nancy Mills, Mary Maxwell & $290.00 Vanessa M. Uzupes Resolution 96-169 Nancy Mills, Mary Maxwell & $399.00 Vanessa M. Uzupes Resolution 95-406 Nancy Mills, Mary Maxwell & $254.00 Vanessa M. Uzupes Resolution 2002-171 H. Javier & Sherry L. Castano $255.00 - Resolution 96-244 GJ Byrne $2,445.00 Resolution 99-19 Resolution 2001-323 Lawrence K. Joyce Est., Wallace L. $255.00 Joyce, H. Lawrence, John J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso, Lauren Joyce & Richard Berman Resolution 2002-173 Lawrence K. Joyce Est., Wallace L. $255.00 Joyce, H. Lawrence, John J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso, Lauren Joyce & Richard Berman Resolution 2003-285 Wallace L. Joyce & Richard Berman $255.00 Resolution 96-321 Lawrence K. Joyce Est., Wallace L. $1,000.00 Joyce, & Richard Berman Resolution 99-102 Lawrence K. Joyce Est., Wallace L. $245.00 Joyce, H. Lawrence, John J. Hubbard, Barbara Showalter, Patricia J. Haroskewicz, Judith J. Corso, Lauren Joyce & Richard Berman Resolution 2002-447 Lawrence K. Joyce Est., Wallace L. $255.00 Joyce, H. Lawrence, John J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso, Lauren Joyce & Richard Berman Resolution 91-490 Lawrence K. Joyce Est., Wallace L. $460.00 . Joyce, Helen Joyce& Richard Berman Resolution 94-195 Silas Bacon $245.00 Resolution 91-401 Silas Bacon $275.00 Resolution 2002-67 Silas Bacon, Jr. $255.00 Resolution 2004-130 Perseco Corporation, Empire $300.00 Development of Southwest Florida, LLC, & KKCM Group, LLC Resolution 96-49 Capitolis Auslandische $2,300.00 Resolution 2002-175 Horse Creek Partners L TD $255.00 TOTAL $37,640.40 Agenda Item No. 16A31 September 13, 2005 Page 2 of 29 Agenda Item No. 16A31 September 13, 2005 Page 3 of 29 FISCAL IMPACT: The only expense incurred by the County is the cost of recording the Releases and Satisfactions, which is to be approximately $10.00 per release, totaling $250.00 which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDA TION: That the Board of County Commissioners approve the Releases and Satisfactions. PREPARED BY: Leonardo Bonanno, Operations Coordinator - Code Enforcement Item Number: Item Summary: Meeting Date: Aqend8 Item No. 16A31 , September 13, 2005 Page 4 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A31 Recomrnendahun 10 approve the Rele"se and Salisfactio1l5 of Lien for payments rel;eiv~d 101 the tollowing Code Enforcement actions: Pastoor Proper1ies of Collier Coun1y, LLC, CEB 2005-15: John Lee Arnold & Dean A, Arnold Trustees, CEB 2005.14: Martin & Holly Walsh CEB 2004-33; Gopi'll Motwani. CEB 2003,.34; Manuel & Miriam Rosa, CEB 2003.19: N<lncy Mills, Mary Maxwell & Vanessa M. Uzupes, Resolution 96.520, 2002.195, 92-23, 96-169,95. 406: H. Javier & Sllcrry L. Castano. Resolution 2002.171; GJ Byrne. Resolution 96.244 & 9~H9: Lawrence K. Joyce Est.. Walla(:p, L Joyce, H, Lawrence, John J. Hubhard, BiHhala J. Larson. Patricia J HaroskeWlcz, Judith J Corso, Lauten Joyce & Richard Berman, Resolution 2001- 323,2002.173. 2003-285. 96.321, 99-102, 2002.447. 91.-490, ; Silas Bacon, ResolutiDIl 94..195, 91-401. Silas Bacon, Jr., Resolution 2002-67; Pe-lsecn COIporHtion Empire Development of Southwest Florida. LLC. & KKCM Group. LLC. Resolution 2004 -'30: Capi10lis Auslandische. Resolution 96.49; Horse Creek Parlners LTD. Resolution 2002.. 175 9113i2005 9:0000 AM Operations Manager o.te Prellared B)' Janet Powlllrs Community De'oletopment & Environmental Services Code Enforcement 619120052:15:53 PM Janel Powers Operations Manager Date AIII)rOved B)' Community Development & En'olironmental Services Code Enforcement 8/9/2005 5: 10 PM Approvcd B)' 0,,", Constance A. Johnson Oper.;rtions Analyst e!10/200!> 7:38 AM A pprm'cd By Community Development & Community Development 8. Environmental Services Environmental Servicos AdmIn Oat. Sandra L(!:a ExecutIve Secretary Community Development & C()mmunity Development & En'Jlfoornental Servu;e& Environmental Services Admm 8/10120056:47 AM Michelle Edwards Arnold Oat. AI)pnl\'cd B)' Community Development 8- Enviromllcntnl SerVlcel; Code- Enforcement Director Code Enforcement 8/2212005 5:33 PM AI1llrllvcd By Joseph K. Schmitt Community Devt'lopment & EnvlronlY\(!ntal Services Community Development 8- Environmental Service" Adminstrator Date Community Development & E.nvironmenta( SNviccs Admin 6123120055:15 PM AdministratIve Assistant Date ApllrllVctl B) OMS Coordinator Counly Mml.'lger's OffIce Ortlce of Management & Blldget 6124/200511:05 AM Mark Isackson Budget Analyst Date Approvcll BJ' County Manager's OffIce Office of M;,magonumt & Budgm 8.125/2005 4:00 PM MIchael Smykowski Oat, Apllroved B~" County M.1nager's Office MllnagNnent & Budget Director Office of M:mO'lgement & Budget 8129f2005 4:12 PM ApJlroved B~' LeoE. Dchs. Jr Board of County Commissioners Deputy County Manager DatI? County Manager'fi OffIce 8f29/2005 4:43 PM Agenda Item No. 16A31 September 13, 2005 Page 5 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples. Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated May 3, 2005, a certified copy of which was recorded in O.R. Book 3794, Pages 2391, et seq., on 5/10/2005, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Pastoor Properties of Collier County, LLC, has been discharged in full. Vanderbilt Galleria, Unit 102, a condominium according to the Declaration of Condominium recorded in OR Book 2862 Page 2103 Folio No. Cost: Reference: 79315000043 $1,063.86 CEB 2005-15 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Pastoor Properties of Collier County, LLC, and consents to this lien being discharged of record. Dated this day of ,2005. ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, CHAIRMAN By: Appr ved as to form and legal uffic' Jeffre Assist Agenda Item No. 16A31 September 13, 2005 Page 6 of 29 This instrument prepared by: Leonardo Bonanno. Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples. Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated AprilS, 2005, a certified copy of which was recorded in O.R. Book 3771, Pages 3470, et seq., on April 11, 2005, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by John Lee Arnold and Dean A. Arnold, Trustees, has been discharged in full. The Real Property located at 3584-3586 Mercantile Avenue, Naples as described in O.R. Book 2382, Page 2804, of the Public Records of Collier County, Florida. Folio No. Cost: Reference: 00275040002 $473.94 CBB 2005-14 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by John Lee Arnold and Dean A. Arnold, Trustees, and consents to this lien being discharged of record. Dated this day of ,2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN form and Agenda Item No. 16A31 September 13, 2005 Page 7 of 29 This instrument prepared by: Leonardo Bonanno. Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated 6/112005, a certified copy of which was recorded in O.R. Book 3818, Pages 2100, et seq., on 6/1012005, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Martin and Holly Walsh, has been discharged in full. Lot 19 Block C Sabal Lake Unit One according to plat book 15 pages 1-2 Folio No. Cost: Reference: 71755010183 $666.00 CEB 2004-33 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Martin and Holly Walsh, and consents to this lien being discharged of record. Dated this day of ,2005. ATTEST: DWIGIIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER .COUNTY, FLORIDA By: By: FRED W. COYLE, CHAIRMAN , Deputy Clerk Agenda Item No. 16A31 September 13, 2005 Page 8 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples. Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated January 27,2004, a certified copy of which was recorded in O.R. Book 3495, Pages 0803, et seq., on February 4, 2004, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Gopal Motwani has been discharged in full. The real property located .at 12327 Union Road, Naples, Florida, more specifically described in the deed recorded in Official Record Book 3006, Pages 2238, et seq., of the Public Records of Collier County. Folio No. 01058920500 Cost: $4,723.60 Reference: CEB No. 2003-034 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Gopal Motwani, and consents to this lien being discharged of record. Dated this day of ,2005. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CD:MMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, CHAIRMAN By: Agenda Item No. 16A31 September 13, 2005 Page 9 of 29 This instrument prepared by: Leonardo Bonanno. Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated March 2, 2004, a certified copy of which was recorded in O.R. Book 3515, Pages 1408, et seq., on March 8, 2004, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Manuel and Miriam Rosa has been discharged in full. The real property located at 3101 54th Street SW, Naples, Florida, more specifically described in the deed recorded in Official Record Book 2443, Pages 0497, et seq., of the Public Records of Collier County. Folio No. 364334??oo5 Cost: $20,000.00 Reference: CEB No. 2003-019 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Manuel and Miriam Rosa, and consents to this lien being discharged of record. Dated this day of .2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, CHAIRMAN App legal J effre Assis w......_.~..'-,.>_. Agenda Item No. 16A31 September 13, 2005 Page 10 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 96-520 against Nancy E. Mills and: Mary Maxwell 1482 Blue Point Ave Naples, FL 34102 and current owner: Vanessa M. Uzupes POBox 10853 Naples, FL 34101 The lien was recorded on 12/30/1996, Official Record Book 2266 Page(s) 170, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Five hundred eighty-one dollars and eighteen cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lake Kelly Unit 2 Lots 7 & 8 Cost: $290.00 Folio: 53350240004 Reference: 60528-066 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency \L>~ '?~ \ Thomas C. Palmer Assistant County Attorney ..,......~ Agenda Item No. 16A31 September 13, 2005 Page 11 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SA TlSF ACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2002-195 against Namcy E. Mills and: Mary Maxwell 1482 Blue Point Ave Naples, FL 34102 and current owner: Vanessa M. Uzupes POBox 10853 Naples, FL 34101 The lien was recorded on 5/14/2002, Official Record Book 3036 Page(s) 1502, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Five hundred seventy-six dollars and twelve cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lake Kelly Unit 2 Lots 7 & 8 Cost: $425.00 Reference: 2097 Folio: 53350240004 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency ~~~ Thomas C. Palm r Assistant County Attorney """-...r^.....~._,.~ Agenda Item No. 16A31 September 13, 2005 Page 12 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 92-23 against Nancy E. Mills and: Mary Maxwell 1482 Blue Point Ave Naples, FL 34102 and current owner: Vanessa M. Uzupes POBox 10853 Naples, FL 34101 The lien was recorded on 2/26/1992, Official Record Book 1690 Page(s) 924, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Seven hundred fifty dollars and twenty cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lake Kelly Unit 2 Lots 7 & 8 Cost: $290.00 Reference: 91-08-00909 Folio: 53350240004 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency ~~~ Thomas C. Palmer Assistant County Attorney Agenda Item No. 16A31 September 13, 2005 Page 13 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 96-169 against Nancy E. Mills and: Mary Maxwell 1482 Blue Point Ave Naples, FL 34102 and current owner: Vanessa M. Uzupes POBox 10853 Naples, FL 34101 The lien was recorded on 5/6/1996, Official Record Book 2179 Page(s) 34, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Eight hundred twenty-seven dollars and sevnty-two cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lake Kelly Unit 2 Lots 7 & 8 Cost: $399.00 Reference: 50921-095 Folio: 53350240004 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of C1Junty Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ArrEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency ~~~~ Thomas C. Palmer Assistant County Attorney i..,....,~'.............,.- Agenda Item No. 16A31 September 13, 2005 Page 14 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 95-406 against Nancy E. Mills and: Mary Maxwell 1482 Blue Point Ave Naples, FL 34102 and current owner: Vanessa M. Uzupes POBox 10853 Naples, FL 34101 The lien was recorded on 8/28/1995, Official Record Book 2093 Page(s) 952, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Five hundred forty-six dollars and ninety-one cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lake Kelly unit 2 lots 7 & 8 Cost: $254.00 Reference: 50124-009 Folio: 53350240004 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of ,2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency w~ ~UA--- Thomas C. Palmer Assistant County Attorney ."," _.~. ',-. ~...-./-.~--'-~ ~_.,'.. "."...."...--.....~.l Agenda Item No. 16A31 September 13, 2005 Page 15 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the' owner and holder of a certain lien by Resolution No. 2002-171 against: H. Javier Castano & Sherry L. 8235 Wilshire Lakes Blvd. Naples, FL 34109 The lien was recorded on 04/30/2002, Official Record Book 3027 Page(s) 2701-2702, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lots 14,15,36,37 and 38, Block 17, NAPLES PARK, Unit 2, Recorded in Plat Book 2, Page 107 Cost: $255.00 Reference: 2054 Folio: 62570420006 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, Chairman Approved as to fonn and legal sufficiency ~~ Thomas C. Palmer Assistant County Attorney Agenda Item No. 16A31 September 13, 2005 Page 16 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SA TISF ACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of certain liens by Resolution No. 96-244 and 99-19 against: GJ BYRNE P.O. Box 958 Pocono Pines, PA 18650 The liens were recorded on 06/28/1996 and 02/22/1999, Official Record Book 2200 Page(s) 1217 and Book 2515 Page(s) 920, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Thousand Four Hundred Forty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 27, Block 4, Marco Higland Subdivision, Recorded in Plat Book 3, Page 72 of the Public Records of Collier County, Florida Cost: $2,445.00 Reference: 51004-046/80327-064 Folio: 59082600000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the liens and hereby cancels said liens. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the liens cease to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency ~ ~Ju..---- Thomas C. Palmer Assistant County Attorney Agenda Item No. 16A31 September 13, 2005 Page 17 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2001-323 against Lawrence K. Joyce Est., and Wallace L. Joyce, Lawrence H., John J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso and Lauren Joyce, c/o: Joyce ET AL, Wallace Landon 506 Quinipac Ave North Haven, CT 06473 and current owner: Richard F. Berman 611 1 st Street, Southwest Naples, Florida 34117 The lien was recorded on 10/3/2001, Official Record Book 2901 Page(s) 1763, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Three hundred sixty-nine dollars and thirty-nine cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: South Tamiami Hgts Blk D Lot 6 Cost: $255.00 Reference: 918260 Folio: 74412240002 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency \~, p~ Thomas C. Palmer Assistant County Attorney Agenda Item No. 16A31 September 13, 2005 Page 18 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2002-173 against Lawrence K. Joyce Est. and Wallace L. Joyce, Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Patricia J. Corso, Judith J. Corso and Lauren Joyce, c/o: Joyce ET AL, Wallace Landon 506 Quinipac Ave North Haven, CT 06473 and current owner: Richard F. Berman 611 1st Street, Southwest Naples, Florida 34117 The lien was recorded on 4/30/2002, Official Record Book 3027 Page{s) 2705, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Three hundred fifty-one dollars and sixty-seven cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: South Tamiami Hgts Blk D Lot 6 Cost: $255.00 Reference: 919117 Folio: 74412240002 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chai011an Deputy Clerk Approved as to fo011 and legal sufficiency ~~ ~- Thomas C. Palmer Assistant County Attorney Agenda Item No. 16A31 September 13, 2005 Page 19 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2003-285 against: Joyce ET AL, Wallace Landon 506 Quinipac Ave North Haven, CT 06473 and current owner: Richard F. Berman 611 1st Street, Southwest Naples, Florida 34117 The lien was recorded on 9/15/2003, Official Record Book 3396 Page(s) 2764, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Three hundred nineteen dollars and fifty-nine cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Cost: $255.00 South Tamiami Hgts Blk D Lot 6 Reference: 920070 Folio: 74412240002 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency <\'~- ~~ Thomas~c;. Palmer Assistant County Attorney Agenda Item No. 16A31 September 13, 2005 Page 20 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 96-321 against Lawrence K. Joyce Estate, c/o: Joyce ET AL, Wallace Landon 506 Quinipac Ave North Haven, CT 06473 and current owner: Richard F. Berman 611 1 st Street, Southwest Naples, Florida 34117 The lien was recorded on 8/23/1996, Official Record Book 2220 Page(s) 1869, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two thousand fifty-nine dollars and forty-four cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: South Tamiami Hgts Blk D Lot 6 Cost: $1,000.00 Reference: 817879 Folio: 74412240002 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of ,2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency 1 LMA. 0~ Thomas C. Palmer Assistant County Attomey ~,- . -,. .........,_....~.- ~.. --.'. ....----"...... ----,--------- Agenda Item No. 16A31 September 13, 2005 Page 21 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, Fl 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 99-102 against Wallace L. Joyce, Lawrence Joyce, Joan H. Hubbard, Barbara Showalter, Patricia Harkowewicz, Judith J. Corso, and lauren K. Bowers, c/o: Joyce ET Al, Wallace Landon 506 Quinipac Ave North Haven, CT 06473 and current owner: Richard F. Berman 611 1st Street, Southwest Naples, Florida 34117 The lien was recorded on 3/16/1999, Official Record Book 2523 Page(s) 3433, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Four hundred thirty dollars and eighty-four cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: South Tamiami Hgts Blk D Lot 6 Cost: $245.00 Reference: 916411 Folio: 74412240002 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. . IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency ~~~~ Thomas C. Palmer Assistant County Attorney - .....__........,.....-._....-..._-...~....,._... '-'..' Agenda Item No. 16A31 September 13, 2005 Page 22 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2002-447 against Lawrence K. Joyce Est. and Wallace L. Joyce, Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso and Lauren Joyce, c/o: Joyce ET AL, Wallace Landon 506 Quinipac Ave North Haven, CT 06473 Richard F. Berman 611 1 st Street, Southwest Naples, Florida 34117 and current owner: The lien was recorded on 11/27/2002, Official Record Book 3163 Page(s) 732, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Three hundred thirty-six dollars and thirty-seven cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: South Tamiami Hgts Blk D Lot 6 Cost: $255.00 Reference: 2172 Folio: 74412240002 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency ~~~ Thomas C. Palmer Assistant County Attorney Agenda Item No. 16A31 September 13, 2005 Page 23 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 91-490 against Lawrence K. and Helen M. Joyce, c/o: Joyce ET AL, Wallace Landon 506 Quinipac Ave North Haven, CT 06473 and current owner: Richard F. Berman 611 1st Street, Southwest Naples, Florida 34117 The lien was recorded on 7/23/1991, Official Record Book 000 Page(s) 177/178, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of One thousand two hundred twenty-eight dollars and forty-six cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: South Tamiami Hgts Blk D Lot 6 Cost: $460.00 Reference: 91-02-02-02189 Folio: 74412240002 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency ~~ Thoma C. Palmer Assistant County Attorney Agenda Item No. 16A31 September 13, 2005 Page 24 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 94-195 against: Silas Bacon PO Box 51412 Fort Myers, FL 33994 The lien was recorded on 5/5/1994, Official Record Book 1943 Page(s) 2222, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Three hundred forty-seven dollars and Seventy- four cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 20 Pine Grove Subdivision of the town of Immokalee Cost: $245.00 Reference: 30810-066 Folio: 66930680000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency ~JP~ Thomas C. Palmer Assistant County Attorney _...::::'.:'::.:,........,,;.,..~~ Agenda Item No. 16A31 September 13, 2005 Page 25 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 91-401 against: Silas Bacon PO Box 51412 Fort Myers, FL 33994 The lien was recorded on 6/28/1991, Official Record Book 1628 Page(s) 0711, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Five hundred seventeen dollars and twenty-six cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 20 Pine Grove subdivision of the town of Immokalee Cost: $275.00 Reference: 91-01-00789 Folio: 66930680000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHERE0F, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency ~~~ Thomas C. Palmer Assistant County Attorney Agenda Item No. 16A31 September 13, 2005 Page 26 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2002-67 against Silas Bacon, Sr., c/o: Silas Bacon Jr. PO Box 51412 Fort Myers, FL 33994 The lien was recorded on 3/6/2002, Official Record Book 2993 Page(s) 3096, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Three hundred forty-eight dollars and twenty-eight cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Pine Grove Lots 21 & 22 Cost: $255.00 Reference: 918707 Folio: 66930720009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency \~ ()~ Thomas C. Parmer Assistant County Attorney Agenda Item No. 16A31 September 13, 2005 Page 27 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SA TISF ACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2004-130 against Perseco Corp. and: Empire Development of Southwest Florida, LLC, 1924 Santa Barbara Blvd., Suite #1, Naples, FL 34116 and Current Owner: KKCM Group, LLC, 975 6th Ave. South, Suite 200, Naples, FL 34102 The lien was recorded on 5/20/2004, Official Record Book 3568 Page(s) 3567, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Three hundred forty-one dollars and ninety-eight cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Golden Gate unit 5 all that part of blk 154 Cost: $300.00 Reference: 2475 Folio: 36232120007 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency ~ ~k--- Thomas ~. Palmer Assistant County Attorney Agenda Item No. 16A31 September 13, 2005 Page 28 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 96-49 against: Capitolis Auslandische Liegenaschaften AG Sauerwiesweg 8 6200 Wiesbaden Germany The lien was recorded on 3/15/96, Official Record Book 2159 Page(s) 870, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Thousand Three Hundred Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 32, Block 3, Naples Park, Unit NO.1 Plat Book 1, Page 106 Cost: $2300.00 Reference: 50626-075 Folio: 62411360005 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of I 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency ~- (>~ Thomas . Palmer Assistant County Attorney Agenda Item No. 16A31 September 13, 2005 Page 29 of 29 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2002-175 against Palm River Estates, Inc., and current owner: Horsecreek Partners L TD 1166 Dimock Ln Naples, FL 34110 The lien was recorded on 4/30/2002, Official Record Book 3027 Page(s) 2709/2710, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Palm River Estates Unit 2 Lot 856 Cost: $255.00 Reference: 2017 Folio: 65274720009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency Thoma~J~~--- Assistant County Attorney Agenda Item No. 16A32 September 13, 2005 Page 1 of 25 EXECUTIVE SUMMARY Recommendation to approve Resolutions and Legal Notice(s) of Assessment of Lien against those properties in violation of Ordinance 99-51 for the direct costs incurred by Collier County for the abatement of certain nuisances. OBJECTIVE: To approve execution and recording of the Resolutions assessing the direct costs of abatement of certain nuisances. CONSIDERATIONS: .- Reference Owner of Record Lien Amount 2684 Margarita Munoz $255.00 2711 Carlos Walton, Dorville Carrington $255.00 & Hayley Carrin~ton-Walton 2718 Rosemarie D. Pol umbo $255.00 2723 Ramon Mesa $1,600.00 2726 Ramon Mesa $1,800.00 2732 George T. & Veronica M. $255.00 Catrombon 2734 Candelaria Francisco & Angelica $255.00 Miquel 2737 Peggy H. Taylor $255.00 . 2738 Luis Antonio Maccou $255.00 2741 Lloyd L. Bowein $255.00 2742 ACI Development, LC $255.00 TOTAL $5,695.00 FISCAL IMPACT: The only expense incurred by the County is the cost of recording the Resolutions and Legal Notice(s) of Assessment of Lien, totaling $203.50, which is budgeted and available in the current fiscal year Code Enforcement budget. - GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. Agenda Item No. 16A32 September 13, 2005 Page 2 of 25 LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners approve the Resolutions and Legal Notice(s) of Assessment of Lien PREPARED BY: Leonardo Bonanno, Operations Coordinator - Code Enforcement -, AQencla Item No 16A32 ~ Seplemuer l:t 2005 Page 3 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ttem Number: Item Summary: 16A32 Rel'..ommerldalion to approve Resolutions and legal No1ice(s) of Assessment of lien <l~ainst those properties in violation 01 Ordinance 9951 for th;: dIrect costs incuned by Collier County for the abatement 01 certain nuisances Meeting Date: 9/13/2005 9:00:00 AM Prepared B)o' Janet Powers Communit~ Oc....elopmen1 & Envlronmen1al ServIces Opera1lons Manager Date Code Enlorcement 6/22/20054:08:47 PM Approved By $nndra lell EJ(ecutive Secretary community Development & Community Development 8. Environmental Services Envlromnentlll Services Admin Date 81231200512:14 PM Approved B)' Con&tance A. John5on Operations Anbtyst Community Development & Community Development & Environmental Services Environmcn1nl Services Admin, Dorte 8/23120051:27 PM Approved By Michelle Edwards Arnold Communi1Y Development 8. Environmental Se-rvlcel> Code Enforce~nt Director Date Code Enforcemen1 8/23/2005 2:44 PM Appro'\'ed B)' Joseph K. Schmitt Community Development 8. Envlronment.11 Services Admins1rator Date Community Development & Environmental Services Community Development & Envlronmt:.'ntal Services Admin. 8123120055:30 PM Approved B)' OMB Coordinator Administrative A:s!iistant Date County Manager's Office Oftlce of Management & Budget 8(2412005 11:04 AM Approved B)' Mark Isackson Budget Analyst Dorte County Man,]~r's Office Office of Management 8. Budget {l12512005 4:07 PM Apl.rClvcd By Michael Smvkowski Management &. 8ud~let DIrector Date County Manager's Office Offic~l of Mandgement &. Budget 812912005 3:56 PM Allllruvcd B~' J1llnes V. Mudd Board of County CommiSSioners County Manager Date County Manager's Offico 6130120051:27 PM RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED Agenda Item No 16A32 September 13. 2005 Page 4 of 25 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: MARGARITA MUNOZ LEGAL DESCRIPTION: Block A Myrtle Cove 32-50-26 that port sec 32 together with that port It 31, more specifically described in the deed recorded in Official Record Book 3316, Page 500 of the Public Records of Collier County, Florida, a.k.a. 5400 Treetops Drive. COST: $255.00 REFERENCE: 2684 FOLIO: 00440000000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. Ifwithin twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2005. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: ~O~~ Thomas . Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No. 16A32 September 13, 2005 Page 5 of 25 MARGARITA MUNOZ 4049 Estey Avenue Naples, FL 34104 REFERENCE 2684 FOLIO 00440000000 RESOLUTION 2005-_ LEGAL DESCRIPTION: Block A Myrtle Cove 32-50-26 that port sec 32 together with that port It 31, more specifically described in the deed recorded in Official Record Book 3316, Page 500 of the Public Records of Collier County, Florida, a.k.a. 5400 Treetops Drive. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on December 29, 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty-Five ($55.00) dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty-Five ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN TmS NOTICE MAY RESULT IN A LIEN AGAINST ~ OF YOUR PROPERTY IN COLLIER COUNTY. RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED Agenda Item No. 16A32 September 13, 2005 Page 6 of 25 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CARLOS W AL TON AND DORVILLE CARRINGTON AND HAYLEY CARRINGTON- W AL TON LEGAL DESCRIPTION: Lots 1,2 and North 20ft oflot 3, Block A, Haldeman River Subdivision, more specifically described in the deed recorded in Official Record Book 3606, Page 1336 of the Public Records of Collier County, Florida, a.k.a. 2656 PINE STREET. COST: $255.00 REFERENCE: 2711 FOLIO: 48730040004 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment ofUen to the owner(s) of the above-described property. Ifwithin twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK. BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: ~~ ?~ Thomas . Palmer, ASSistant County Attorney BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No. 16A32 September 13, 2005 Page 7 of 25 CARLOS WALTON DORVILLE CARRINGTON AND HAYLEY CARRINGTON-WALTON 1220 NE 204th Terrace North Miami Beach, FL 33179 REFERENCE 2711 FOLIO 48730040004 RESOLUTION 2005-_ LEGAL DESCRIPTION: Lots 1,2 and North 20ft oflot 3, Block A, Haldeman River Subdivision, more specifically described in the deed recorded in Official Record Book 3606, Page 1336 of the Public Records of Collier County, Florida, a.k.a. 2656 PINE STREET. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on March 11, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIlli ORDINANCE No. 99-51, AS AMENDED Aoenda Item No. 16A32 ~ September 13. 2005 Page 8 of 25 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: ROSEMARIE D. POLUMBO LEGAL DESCRIPTION: Naples Park Unit 2 Block 19 Lot 3, more specifically described in the deed recorded in Official Record Book 1488, Page 697 of the Public Records of Collier County, Florida, a.k.a. 691 1 08TH AVENUE NORTH, NAPLES. COST: $255.00 REFERENCE: 2718 FOLIO: 62573080003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and l,gW'u~~: ~~ Thomas 2. ~almer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No. 16A32 September 13, 2005 Page 9 of 25 ROSEMARIE D. POLUMBO PO Box 661 Malden, MA 02148 REFERENCE 2718 FOLIO 62573080003 RESOLUTION 2005- LEGAL DESCRIPTION: Naples Park Unit 2 Block 19 Lot 3, more specifically described in the deed recorded in Official Record Book 1488, Page 697 of the Public Records of Collier County, Florida, a.k.a. 691 108TH AVENUE NORlH, NAPLES. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on April 13, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ~ OF YOUR PROPERTY IN COLLIER COUNTY. RESOLUTION NO. 2005- Agenda Item No. 16A32 September 13. 2005 Page 10 of 25 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annwn. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: RAMON MESA LEGAL DESCRIPTION: Naples Manor Lakes Block 17 Lot 1-4, more specifically described in the deed recorded in Official Record Book 993, Page 572 of the Public Records of Collier County, Florida, a.k.a. 5470 CAROLINA A VENUE, NAPLES. COST: $1,600.00 REFERENCE: 2723 FOLIO: 62265840001 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this,_ day of 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: lDwL W~ Thomas C. Palmer, Assistant County Attorney ~_~~___ J BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No. 16A32 September 13, 2005 Page 11 of 25 RAMON MESA 5911 SW 44th Terrave Miami, FL 33155 REFERENCE 2723 FOLIO 62265840001 RESOLUTION 2005-_ LEGAL DESCRIPTION: Naples Manor Lakes Block 17 Lot 1-4, more specifically described in the deed recorded in Official Record Book 993, Page 572 of the Public Records of Collier County, Florida, aka. 5470 CAROLINA AVENUE, NAPLES. You, as the ownerCs) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on February 3, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of One Thousand Four Hundred ($1,400.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of One Thousand Six Hundred ($1,600.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED Agenda Item No. 16A32 September 13. 2005 Page 12 of 25 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: RAMON MESA LEGAL DESCRIPTION: Naples Manor Lakes Block 17 Lot 1-4, more specifically described in the deed recorded in Official Record Book 993, Page 572 of the Public Records of Collier County, Florida, a.k.a. 5411 TEXAS AVENUE. COST: $1,800.00 REFERENCE: 2726 FOLIO: 62265920002 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property o\\'lled by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: \ON\ ~J~ Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No. 16A32 September 13, 2005 Page 13 of 25 RAMON MESA 5911 SW 44th Terrave Miami, FL 33155 REFERENCE 2726 FOLIO 62265920002 RESOLUTION 2005-_ LEGAL DESCRIPTION: Naples Manor Lakes Block 17 Lot 1-4, more specifically described in the deed recorded in Official Record Book 993, Page 572 of the Public Records of Collier County, Florida, a.k.a. 5411 TEXAS AVENUE. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on February 3, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of One Thousand Six Hundred ($1,600.00) DolIars plus an administrative cost of Two Hundred ($200.00) dollars for a total of One Thousand Eight Hundred ($1,800.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST AY. OF YOUR PROPERTY IN COLLIER COUNTY. RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED Agenda Item No. 16A32 September 13. 2005 Page 14 of 25 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GEORGE T. CATROMBON AND VERONICA M. CATROMBON LEGAL DESCRIPTION: Isles of Capri No.2 Lot 166, more specifically described in the deed recorded in Official Record Book 1152, Page 532 of the Public Records ofCoIlier County, Florida, a.k.a. 117 JAMAICA DRIVE, NAPLES. COST: $255.00 REFERENCE: 2732 FOLIO: 52391280008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property'owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK. BY: FRED W. COYLE, CHAIRMAN Approved as to form and l'gW'~~ ~ Thomas k Palmer, Assistant County Attorney Agenda Item No. 16A32 September 13. 2005 BOARD OF COUNTY COMMISSIONERS Page 15 of 25 THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GEORGE T. CATROMBON VERONICA M. CATROMBON 103 Union Road Frencbtown, NJ 88250 REFERENCE 2732 FOLIO 52391280008 RESOLUTION 2005-_ LEGAL DESCRIPTION: Isles of Capri No.2 Lot 166, more specifically described in the deed recorded in Official Record Book 1152, Page 532 of the Public Records of Collier County, Florida, a.k.a. 117 JAMAICA DRIVE, NAPLES. You, as the ownerCs) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 8, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULA nON OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN TIDS NOTICE MAY RESULT IN A LIEN AGAINST ~ OF YOUR PROPERTY IN COLLIER COUNTY. RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF DEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED Agenda Item No 16A32 September 13, 2005 Page 16 of 25 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CANDELARIA FRANCSICO AND ANGELICA MIQUEL LEGAL DESCRIPTION: Seminole Subdivision Block A Lots 26 & 27, more specifically described in the deed recorded in Official Record Book 1529, Page 691 of the Public Records of Collier County, Florida, a.k.a. 602 CLIFTON STREET, IMMOKALEE. COST: $255.00 REFERENCE: 2734 FOLIO: 73180560002 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and ',gal ,u~,y, ~ 1tJ\,v-. Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No. 16A32 September 13, 2005 Page 17 of 25 CANDELARIA FRANCSICO ANGELICA MIQUEL PO Box 490 Immokalee, FL 34143 REFERENCE 2734 FOLIO 73180560002 RESOLUTION 2005- LEGAL DESCRIPTION: Seminole Subdivision Block A Lots 26 & 27, more specifically described in the deed recorded in Official Record Book 1529, Page 691 of the Public Records of Collier County, Florida, a.k.a. 602 CLIFTON STREET, IMMOKALEE. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 8, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED Agenda Item No, 16A32 September 13, 2005 Page 18 of 25 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: PEGGYH. TAYLOR LEGAL DESCRIPTION: lnomah Subdivision Block A Lots 15, 16 & 17, more specifically described in the deed recorded in Official Record Book 1848, Page 215 of the Public Records of Collier County, Florida, a.k.a. 2361 WASHINGTON AVENUE, NAPLES. COST: $255.00 REFERENCE: 2737 FOLIO: 51690320000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: ~ ~JCUL-- Thomas C. Palmer, Assistant County Attorney Agenda Item No. 16A32 September 13, 2005 BOARD OF COUNTY COMMISSIONERS Page 19 of 25 THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PEGGY H. TAYLOR 27367 Imperial Oak Circle Bonita Springs, FL 34135 REFERENCE 2737 FOLIO 51690320000 RESOLUTION 2005-_ LEGAL DESCRIPTION: Inomah Subdivision Block A Lots 15, 16 & 17, more specifically described in the deed recorded in Official Record Book 1848, Page 215 of the Public Records of Collier County, Florida, a.k.a. 2361 WASHINGTON AVENUE, NAPLES. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 20, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROmBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST A1L OF YOUR PROPERTY IN COLLIER COUNTY. RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED Agenda Item No. 16A32 September 13, 2005 Page 20 of 25 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LUIS ANTONIO MACCOU LEGAL DESCRIPTION: 94729 Comm NW CNR ofEI/2 ofNE 1/4 of SWl/4 ofNEl/4, S 200FT to POB, S 235.87FT, E Continued (per tax roll page 128), more specifically described in the deed recorded in Official Record Book 3583, Page 1268 of the Public Records of Collier County, Florida, a,k.a. 512 STOKES AVENUE, IMMOKALEE. COST: $255.00 REFERENCE: 2738 FOLIO: 00133320000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment ofUen to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2005. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and "g.J,~~,y, ~ l~ . Thomas C. Palmer, ASSIstant County Attorney BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No. 16A32 September 13, 2005 Page 21 of 25 LUIS ANTONIO MACCOU 3131 60th Avenue NE Naples, FL 34120 REFERENCE 2738 FOLIO 00133320000 RESOLUTION 2005-_ LEGAL DESCRIPTION: 94729 Comm NW CNR ofEI/2 ofNE 1/4 ofSWI/4 ofNE1/4, S 200FT to POB, S 235.87FT, E Continued (per tax roll page 128), more specifically described in the deed recorded in Official Record Book 3583, Page 1268 of the Public Records of Collier County, Florida, a.k.a. 512 STOKES AVENUE, IMMOKALEE. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on May 20, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. RESOLUTION NO. 2005- Agenda Item No. 16A32 September 1 3. 2005 Page 22 of 25 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LLOYD L. BOWEIN LEGAL DESCRIPTION: Lots 20 & 21, Block 3, Naples Park Unit I, more specifically described in the deed recorded in Official Record Book 2810, Page 3478 of the Public Records of Collier County, Florida, a.k.a. 847 108TH AVENUE NORTH UNIT I, NAPLES. COST: $255.00 REFERENCE: 2741 FOLIO: 62411000006 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: ~01Uu-- Thomas C. Palmer, Assistant County Attorney ,..'- Agenda Item No. 16A32 September 13, 2005 BOARD OF COUNTY COMMISSIONERS Page 23 of 25 THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LLOYD L. BOWEIN 10021 Gulfsbore Drive Naples, FL 34108 REFERENCE 2741 FOLIO 62411000006 RESOLUTION 2005-_ LEGAL DESCRIPTION: Lots 20 & 21, Block 3, Naples Park Unit 1, more specifically described in the deed recorded in Official Record Book 2810, Page 3478 of the Public Records of Collier County, Florida, a.k.a 847 108TH AVENUE NORTH UNIT 1, NAPLES. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 13, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED Agenda Item No. 16A32 September 13, 2005 Page 24 of 25 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: ACl DEVELOPMENT, LC LEGAL DESCRIPTION: Lot 32 Block 3 Naples Park Unit 1, more specifically described in the deed recorded in Official Record Book 2779, Page 2084 of the Public Records of Collier County, Florida, a.k.a. 802 109TH AVENUE NORTH UNIT 1, NAPLES. COST: $255.00 REFERENCE: 2742 FOLIO: 62411360005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the. extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2005. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and 1,ga1 'Uffi"~: ~ ThOmas1t;almer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No, 16A32 September 13, 2005 Page 25 of 25 ACIDEVELOPMENT,LC 7544 Treeline Drive Naples, FL 34119 REFERENCE 2742 FOLIO 62411360005 RESOLUTION 2005-_ LEGAL DESCRIPTION: Lot 32 Block 3 Naples Park Unit 1, more specifically described in the deed recorded in Official Record Book 2779, Page 2084 of the Public Records of Collier County, Florida, a.k.a. 802 109TH AVENUE NORTH UNIT 1, NAPLES. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Eriforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 13, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHffiITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total ofTwo Hundred Fifty Five ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lie!) on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST &!t. OF YOUR PROPERTY IN COLLIER COUNTY. _. - Agenda Item No. 16A33 September 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Verona Pointe", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Verona Pointe", a subdivision of lands located in Section 13, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Verona Pointe". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Verona Pointe" be approved for recording. FISCAL IMPACT: The project cost is $643,234.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $309,864.00 - $333,370.67 The Security amount, equal to 110% of the project cost, is $707,558.14 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $20,372.04 Agenda Item No. 16A33 September 13, 2005 Fees are based on a construction estimate of $643,234.67 and were paidFjfllge 2 of 4 March, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$1,075.00 b) Ctmstruction Drawing Review Fee Water & Sewer (.75% const. est.) - $2,323.98 c) Drainage, Paving, Grading (.75% const. est.) - $2,500.28 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $6,971.94 e) Drainage, Paving, Grading(2.25%const.est.) - $7,500.84 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Verona Pointe" for recording with the following stipulations: 1. Approve the amount of $707,558.14 as performance security for the required improvements; or such lesser amount based on work completed I and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Aqenda Item No 16A33 ~ Septernber13, 2005 Page ::I 01 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A33 RecommendatIOn to approve for recording the fin~1 pial of Verona Pointe, approval of the stat\dard torm Construction and Maintenance Agreement and approval of the amount at the pertormance security Meeting Date: 9/13/2005 900:00 AM Prepared By John Houldsworth Sooior Engineer Date Community Development & Environmental Services Engineenng Services Bf2412005 8:30:34 AM Approved By Constance A. Johnson Operations Analyst Community Development & Community Development & Environmental ServIces Environmental Services Admin Ome 812412005 9:51 AM A ppro\"cd By Sandra Lea Executive Secretary Dme Community Development & Community Development & E.nvironnmntal Services Environmentnl Services Admin. 8/24/2005 1D:20 AM AI1llrovcd By Community Development & Environmental Servic~ Community Development & Enyironmental Services Admlnstrirtor Community Development & Environmental Serviws Admin. D:;:lte Joseph K. Schmitt 6/2412005 8:2~ PM Apllrond By OMS Coordinator Administrative Astu!>tant Date County Manager's Office Office 0' Man.a~ment & Budget 8129/20059:31 AM Allprovcd By Mark Isackson Budget Analyst Date County Manager's OffIce Office of Management & Budget 6/291200512:57 PM AI)prllVed By Michil0l Smykowski MallagerTlCnt & Budget Director Date County Manager's Office Office of Management & Budget 8/29J.2005 4: 14 PM AIlI)rO\lcd By James V. Mudd County Mallll(ler Date Board of County Commissioners COllnty Manager's Office 6/3012Q05 3:23 PM (')L.()oo::j' (')0_ <(00 CONoo::j' .- - . (') OJ O.-en Z....C'O OJD... ED 2E -OJ (\lei. "DOJ ~(/) en <( ~~ ~, a~ >- f-- Z ::J o U w W -l ~ ~g ~ 1-2 00 w- -,1- 0"" 0:0 0..0 -l ~ \:)@ \, ~r I I I ~~ 31'9':)5 01 lON ;' - ~ 0~ ,~ ~ ~-=- , u~ . ! " ~~ 0 ~ < ~~ 0 " ;; ~~ g ~~~ , ~~ ~ ~ < Z ~ ~ ~: ~ ~~: ~ L ~~ ~ ~ ~~~ ~- ~~ ~~ ~ ~ ~ '" ~ ,~ ." >- \ ~~[ ~ ~i ~~ I~Ll:nl avot:l DNlllnd.lt:10dt:ll'o' b/ ~: ~ ~~ NU ~~~ ~ <- i~ ~ ~r O/:/1M31nOB .l/r>j''v'~.;j ~g r, ". B~, z o ~ ~ 2 0- <{ L lJJ ~ en LIJ t- Z C5 ll.. oCl: Z o D:: LIJ > 0- <{ L z o ~ <{ U o ...J Agenda Item No. 16A34 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to reconsider the Conservation Collier Active Acquisition List regarding the Winchester Head project and to discontinue buying property in the Winchester Head project for 90 days OBJECTIVE: Present updated information regarding yet-to-be acquired Active Acquisition List projects for reconsideration due to rising property values. .,- CONSIDERA TIONS: The current Active Acquisition List (AAL) for Conservation Collier lists the properties approved for purchase. Some of these have not been purchased yet for various reasons, and some have values that are rising substantially beyond estimated costs provided at the time a decision was made to purchase. Conservation Collier currently has three individually owned properties and two multi-parcel projects that have been approved but are not yet under contract or purchased. These are identified in Table 1 with acreages and estimated values.l The estimates for the two multi-parcel projects, Winchester Head and NGGE Unit 53, have been updated based on current appraisals and area sales. Table 2 further breaks down what has been purchased and what is pending in the multi-parcel projects. In late 2004, when the decision was being made to recommend and approve cycle 2 properties, staff estimated a cost of acreage in the Winchester Head multi-parcel project at $25,600 per acre. At this time, the NGGE Unit 53 multi-parcel project was already underway with an earlier approval based on a 2003 estimated cost of $11,180 per acre. Since that time, land values for both projects have risen dramatically. A recent appraisal for a 1.14-acre Winchester Head lot came in at $45,000. A recent look at sales in NGGE Unit 53 shows parcels being purchased for $40,000 an acre. Speculation buying in these areas may be driving costs upwards. The attached Multi-parcel Projects 5-year Projected Costs sheet was recently updated to provide additional information. Table 1. Properties Estimated Cost Acreage Talon Land Group $1,870,000 80 Fleischmann - north of parkway $2,000,000 13 Collier Development Corp $1,704,100 49 Winchester Head multi-parcel $14,449,500 285 NGGE Unit 53 multi-parcel $9,165,000 141 Total $29,188,600 568 I Talon Land Group may end up being donated under TDR bonus regulation; the Fleischmann parcel (north of Golden Gate Parkway) is waiting for an upland/wetland determination to see exactly how much wetland property is there before appraisal; For the Collier Development Corp parcel, we have made an offer but Real Estate Services is working with their representative >_ regarding some concerns related to our appraisal. We can update the Board on progress at the September 13th meeting. 1 .,,,,....., Agenda Item No. 16A34 September 13, 2005 Page 2 of 3 Table 2. Multi-parcel:proiects ..~Acreages Winchester Head NGGEUnit 53 Acres acquired 6.6 27.53 Acres under contract 1.14 3.89 Acres having open offers 4.32 0 Acres appraisals in but offers not made 2.28 0 Total remaining acres to be acquired 133.26 253.58 Core acres remaining to be acquired 59.13 91.77 Considering the value escalations in both multi-parcel projects, staff has re-estimated the amount of funds committed under the current AAL, reducing the earlier estimate of $28.4 million uncommitted to approximately $12.7 million in uncommitted funds. On August 8,2005, the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) met in regular session and, after public discussion, made a recommendation to stop buying lands in the Winchester Head multi-parcel project for 90 days, excluding those properties for which staff had obtained appraisals and was poised to make offers (2 properties). After this time, continued buying would be re-evaluated based on existing market conditions. Staff will present this information to the CCLAAC for their consideration and recommendations and then provide the Board of County Commissioners (BCe) with another recommended course of action. FISCAL IMP ACT: Estimated costs in the Winchester Head multi-parcel project have risen 20% since originally calculated in 2004. Costs in NGGE Unit 53 have risen close to 250% since originally calculated in 2003. Values for the other AAL projects not already acquired are certainly rising as well. If the program continues buying pursuant to the AAL, there may not be enough remaining funds to buy desired parcels within the Fleischmann/Caribbean Gardens property, and/or funds for 3rd cycle property purchases will be limited. Staff currently estimates that Conservation Collier may have approximately $12.7 million in uncommitted funds, down from an estimate of $28.4 million in uncommitted funds made earlier this year. GROWTH MANAGEMENT IMP ACT: Conservation Collier purchases are consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier ordinance (2002-63, Section 11.4) states that projects will only be removed from the Active Acquisition List by successful purchase of the site, approval of the next succeeding list, withdrawal of positive interest by the property owner, or by resolution of the Board of County Commissioners. Projects removed may still be considered at a later date. RECOMMENDATION: Staff recommends the BCC reconsider the AAL in light of rising property values in the multi-parcel projects and the potential Fleischmann / Caribbean Gardens purchase and accept the CCLAAC's recommendation to discontinue buying property in the Winchester Head project for 90 days, after which staff will bring to the BCC an updated course of action. Prepared by: Alexandra 1. Sulecki, Sf. Environmental Specialist, Environmental Services Department 2 Aaencla Item No, 16A34 , September 13, 2005 Page :1 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS hem Number: Item Summary: 16A34 Meeting Date: Recommelldatlon to reconsider the Conservation Collier ActivE: Acquisition List regarding the Wnchester Head proJecl and to disconlinue buying property in 1tle Winchester Head project tor 90 days 911 Jt2005 9:00:00 AM Prepared By Alexandra J. Sulecki Senior Environmental Special!5t Oat. Community Development & Environmental Services Environmental Services 8!23f2Q05 10:17:57 AM Approved B)' WllIlam D. Lorenz.. Jr.. P.E Community Development & Environmental Services Environmental Services Director Date Environment"l Services 8/231200510:24 AM Approved By Sandra Lea Execlrtive Secretary 0... Community Dewlopment & Community Development & Environmental Scrvices Environmental Services Admin, 8f23/Z00512;33 PM Apl)roved B)" Constance A. Johnson Operation. Analyst Community Development & Community D!:'velopment & Environmental Services Environmental Services Admin 0,,,, 8/23120051:33 PM Approved By Charles E, Carnngton. Jr., SRIWA Real Estate Services Manager 0"'. Administrative Services Facilities M.Hlagemem 8125120056:42 AM Approved B}' J01!;eph K. Schmitt Community Development & Environmental Sl'Jrvioos Admmslrator Date Community Development & Environmental Services Community Development & Erwironment.11 Service~ Admin. S!25120051:13 PM Approved By OMB Coordinator Administrative Assistant Oat. County Manager's Office DUlce 01 Management & Budget 8/29120059:27 AM Allproved By Mark Isackson Budget Analyst Date County Mannger's Office Officf~ of Management & Budget R!29/2005 9;52 AM Approved By MichllelSmykowski Management & Budget Director 0... Counw Manager's Office Office 01 Management & Budget 8129/20055:19 PM A ppro,'cd B}' Jamos V. Mudd County Mtlnager Date Board of County Commissioners County Manager's Office 8/JOf2005 2:07 PM ,..-.. ..-. Agenda Item No. 16A35 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve award of contract 05- 3801 "Consulting Services for Preparation of a Revised Immokalee Area Master Plan and Rural LDC (Land Development Code)" (Companion to Community Redevelopment Agency (CRA) approval of contract under 16 G) OBJECTIVE: To have the Board of County Commissioners (BCC) contract for consultant services with the RMPK Group, for the purpose of preparing revisions to the Immokalee Area Master Plan and developing a new zoning overlay for the Immokalee Urban area, in the amount of$228,320.00 (the CRA is also required to approve this contract). CONSIDERATIONS: In 2003, as part of the preparation of the Evaluation and Appraisal Report, the Board of County Commissioners (BCC) authorized Comprehensive Planning staff to work with an advisory committee to prepare revisions to the Immokalee Area Master Plan (lAMP). The appointed committee, during the performance of its tasks, determined that a longer and more intense restudy of the lAMP would be necessary. Consequently, a new committee, the lmmokalee Master Plan and Visioning Committee (IMPVC), was established by the BCC to assist County staff with the monitoring and implementation of the Immokalee Area Master Plan through the 2007 Growth Management Plan (GMP) amendment cycle. In 2004, the IMPve concluded that revisions to the lAMP and a new zoning overlay would be needed in order to achieve a unified vision for the lmmokalee Urban area. Because of the scale of the project, they decided that it would be necessary to contract the services of a private consultant; however, they did not have the financial resources to fund the work. As a result, they approached the Immokalee Local Redevelopment Advisory Board (Advisory Board) to determine if the Community Redevelopment Agency would be amenable to funding such a project for the lmmokalee community. The Advisory Board confirmed that it would recommend funding the project, and a request for proposals (RFP) was issued on February 14,2005. Notices were sent to 173 firms, and 27 firms requested the full RFP package. Three firms responded with proposals. On April 7, 2005, the Selection Committee (comprised of three members from the IMPVC, three members from the Advisory Board, and the staff liaisons from each committee) by consensus selected the RMPK Group as the preferred consultant for the project following presentations by the three firms who had submitted proposals. In May of 2005, the Advisory Board made a recommendation to the CRA to approve expenditures of up to $300,000 in FY05 Budget tax increment financing (TIF) funds for consultant services with the RMPK Group. On June 14, 2005, the CRA recommended that the BCe approve the referenced expenditures to finance the project, which the BCe did so approve. The tasks and deliverables associated with preparing revisions to the lAMP and developing a new zoning overlay for the Immokalee Urban area are specifically provided for in the contract. ,...--- Agenda Item No. 16A35 September 13, 2005 Page 2 of 3 FISCAL IMP ACT: CRA redevelopment efforts are partially funded through Tax Increment Financing (TIF) revenue. Revenue for this CRA is generated from a rate applied against the captured assessed value increment. This assessed value increment is the difference between the base assessed valuation within the Redevelopment Area (established in 1999) and the new higher assessed valuation. Generally, it is anticipated that the assessed value increment will increase each year during the Redevelopment District's life, providing for moderate tax revenue increases used to finance redevelopment initiatives. The BCC approved the recommendation of the CRA to expend up to $300,000 in budgeted FY 2005 CRA funds (Fund 186-138324-634999) to finance this project. Approval of this contract will leave a balance of $35,700 in Fund 186 Reserves. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: A revised Immokalee Area Master Plan (lAMP) and the creation of a new zoning overlay for the Immokalee Urban area will implement the County's Redevelopment Plan. According to Section 4.4 of the Redevelopment Plan (Community Objectives), economic development is emphasized in the area in order to support and encourage entrepreneurial business development and retention, and increase small business start-ups and expansions. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, and may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. LEGAL CONSIDERATIONS: The recommended action is consistent with all applicable constitutional and general law, and complies with adopted County regulations, and thus, is legally sufficient for Board consideration and approval. RECOMMENDATION: That the Board of County Commissioners approve the contract for consultant services with the RMPK Group in the amount of $228,320.00 and authorize the Chairman to sign the standard County Attorney approved contract. Prepared by: Michele R. Mosca, AICP, Principal Planner, Comprehensive Planning Dept. Item Number: Item Summary: Meeting Date: AQend8 Item No 16A35 . Septemlter 13, 2005 Page :-I of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16AJ5 RecommeFldati(ln 1hat the 800ml of County CommIssioners approve award of contract 05- 3801 Consulting Ser\lices lor Preparation of a Revised Immokalee Area Master Phm and Rural LOC (Land Development Code) (Companion 10 Community Redevelopment Agency (eRA) appro\lal of conhacl under 16 G1) 9/13/2005 9:00:00 AM Principal Planner, AICP Date Prepared B~' Michele R. Mosca, AICP Community Development & Environmental Services Zoning 8. Umd Development Review 8/23/200511:47:16 AM Date Apllroved By Sandra Lea Executive Secret.ory Community Development & Community Develo~H1ll:mt 8. EnYlfOnrnentot SerVl(;es Environmenttll SeHices Admin, 6/23f2005 3:42 PM Appnl\'cd By Date Constance A. Johnson Operations Analyst Community Development & Community Development & Environmental Services Environmentnl Services Admin 8123f2005 4:04 PM Rand<lll J Cohen Date Appro,,'cd By Community Development & Environmental Services Commuinly Plalming and Re-de\l!lIOpment ManOlger Comprehensive Planning 8/241200510:56 AM Kelsey Ward Senior Purchasing and Contrncts Agent Date Allprovcd By Administrative Services Purchasing 8(26/2005 9:09 AM Approved 8y Steve Carnell Admmistrative Services Purchasmg/Gen0ral SVCl; Director Date Purchasing 8/26/20059:53 AM JosUph K. Schmitt Date Approved By Community Development & Environmental Services Community Development & Environmental ServIces Adminstralor Community Development g E.n....ironmental S&rvicEls Admin. 8/2612005 4:Oft PM Marjorie M. Student Assilitant County Attorney Date Apllrnvcd B~' County Attorney County Attorney OffIce 8!29!20{}6 8;27 AM OMS Coordinator Administrative Assi1'llant Date Approved By County Manager's OttIC€) Office of Management & Budget 6/2912005 9:42 AM Mnrk Isackson Budg<'lt Analyst Oat~ AllProvcd By County Manager's Office Office of Management & Budget 8129/200510:00 AM Michael SmYKowskl MGnagement & Budget D!rel.:tor Date A ppru\'Cd B}' County M.magt!f'fl Office Offlc~ of Managemellt & Budget 8/2912005 5:09 PM Allproved By Jamt.~6 V, Mudd Board of County Comml5sioners County Manager Date County Manager's Office 6/31120065:13 PM ."-" Agenda Item No. 16A36 September 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve Collier County's Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2004- 2005 as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Chairman of the Board of County Commissioners to certify the CAPER for submission to HUD. OBJECTIVE: To have the Board of County Commissioners (BCC) approve a Resolution accepting the Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) programs for fiscal year 2004-2005 as required by HUD, and authorize the Chairman to certify the CAPER for submission to HUD. CONSIDERATIONS: Collier County, along with its participating cities of Naples and Marco Island, became eligible to receive federal entitlement funds on an annual basis through the CDBG program in 2001. Collier County became eligible to receive HOME funds on an annual basis in 2003 and qualified for ESG entitlement funds in 2004. ....-.." HUD requires all direct entitlement communities to prepare a Consolidated Annual Performance and Evaluation Report (CAPER) annually to determine whether the recipient of HUD funds is in compliance with federal statutes and has the capacity to implement and administer these programs. The CAPER provides a comprehensive review of the progress being made toward meeting overall goals and objectives identified in the Five- Year Consolidated Plan and One-Year Action Plan. This Consolidated Annual Performance and Evaluation Report (CAPER) covers the period from July 1, 2004 to June 30, 2005 for the County's three HUD entitlement programs CDBG, HOME and ESG activities and must be submitted to HUD within ninety (90) days of the end of the program year. The CAPER is due prior to September 30,2005. Due to the voluminous nature of the CAPER, the document is not included as an attachment but is provided under separate cover to members of the County administration. Members of the public desiring to view the CAPER will find copies of this document available from Collier County Financial Administration and Housing Department, Collier County Communication and Customer Relations, and local libraries. FISCAL IMPACT: $3,743,957 in CDBG, HOME and ESG funds was available for housing and non-housing activities in FY 04-05. Of these funds, $1,213,150 has been expended and $1,810,999 has been encumbered. Since the County's initial entitlement funding in 2001, $11.6 million in HUD funding has been received of which $9.4 million has been committed to HUD eligible activities. - Agenda Item No. 16A36 September 13, 2005 Page 2 of 5 GROWTH MANAGEMENT IMPACT: The CDBG, HOME and ESG projects are consistent with and support the Housing, Future Land Use and Recreation and Open Space Elements of the Collier County Growth Management Plan by providing infrastructure improvements and housing assistance to improve the health, safety and welfare of the very low to moderate-income residents of the community. LEGAL CONSIDERATIONS: This request is internally consistent, complies with all applicable laws and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the BCC approve Collier County's Consolidated Annual Performance and Evaluation Report (CAPER) for CDBG, HOME and ESG activities during 2004-2005 as required by HUD and authorize the BCC Chairman to certify the CAPER for submission to HUD. Prepared by: Susan Golden, Federal/State Grants Administration Manager Financial Administration and Housing Item Number. Item Summary: Meeting DIIte: Agenda Item No 16A315 September 13, 2005 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A36 Recommendation to apprO\le Collier CountY" Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Gumt (ESG) COllsolldated Annual Performance and Evaluation Report (CAPER) for Fiscal Yallr 2004-2005 8S required by the U.S, Depar1menl of Housing and Urban Deve-Iapmenl (HUD), and auUlOrixe the Chairman otthe Board of Cour~ty Commissioners 10 certify the CAPER for submission to HUD. 9/1312005 9:00:00 AM 0... Prepared By Susan Golden Community Deowlopment & Environmental Services Federal/State Grants Admnlatratlon Manager Flr'lanclal Admin. & Houling 6/24120054:48:43 PM Oat. Approved By Constance A. Johnson Operations Anlllyst Community Devtl'lopment & Community Development & Environmental Serviees. Environmental Services Admil'. 8/2612005 1:04 PM Apllroved By D... COrlnae Giblin Community Devolopl1ll!lnt & Environmental Service& Housing Development Manager Financial Admin. & Housing 8/2612005 2:47 PM Dat. Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Financial Admin. & Housing 8126120055;54 PM Date Approved By Sandrll Lea Executive Secretary Community De...elopment & Community Development & Environmental Services En....lronmental Services Admin. 6/29!2005 9:22 AM AIII)rOved By 0... Jon'ph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 8129120051:33 PM Date Appro\'ed B)' OMS Coordinlltor County Manag<lr's Office Administrative Aulslan!. ONice 01 Managl!'ment & Budget 8129/2005 2:21 PM Dare Appruved By Mark 16ackson County Manager's Office Budget Analy..t OffIce of MaoaQtmlent 8. Budget 8/30120052:51 PM Oat. Approved B:!,' Michael $mykowskj County Mllnager'~ Offlce Management & Budget Director Office of Management & Budget BfJ1/2005 3:03 PM Da" Allpro,'cd By James V. Mudd Board of County Commissioners County Mnnager County M3nager'5 Office 9/1120057:55 PM Agenda Item No. 16A36 September 13. 2005 Page 4 of 5 RESOLUTION NO. 2005-_ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING FISCAL YEAR 2004-2005 CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CAPER) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS AS REQUIRED BY THE U.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO CERTIFY THE CAPER FOR SUBMISSION TO HUD AND PROVIDING AN EFFECTIVE DATE WHEREAS, HUD requires all entitlement communities to prepare a Consolidated Annual Performance and Evaluation Report (CAPER) annually to determine whether the recipient of HUD funds is in compliance with federal statutes and has the capacity to implement and administer these programs; and WHEREAS, the CAPER provides a comprehensive review of the progress being made toward meeting overall goals and objectives identified in the Five-Year Consolidated Plan and One-Year Action Plan; and WHEREAS, the purpose of the CAPER is to demonstrate how federal funds are being expended within very low to moderate-income communities; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Fiscal 2004-2005 Consolidated Annual Performance and Appraisal Report (CAPER) for the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) programs. 2. The Chairman of the Board of County Commissioners is authorized to certify the CAPER for submission to HUD on behalf of the County. 2. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 3. EFFECTIVE DATE. This Resolution shall become effective upon Agenda Item No. 16A36 September 13, 2005 Page 5 of 5 adoption by a majority vote ofthe Board of County Commissioners. This Resolution adopted this of September 2005, after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Agenda Item No. 16A37 September 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Reflection Lakes at Naples Phase 10", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Reflection Lakes at Naples Phase 10", a subdivision of lands located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERATIONS: e_ Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Reflection Lakes at Naples Phase 10". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Reflection Lakes at Naples Phase 10" be approved for recording. FISCAL IMPACT: The project cost is $14,800.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 2,549.34 - $12,250.66 The Security amount, equal to 110% of the project cost, is $16,280.00 The County will realize revenues as follows: .- Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1,459.00 Agenda Item No. 16A37 September 13, 2005 Fees are based on a construction estimate of $14,800.00 and were paid iRcM:a~aH,4 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$1,015.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$ 19.12 c) Drainage, Paving, Grading (.75% const. est.) -$ 91.88 d) Construction I nspection Fee Water & Sewer (2.25% const. est.) -$ 57.36 e) Drainage, Paving, Grading(2 .25%const.est.) - $ 275.64 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's office has reviewed the plat and associated documents and found same to be legally sufficient. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Reflection Lakes at Naples Phase 10" for recording with the following stipulations: 1. Approve the amount of $16,280.00 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department r--U')~ e")0_ <(00 CONe") "'-('")0,) ci...- OJ z....m 0,)0.. E~ (J) E ~$ me. "00,) r::.(j) 0,) OJ <( III YO -...rnoo1B'T1ClO t I .. · i ~- < " 9 ~ ~ ~ ~ ~ ~ 5 '" ~ ~ '" ~ " z is i Th':lSOllO, I ~ - ~~- ~ I~! 11 !~!~ .u 0.. <( ~ UJ t- OO en ~ ~ ~ ~ j z o i= u ~ a::: Agenda Item No_ HiA37 ~ September 13,2005 Pa~ie 4 Df 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A37 Meeting Date: Recommendatwn 10 approve for ffwording the fiMI plat of Reflection Lakes at Naples Pna"e 10, approval of Ihe standard form Construction and Maintenance Agreement flnd Approval of the amounl of the pertormance security. 9/13,02005 9:0C':00 AM Prepared B) John Houlc.isworth Senior Engineer Dote Community Development & Environmental Services Engineeril19 Services 8/25120057:04:25 AM A Pllrovcd By Sandra Len EJI!.ecutive Secretary Community Dewlopment & Community Development & Environmentai $efllice$ Enyironmental ServiceI'; Admin. Dote 8/25J2005 9~09 AM Appro\'cd By Constance A. Johnson OJ.,)eratione. Analyst Community Development & Community Deyelopment & Environmental Serlo' ices Environmental Services Admin. D... 8125(200510:21 AM Approved B)' Thomas E. Kuck, P.E COES E.ngineering Services Director Dot. Community Development & Enlo'lfonment.,1 Services CDES Engineering Services 8/21')1200512:00 PM Appro\'cd By Joseph K. Schmitt Community Development & Environmental SeNices Adminstrator Dal. Community Oeyelopment & Environmentsf Services Community Deve-lopment & Environmental Services Admin. 8!29r20051:31 PM Apl)rO\'cd B)' OM8 Coordmator AdministrtltivC' Assistant Date County Manager's Office Office of Management & Budget 6n9/2005 2:20 PM A pprovcd B)' Mark Isackson Budget Analyst Dote County Manager's Office OHice of Man3Qermmt & Budget 8/2912005 5~02 PM Approved By MichaelSmykowski Management & Budget Director Dote County Manager's Office Office 01 ManilQenwnt & Budget 8/29120055:14 PM Appro,,'cd B) James V. Mudd Bo.ard or County Commissioners County Manager Dote County Manager's OffIce 6/30/200512:20 PM Agenda Item No. 16A38 September 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Fiddler's Creek Phase 3, Unit Four", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Fiddler's Creek Phase 3, Unit Four", a subdivision of lands located in Section 14, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Fiddler's Creek Phase 3, Unit Four". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Fiddler's Creek Phase 3, Unit Four" be approved for recording. FISCAL IMPACT: The project cost is $189,146.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 63,976.00 - $125,170.67 The Security amount, equal to 110% of the project cost, is $208,061.34 The County will realize revenues as follows: - Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $6,704.41 Agenda Item No. 16A38 September 13, 2005 Fees are based on a construction estimate of $189,146.67 and were paidf1me 2 of 4 March, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$1,030.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 479.82 c) Drainage, Paving, Grading (.75% const. est.) - $ 938.78 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $1,439.46 e) Drainage, Paving, Grading(2.25%const.est.) - $2,816.35 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. lEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Fiddler's Creek Phase 3, Unit Four" for recording with the following stipulations: 1. Approve the amount of $208,061.34 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. - PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department V> ~~ 0", 0<..> G: coU')~ e")0_ <(00 CONe") "'-('")0,) ci...- OJ z....m 0,)0.. 0.. E~ O,)E <( ==$ roe. ~ "OW r::.(j) 0,) OJ UJ <:( ~ t- 8 - ~ 00 ~~~ WzO_ ~~~g ~~~~ ~~~~ L>:f~ ]1Y:)S OJ. .LON / - ~ ~ :5i ~ ~~- .~ ~u ill ~ U. I- Z ::l W W a::: :I: I- W en ~ 0.. ~ W ~ u en ~ ~ Q u.. 0.. <( ~ z o - ~ U o -l AQend<.: Item No 16f\38 ,. Seolernber 13, 2005 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A38 RecomrTll~mlalion 10 Approve lor TE~:::ording the final pial of Fiddlers Creek Phase 3. Unit Four. approval of tile standard form Cons-truction and Maintenance A.qreement and approval of the amount of the performance security Meeting Date: 9/13/20059:00'00 AM Prepared B)' John Houldsworth Senior Engineer Dote Community Development & Environmentiill Services E:.ngineerill9 Services 8125f2005 10:37:45 AM Approved By Constance A. Johnson Operations AnalYlJ-t Date Community Devt.!loprnenl &. Community Oe-velop/11C'nt a Erh/itonmffillal s.:-r>liCGS [rWir<:;IU'tli!oI\IM 5<!rvice& Admin 8{2512005 10:42 AM Appro,'cd By Sandra Le;, Ex.ecuti\le Secretary Date Community Development & Community Development & Environmemtal S('ndces EnvIronmental Services Admin 8125/200510:50 AM Appru,'ed By Thomas E. Kuck, P,E GOE.S E.n-gineering Services. Director Oat. Community Development & En...ironmentof Services COES Engineering Services B/26:2oo5 12:01 PM Appro\-'cd B~' Joseph K. Schmit! Community Development 8. Environmental Services Adminstrator Dot. Community Development & EnvironlTK!nta! Services Community Development & Environme-ntal Services Admin, 8!1912005 1:29 PM A,)pro\-'cd B)' OMS Coordinator Administrative Assistant Om County Managc.r's Office Office of Management & BUdget el29l2005 2:20 PM Appro,'"cd BJ Mark Isackson Budget Analyst DatI! County Manager's Office Office of Manage-ment & Budget 812912005.5:07 PM Approvcd By Michael Smykowski Management & Budget Director Dote County Manager's Office Offic~ of ManagenMlnt & Budget 8129/20055:16 PM Apl)rOved B)' James V Mudd County Manager Date Boord of County Commissioners County Manager's: Office 8/30/2005 3:27 PM Agenda Item No. 16A39 September 13, 2005 Page 1 of 12 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners of Collier County, Florida approve an agreement between Collier County and the Economic Development Council of Collier County (EDC) for continuation of the Economic Diversification Program by providing a contribution to the EDC of up to $400,000 for Fiscal Year 2006, and authorizing the Chairman of the Board of County Commissioners to sign the agreement on behalf of Collier County OBJECTIVE: That the Board of County Commissioners approve the attached interlocal agreement between Collier County (County) and the EDC, thus continuing the private/public partnership for economic diversification and providing for funding of up to $400,000 for fiscal year 2006 and authorize the Chairman to sign the agreement on behalf of Collier County. ..- CONSIDERATIONS: The Board of County Commissioners (BCe) has tentatively approved the Community Development and Environmental Services Division (eDES) budget that contains an appropriation of $400,000 to continue the public/private partnership between the County and the EDC, known as the Economic Diversification Program. This program was initially established in 1997 and has continued through the current year. The Program's objective is to promote economic development initiatives that diversify the County's economy, create high-wage value-added jobs, and enable all county residents to have meaningful opportunity for upward mobility while improving the diversity and economic stability of Collier County. FISCAL IMP ACT: The County, through the proposed FY 06 EDC budget appropriation of $416,300, is providing General Fund funding through the CDES Financial Administration and Housing Department's budget. The operational costs of $416,300 is composed of $400,000 to be reimbursed to the EDC for personnel and marketing expenses and the remaining $16,300 for County EDC related expenses. The EDC will be reimbursed up to a maximum of $400,000 for expenses incurred beginning October 1,2005, as prescribed in the attached Agreement between the County and the EDC. The EDC is committed to providing a minimum of $400,000 as the private sector participation in the Program. GROWTH MANAGEMENT IMPACT: This agreement is consistent with the Economic Element of the Collier County Comprehensive Plan. Additionally, the Board of County Commissioners has identified economic diversification as a Strategic Goal that will serve to strengthen the economic viability of Collier County. .- EDC Agreement Page 2 Agenda Item No. 16A39 September 13, 2005 Page 2 of 12 LEGAL CONSIDERATIONS: The proposed agreement complies with all applicable constitutional and general law, and is legally sufficient for Board consideration and approval. RECOMMENDA TION: That the Board of County Commissioners approve the attached interlocal agreement between Collier County and the EDC continuing the private/public partnership for economic diversification and providing for funding of up to $400,000 for fiscal year 2006 and authorizing the Chairman to sign the agreement on behalf of Collier County. Prepared by: Amy Patterson, Impact Fee/Economic Development Manger Financial Administration and Housing, CDES ,- Item Number: Item Summary: Meeting Date: Agenda Uem No 16A39 September 13, 2005 Page 30112 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A39 Recommendalio111hl1t lhe Bo~rd of County Cornmis!;.ioner8 of Collier County. Florida applOv~ a.n agreement between Collier COUlll)! 8nd the Economic Development Council of Collier County (EDC) for continuation of the Economic Diversification Program by providing a contributIOn to 1he EDC 01 up 10 $400,000 lor Fiscal Year 2006, and aUlhoriz.ing ttle Chairman of Ihe Board of County Commissioners to Gigo the agreement on behalf of Collier GCllmty 9/13/20059:00:00 AM Impact F.ee Managef Oate Prepared By Amy Patterson Community Development & Environmental Servlc.85 Financial Admin. & Housing 8/24/20052:48:25 AM 0... Approved By Sandra. Lea Executive Secretary Community Development & Community Development..\ Environtnl!l'mal Service$! Environmental Services Admin 6/2412005 4;03 PM AIJprovcd By 0"'. Constance A. Johnson OPl!l'rntion8 AnalylJt Community Development & Community Development & Environmental Services Environmental Services Admin, 6/25120059:36 AM Denton Bakll'r Financlal Admin & Housing Director 0... Approl'ed By Community Development & Environmental Services Finllncial Admin. & Housing 8.125120054:17 PM Apprmred By Joseph K. Schmitt Community Del/'eloprnent & Envlronmontal Services Community Oevefoproonf & EnYlronmenla! Services Adminstrator Community De-velopment & Environmental ~rV1CtlS Admin. Dare 8f26/2005 7:51 PM Patrick G. Whit. Anistant County Attorney 0'" Approved By County Attorney County Attorney OfficllI 8/2912005 4:02 PM Approved By OMS Coordinator County Manager's Office Adminl&trlrtlve A.sststllnt 0... OffIce of Management & Budget 8!30rZO05 10:55 AM Mark l.aackson Budgot Analyst Oat. Approved By C aurdy Manager'l> Office OffIce of Management& Budget 91112005 \1:16 AM Michael Smykow&ki 0... AIJIJrond By County Manager's Office Manage~nt & Budget Director Officl.'l of Man.ltg.enlt!nt & Budget 9111'20051:01 PM Approved By J.arnes. V. Mood Board 01 County Commissioners County ManQger D.te County Manager's Office 9f2J20D5 3:16 PM JIIII"""'" Agenda Item No. 16A39 September 13, 2005 Page 4 of 12 AGREEMENT TIllS AGREEMENT is entered into this day of 2005, by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "COUNTY," and the Economic Development Council of Collier County, a Florida not-for-profit corporation, hereinafter referred to as the "EDC." WITNESSETH WHEREAS, the Legislature of the State of Florida, Enterprise Florida, Inc., and the County have determined there is a need to enhance economic activities in the State and Collier County, by retaining, expanding, and attracting high wage jobs through economic diversification and development in order to promote a stronger, more balanced, and stable economy; and WHEREAS, to implement this goal the State Legislature has adopted Chapter 159, Florida Statutes, including the Revenue Bond Act of 1953, the Florida Industrial Development Financing Act, and Industrial Development Authorities, Housing Finance Authorities, and Research and Development Authorities; and WHEREAS, the County now finds and determines that it is in the public interest of the citizens of Collier County to assist the EDC through this Agreement in the EDC's business diversification program to expand the County's tax base, to expand the employment opportunities of the residents of the County, to increase economic mobility for residents and thereby reduce the associated burdens placed on local government and the private sector taxpayers; and WHEREAS, the EDC is a private not-for-profit corporation created by the initiative of the private sector business community for the purpose of retaining, expanding and recruiting high wage jobs for Collier County; and WHEREAS, the EDC performs many business diversification activities which are not performed by the County and which are essential to successful business diversification in Collier County; and WHEREAS, the County recognizes that successful business diversification requires confidentiality with respect to the plans, objectives, criteria, and corporate information of business candidates for retention, expansion, and recruitment and that such confidentiality is in the public interest of the citizens of Collier County; and WHEREAS, the County finds that it is essential to the public interest to have an appropriate accounting of the expenditure of public funds, especially by a non-public agency such as the EDC; and Page 1 ofB Agenda Item No. 16A39 September 13, 2005 Page 5 of 12 WHEREAS, the Legislature of the State of Florida has recognized in Section 812.081, Florida Statutes, and in other provisions of said statutes, the public interest in maintaining certain confidentiality in the business diversification and development process; and WHEREAS, the County finds the EDC is an especially appropriate entity to facilitate business diversification and development in Collier County which includes providing business candidates with the type of confidential assistance which is essential to successful business diversification and development; and WHEREAS, pursuant to the Florida Industrial Development Financing Act, Part II of Chapter 159, Florida Statutes, the County is permitted to issue Industrial Development Revenue Bonds; and WHEREAS, in connection with the performance of its responsibilities, the Industrial Development Authority (IDA) receives, investigates and reviews applications from various parties seeking issuance of such Bonds; and WHEREAS, the EDC performs certain functions on behalf of the IDA in reviewing, processing and/or presenting such bond. applications; providing continuing administration with respect to Bond issues which have been placed; and performing other specified functions; and WHEREAS, it is in the best interest of the County to enter into a contract with the EDC to conduct activities in accordance with the terms and conditions set forth herein; and WHEREAS, the EDC has in the past, and will continue in the future to expend substantial sums from its private sector membership dues to promote economic diversification; and WHEREAS, in Fiscal Year 2003-04, the business community in Collier County paid approximately $673,450 to the County in occupational license fees; and WHEREAS, the County has appropriated for the County's Fiscal Year 2006 (October I, 2005 - September 30, 2006), the sum of Four Hundred Thousand dollars ($400,000), to the EDC, to conduct economic diversification and development activities. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows. ARTICLE 1 a. The County hereby grants to the EDC up to $400,000 for the term of the Agreement for the EDC's business diversification and development activities, Page 2 of8 Agenda Item No. 16A39 September 13, 2005 Page 6 of 12 conducted in cooperation with the County, as described in the Summary Budget attached hereto as Exhibit "A." The EDC shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the attached "Exhibit A," subject to the maximwn total amount. Each individual line item may be increased or decreased by up to ten percent (10%) at the discretion of the EDC. Adjustment in excess often percent (10%) of any line item must be authorized by the County Manager or his designee. The payment of the County's grant shall be made to the EDC in bi- monthly installments, (to be interpreted as twice a month), as expenses are accrued and invoices are received, commencing with the first month of this Agreement. Once said funds are expended, this Agreement will automatically terminate. In no event shall the County pay the EDC more than the appropriated amount of $400,000 during the term of this Agreement. b. The EDC shall, within 30 days following the 18th bi-monthly installment (to be interpreted as the 9th month), certify the amount of EDC private funds obtained and written commitments received for funds payable during the pending contract year for the previous nine months. ARTICLE 2 The EDC shall on behalf of the County: a. Establish and maintain staff to process, investigate and review business candidates that will retain, expand and/or create high wage jobs in Collier County. b. Provide business promotion collateral materials and business assistance services to business candidates. c. Use its best efforts to obtain high quality supplies and services for use in the performance of these services at the lowest practical costs and shall expend funds in accordance with the Summary Budget attached hereto as Exhibit "A". d. Furnish the County Manager with a quarterly narrative progress report on the program and activities described in the Summary Budget attached hereto as Exhibit "A". Such reports will contain basic statistical information relevant to the economic diversification public/private partnership program and a statement of expenditures made in each budget category and line items identified in the Summary Budget attached hereto as Exhibit "A". e. Furnish an annual report of expenditures of County funds in such form as the Clerk of Courts will prescribe. This report will be on a fiscal year of October 1 through September 30, and will be due on November 15, of each year. f. Agree that any equipment purchased in accordance with this Agreement will be taken up on an inventory record by the EDC and inventoried.at least annually. Page 3 of8 Agenda Item No. 16A39 September 13, 2005 Page 7 of 12 Upon expiration of the useful life of such equipment, or termination of use by the EDC, whichever is later, such equipment will be returned to the County or disposed of as authorized in writing by the County. All listed equipment must be returned to the County upon termination of this agreement. The EDC shall purchase property insurance coverage to insure all real and personal property covered by this paragraph. Such policy shall name Collier County as a loss payee with respect to the loss of county purchased property. ARTICLE 3 a. The term of this Agreement shall be for a period of one (1) year to begin October I, 2005 and end on September 30, 2006, unless earlier terminated in accordance with paragraph b. below. b. Either party may terminate this Agreement upon one hundred eighty (I80) days written notice to the other of its intention to terminate. In the event of termination, the County shall pay for services and costs incurred prior to the date of termination. With regard to the portions of payments made to the Board in excess of the services and costs incurred by the EDC prior to the date of termination, the EDC shall remit to the County all of such excess portions. c. After termination, and except as otherwise directed, the EDC shall: 1. Stop working under the Agreement on the date, and to the extent specified, in the notice of termination. 2. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the Agreement as is not terminated. 3. Terminate all orders and subcontracts to the extent that they relate to performance of work that was terminated. 4. Prepare all necessary reports and documents required of the terms of the Agreement up to the date of termination, including the final report due at the end of the program, if any, without reimbursement for services rendered in completing said reports beyond the termination date. 5. The EDC shall give written notice of its intent to renew said Agreement to the Board of County Commissioners no less than one hundred eighty (180) days prior to the expiration of the Agreement, as necessitated by the County budget process. However, the County is under no obligation to renew such Agreement. Page 4 of8 Agenda Item No. 16A39 September 13, 2005 Page 8 of 12 ARTICLE 4 Waiver by either party of the breach by the other party of any provisions of this Agreement shall not be deemed a waiver of any other or subsequent breaches and shall not be construed to be a modification of the terms of this Agreement. ARTICLE 5 a. The parties deem the services to be rendered by the EDC for the County under this Agreement to be personal in nature. The EDC shall not assign any rights or duties under this Agreement to any other party without written permission of the County. If the EDC attempts to assign any rights or duties without prior written permission of the County, this Agreement may be declared void by the County and the EDC thereupon agrees to remit to the County all payments made pursuant to this agreement for the entire term ofthis Agreement. b. The EDC shall not enter into agreements with subcontractors for any of the work contemplated under this Agreement without first obtaining written approval of the County subject to such conditions and provisions as the County may deem necessary; provided, however, that notwithstanding the foregoing, unless otherwise provided herein, such prior written approval shall not be required for purchase by the EDC of such articles, supplies, equipment, and services which are necessary and incidental to the performance of the work described herein. The requirements of this clause shall not be deemed in any event or manner to provide for the incurrence of any obligation of the County by any actions ofthe EDC. c. To the fullest extent permitted by law, the EDC will indemnify and hold harmless the County from and against all claims, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or resulting from the performance by the EDC of its responsibilities under this Agreement. d. The EDC is hereby declared by the parties to be an independent contractor for the performance of the economic diversification and development activities and will be responsible for the initiating, maintaining and supervising of all safety precautions and programs necessary in connection with this Agreement. The EDC shall not be considered a public agency as a result of its assumption of the duties described herein. The EDC agrees to comply with all applicable safety laws, ordinances, rules, regulations, standards and lawful order of any public authority having jurisdiction over the matter in question. ARTICLE 6 a. The County shall render payments bi-monthly (to be interpreted as twice a month), commencing October 1, 2005 through September 30, 2006. Page 5 of8 Agenda Item No. 16A39 September 13, 2005 Page9of12 b. The EDC shall keep orderly and complete records of its financial accounts and financial transactions involving the funds provided to the EDC under this Agreement. The EDC shall open these records to inspection by County personnel at reasonable hours during the entire term of the Agreement. Any person duly authorized by the County shall have full access and the right to examine any of these records during the term of the Agreement and up to three (3) years thereafter. The EDC shall submit annual reports to the County, in form and substance, as prescribed in writing by the County, with regard to the activities of the public/private partnership for economic diversification. c. The EDC shall provide the County with its independent annual audit of the immediately proceeding fiscal year no later than January 31 of each year of this Agreement. Such audit will contain a detailed listing with useful lives, of equipment purchased by County-provided funds as described in Article 2f. The provisions of this paragraph will survive termination of this Agreement as to the fiscal years, or portions thereto during which this Agreement is in effect. ARTICLE 7 The EDC shall not discriminate against any employee or person served under this Agreement on account of race, color, sex, sexual orientation, age, religion, ancestry, national origin, handicap or marital status. ARTICLE 8 All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested, and if sent to the County shall be addressed to: Denton Baker Director of Financial Administration and Housing Community Development and Environmental Services Division Collier County 2800 North Horseshoe Drive Naples, FL 34104 And if sent to the EDC, shall be addressed to: Tammie Nemecek President/COO Economic Development Council of Collier County 3050 North Horseshoe Drive, Suite 120 Naples, FL 34104 Page 6 of8 Agenda Item No. 16A39 September 13, 2005 Page10of12 ARTICLE 9 Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed, by both parties hereto, and attached to the original of this Agreement. ARTICLE 10 The County's performance and obligation to pay under this contract is contingent upon an annual appropriation for its purpose by the Board of County Commissioners. ARTICLE 11 As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the EDC certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, bave not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S.287.133 (3)(a). IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth above. ATTEST: Dwight Brock, Clerk of Courts Collier County, Florida Board of County Commissioners By: Deputy Clerk FRED COYLE, Chairman Date: ~~ ~.~eg~ sufficiency. Patrick G. White Assistant County Attorney (Witnesses and EDC signatory on following page) Page 7 of8 WITNESS: Signature Name (printed) WITNESS: Signature Name (printed) Page 8 of8 Agenda Item No. 16A39 September 13, 2005 Page 11 of 12 CONSULTANT: Economic Development Council of Collier County By: Tom Conrecode, Chairman EDC Board of Directors Agenda Item No. 16A39 September 13, 2005 Page 12 of 12 ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY NAPLES, FLORIDA EVERGLADES CITY, GOLDEN GATE IMMOKALEE . MARCO ISLAND Exhibit "A" Budget Economic Diversification October 1, 2005 - September 2006 $400,000 Administrative Expenses Including salaries, taxes and benefits $350,000 Marketing Expenses Including, but not limited to: Targeted Industry Marketing Campaigns Collateral Publications $50,000 Equipment Expenses -$0- Total $400.000 Agenda Item No. 16A40 September 13, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve two Budget Amendments transferring funds from the Affordable Housing Trust Fund to the Marco Affordable Housing Fund for the purpose of separating SHIP Funds and Inter-local Agreement Funds; recognizing additional carry-forward in the Affordable Housing Trust Fund; and recognizing FY 05 Affordable Housing revenue within Fund. OBJECTIVE: Recommendation to approve two Budget Amendments transferring funds from the Affordable Housing Trust Fund to the Marco Affordable Housing Fund, for the purpose of separating SHIP Funds and Inter-local Agreement Funds; recognizing additional carry-forward in the Affordable Housing Trust Fund; and recognizing FY 05 Affordable Housing revenue within Fund. CONSIDERATIONS: The Affordable Housing Trust Fund is the County's depository for State Housing Initiative Partnership (SHIP) funds. Collier County also receives affordable housing funding from the City of Marco Island through an Inter-local Agreement. These budget amendments establish the financelbudget basis for Fund 116 to act as the depository for City of Marco Island contributions. The budget amendments also transfer existing Marco Island deposits into Fund 116 and recognize carry forward in the Affordable Housing Trust Fund. FISCAL IMPACT: Additional carry-forward revenue within Fund 191, the affordable housing trust fund, is the product of previous unspent grant revenue. Part of this additional carry- forward or $61,420 will be transferred to Fund 116 providing for separation of SHIP and Inter-local agreement funds. Within Fund 116 $63,786 in FY 05 receipts will be recognized as revenue. GROWTH MANAGEMENT IMPACT: There IS no growth management impact related to this request. LEGAL CONSIDERATIONS: The recommendation for authorization of these Budget Amendments is internally consistent, complies with all applicable constitutional and general law, and is legally sufficient for Board of County Commissioners' consideration and approval. RECOMMENDATION: Recommendation to approve two Budget Amendments transferring funds from the Affordable Housing Trust Fund to the Marco Affordable Housing Fund, for the purpose of separating SHIP Funds and Inter-local Agreement Funds; recognizing additional carry-forward in the Affordable Housing Trust Fund; and recognizing FY 05 Affordable Housing revenue within fund. PREPARED BY: Cormac Giblin, Housing and Grants Manager - Agencia Item No. 16/\40 September 13, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A40 Recommendation to ~pprove two Budget Amendmenlt transferring funds from1he Affordable Housing Trusl Fund 10 the Mat<:o Affordable Housing FLmd for the purpose of separating SHIP Funds and lnter"local klre~mellt Funds; recognizing additional carry-forward in the Affordable Housing Trust Fund; and recognizing FY 05 Afford6ble HOtl'5ing revenue within Fund Meeting Date: 9/13f2005 9:00:00 AM Preparcd By Cormac Giblin Housing Development Man..ger D.", Community Development & Environmenta.l ~tvlces Financial Admin, & Housing 8!3112005 2:53;37 PM Approved By Sandra U;r.a Executive Secretary Community Dttvelopmenf & Community De....elopment & Environmental Services E.nvlronmental Services Admin, Oat. 8f31/2005 3:28 PM Approved By CDn$tance A.. Johnson Operations Analyst Community Development & Community Oe~lopnwnt & Environmental Services Environmental Service" Admin. Dote 813112005 3:33 PM Apl)rOvcd B)' Joseph K. Schmitt Community Development & Environmental Services Adminstr..tor 0"", Community Development & Environmental Scr"o/i<:l!l. Community Development &. Environmental SE,lrvi~s Admin. 9/1120059:11 AM A pproved By OMB Coordm.a1or Administrative. Asslstnnt Dote County Mansg6r'll Office Offictl of ManGgem0nt & Budget 9/112005 1'.43 PM AplJrOvcd By Mark Isackson Budget Analyst 0"", County Manl)ge,'s Ofhc.e OffIce of Management & Budget 911120053:00 PM Approl'cd By Michael SIllykOW8kl Management & Budget Director Dale County Manager's OlfiCl!l Office of Management &. Budget 9/2120059:36 AM Approved B}' J.;unetiV. Mudd Bo.ard of County Commissioners County Manager Dote County Manager's Office 9/2120054:40 PM Agenda Item No. 1681 September 13, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve the installation and operation of a traffic signal at the intersection of Airport Pulling Road and Estuary Drive, at an annual maintenance cost of approximately $3,500. OBJECTIVE: To request that the Board approve a fully actuated traffic signal be constructed, activated, and maintained at the intersection of Airport-Pulling Road and Estuary Drive in accordance with any and all applicable Federal, State, and County standards and specifications governing such traffic control devices. CONSIDERATIONS: Florida Statute 316.006 provides that the County "may place and maintain such traffic control devices which conform to the manual and specifications of the Department of Transportation upon all streets and highways under their original jurisdiction as they shall deem necessary... to regulate, warn or guide traffic." A traffic engineering study, performed and approved by a Professional Engineer registered to practice in the State of Florida, has concluded with the determination that the subject intersection will meet the minimum warrants for signalization, specifically Warrant Number IB "Eight-Hour Interruption of Continuous Traffic" as set forth in the Manual on Uniform Traffic Control Devices (M.U.T.C.D.) in calendar year 2007. Installation of a traffic signal at this location, at 0.4 miles north of the signal at Golden Gate Parkway and 0.2 miles south of the school/fire signal at the - Poinciana Elementary School driveway, is within Collier County Access Management Guidelines. Traffic signals are typically only approved after a study indicates that the existing conditions at the intersection warrant a signal. However, the planned construction activities for the Golden Gate Parkway overpass project will greatly reduce access and egress for residents of the Estuary at Grey Oaks and Bear's Paw developments, located adjacent to the construction zone, including the elimination of left-turns onto Airport Road from Golden Gate Parkway. The early implementation of the subject traffic signal on Airport-Pulling road at Estuary Drive will allow safe access for residents onto Airport Road. Additionally, the Grey Oaks development has extended to Bear's Paw residents gate access to Grey Oaks so they may utilize the private roadways within Grey Oaks to access Airport-Pulling Road, enabling their safe access to Airport-Pulling Road at this new signal. This use of Estuary Drive will provide assistance in routing local traffic around what will be an overburdened intersection under construction at Airport-Pulling Road and Golden Gate Parkway, reducing traffic through the intersection. Therefore, early implementation of the signal at Estuary Drive will be beneficial to all motorists traveling in this area. GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with this Executive Summary. - FISCAL IMP ACT: This traffic signal will be installed by the Grey Oaks development and built to the County's standards and inspection approval. All of the costs associated with the construction of the traffic signal will be borne by Grey Oaks development. Collier County will ,- Agenda Item No. 1681 September 13, 2005 Page 2 of 6 assume responsibility for the operation and maintenance of the signal, including electricity billing, at an average annual maintenance cost of approximately $3,500, paid for through the normal Traffic Signal Maintenance, Electricity, and Signal Section personnel funds in the annual Traffic Operations Fund 101 budget. RECOMMENDATION: That the Board of County Commissioners approve a fully actuated traffic signal be constructed, activated and maintained at the intersection of Airport-Pulling Road and Estuary Drive in accordance with any and all applicable Federal, State, and County standards and specifications governing such traffic control devices. Prepared By: Robert W. Tipton, PE, PTOE, Traffic Operations Department Director Attachments: 1) Letter: Grey Oaks C.C. to Bear's Paw C.C. re: Extension of temporary access through Grey Oaks; 2) Letter: Bear's Paw C.C. to Grey Oaks C.C. re: Acceptance of travel access conditions Item Number: hem Summary: Meeting Date: Agenda Hem No. 1681 September 13, 2005 Page 3of6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1681 Recommendation tel approve ttle installll1ion and operation of a traffic signBi at the intersection of Airpon Pulling Road And Estuary Drive, at an annual maintenance cost 01 approximately $3.500 9/13/20059:00:00 AM Traffic Opora1ions Ofrwctor Dote Prepared B)< Robert W, Tipton, P.E. Tram!lportation Services Traffic Operations 8/12120059:00:31 AM Accounting Supe,rvisor Dote Approved B)' Sharon Newman Transportation Services Trtlnsportation Administration 6/12120059:31 AM Traffic Operations Director Dote Apllroved By RobertW. TIpton, P.E. Transportation Services Traffic Operations 8f12f200S 11:39 AM Dote Approved By Norm E. Feder, Alep Transportation Services Transportation Division Adminll\ltrator Tr.ansporta1ion Servicas. Admin. 6/15/20057:26 AM Pat Lehnhard Executive Secrot.ry Dot. APllrovcd By Transport.Uon Servic:es Tr~nsportation SerlJicell Admin 8/1!i1200511:04 AM AIJproved By OMS Coordinator County Manager's Office Administrative Assistant Dote Office ot Management & BlIdQM 8/16/20059:14 AM Mark 1t~3ck5on Budget Analyst Dot. Approved By County Manager's Office Office of Management & Budget S!16/Z00512:U PM Michael Smykowski M.mag61'r'1f:!nt & Budget DireQtor Dot. Approved By County Mannge:r'$ Office Office of Manlilgeroont & Budget B!181200S 8:35 AM AplJroved By Leo E. Ochs, Jr. Board 01 County CDmmissioners Oftputy County ManagfJr Date County MQnager's Office B!23/200612:06 PM r)l". C.' .-- x: (j/ffjJ'~ Agenda ltem No. 16B1 September 13,2005 Page 4 of 6 July 2~ 2005 Mr. James MacArthur, President Bear's Paw Country Club 21838 MacAnhur Lane HiUman, Micbigan 49746 Re: Golden Gate Parkwayl Airport Road Intersection Dear Mr. MacArthur: As I am sure you are aware, the constrUction oftbe overpass is progressing and the contractor is preparing to transfer the traffic to the north side of Golden Gate Parkway in me next 60 days. This will aUow for the construction of the on.grade lanes on the south side and for the OVeJpa5S embankment and span. Although the contractor will keep at least two east.bound and two west-bound lanes open at all times during construction, the county will request that we assist in reducing traffic at the intersection. First, we have agreed to allow the contractor to move his staging area to the south pornon of the undeveloped Grey Oaks commercial parcel at the northwest comer of the intersection. This allows for the parking and storage of equipment and material to be outside of the right of way. Second, we have agreed to contact )'01110 offer your members the ability to bypass the intersection duringconstroction by utilizing Estuary Drive and Estuary Boulevard. This access would be aHowed to all Bear's Paw residents with windshield identification stickers, from 6 AM to 8 PM daily, through either of the Estuary guest entrances at Golden Gate Parl.-wayor Airport Road. This access would be allowed in conjunction with the County's approval1o install the traffic signal at the Estuary Airport Road intersection and would begin when the signal becomes operational. This signal will insure tbe safe use of ~t intersection by both Estuary at Grey Oaks and Bear's Paw residents. AdditionaUy,aIJ Grey Oaks cast residents would be encouraged to utilize this bypass to further reduce traffic flow around the construction work .&UU/ry ufN'1pl"J, 1m',. Gmmd 1~1rt1Irr .\ Ll'Tl;ERT C\l~rt'-'.(,:\, l>>tlrlol'mm! (JjJia,' 260Q GolJt'n G;trc: Pllrk',,:ay. Suitt: 109. Napb. Fl. 341 05 Cl1rpoY>tu OffiCI': 42()() Gulf Shore BOllleY'Jrd North. ".1:.1'1':$. FL 341 o.~ 239.403.6777 · fax: 239.263.6110 Agenda Item No. 1661 September 13, 20'05 Page 5 of 6 .~- July 22, 2005 Mr. James MacArthur Re: Golden Gate parkwayl Airport Road Intersection Page 2 Iftbis use of Estuary as a bypass is of interest to your members I please request your operations personnel to contact Ms. Kelly Guarascio, Manager of Grey Oaks Community Services (239.262.0520) to establish operaringrnles and regulations. We look forward to working with Bear's Paw during this. construction period. ESTIJARY A TGREY OAKS. L TO. a Florida limited partnership By Its General Partner: ::~~::;m~ KUrt M~ Lutg t / Its: Vice President cc: Terry J. Cook, C.O.O., Bear's Paw Country Club Thomas W. Sansbury, Grey Oaks Development Corp. Kelly Guarascio, C..A.M. Grey Oaks Community Services Richard 1. Baker. Preside:nt,Lotgert Development C. Neil Gregory, Parmer. Roetzel & Andress. LPA ~ Bear's paw Country Club, Inc. Agenda Item No. 1681 September 13, 2005 Page 6 of 6 2500 Golden Gale Parkway. Naples. FL 3+ 105-329l) 239/263-3007 . Fax 239/263-7320 Mr. Kurt Lutgert, Vice President Estuary at Grey Oaks Ltd. 2600 Golden Gate Parkway Suite 109 Naples FL 34105 RECEIVED AUG 0 8 2DD5 COLLIER TRAFFIC OP COUNTY ERATlONS August 8, 2005 RE: Estuary By-Pass Dear Mr. Lutgert: We are in receipt of your letter of July 22, 2005 regarding Bear's Paw use of the Estuary's Golden Gate Parkway and Airport Road entrances to by-pass the overpass construction site. We are agreeable to the terms and conditions of your letter and will instruct our Chief Operating Officer, Terry Jay Cook to contact Ms. Guarascio to establish the operating procedures for the use of the by-pass. We look forward toworking with the Estuary on this matter. Sincerely, bPm~~~ Bear's Paw Country Oub, Inc. cc: Robert Tipton, Collier County Transportation Department Tom Sansbwy, Grey Oaks Development Corp. Terry Jay Cook, Bear's Paw Country Oub Kelly Guarasdo, Grey Oaks Community Services Club Website www.bearspawcc.org · Club e-mail tjbear2S00@aol.com Agenda Item No. 16B2 September 13, 2005 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve the after-the-fact submittal of the attached County Incentive Grant Program (CIGP) applications to the Florida Department of Transportation for Interstate 7SIImmokalee Road improvements, SR 82 Project Development and Environment Study and Santa Barbara Boulevard six-Ianing project OBJECTIVE: For the Board of County Commissioners to authorize the County Manager to submit three (3) County Incentive Grant Program (CIGP) applications to the Florida Department of Transportation for the following projects, after-the-fact: . Construction of loop ramp in southeast quadrant of Interstate 75/Immokalee Road interchange ($7 million request); . Reimbursement for County funds used to advance Project Development and Environment (PD&E) Study on State Road 82 between State Road 29 and Hendry County Line ($500,000 request); and . Construction of six-Ianing project on Santa Barbara Boulevard between Oolden Gate Parkway and Davis Boulevard ($13.6 million request). ,,- CONSIDERATIONS: The County Incentive Grant Program (ClOP) was created for the purpose of providing grants to counties to improve transportation facilities located on the State Highway System or which relieves traffic congestion on the State Highway System per section 339.2817, Florida Statutes. For the most part, the subject projects are currently or will be programmed in the County's Capital Improvement Program and matching funds are being requested through FDOT. The ClOP was recently expanded through the State's Growth Management Bill. These three ClOP applications will ensure that those County projects that will have the most benefit on the State Highway System are considered for funding. ClOP and its counterpart, the Transportation Regional Incentive Program (TRIP) are going to be the primary means the State will use to allocate funds to counties. The enclosed ClOP applications are due to the Florida Department of Transportation on August 31,2005. Because the Board of County Commissioners did not have an August meeting, it was necessary for the County Manager to submit these applications on August 31 st, to be followed by after-the-fact approval of the Board of County Commissioners during the September 13th meeting. FISCAL IMP ACT: Staff is working with FDOT to reduce the latest construction estimate for the Interstate 7SlImmokalee Road interchange received from FDOT and is exploring additional funding options including State Transportation Regional Incentive Program (TRIP) funding. No additional County funds will be needed for the SR 82 or Santa Barbara Boulevard applications since they are already fully-funded in the County budget. GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's Growth Management Plan. "'~ Agenda Item No. 1682 September 13, 2005 Page 2 of 13 RECOMMENDATION: That the Board of County Commissioners approve the after-the-fact submittal of County Incentive Grant Program (CIGP) applications for the three transportation projects noted above. Prepared by: Charles Barmby, AICP, MPO Director Attachments: (1) CIGP Application Package for Interstate 7SIImmokalee Road; (2) CIGP Application Package for SR 82 PD&E Study; (3) Construction of Santa Barbara Boulevard Six-Laning Project (Golden Gate Parkway to Davis Boulevard). ,"-'" Item Number. hem Summary: Meeting Date: Agenda Item No. 1682 September 13, 2005 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1682 Recommenda1ion 10 au1horize submittal of County Incentive Granl (CIGP) applications for 1.) Interstate 75!1mmokalee Road mterchange improvement cons1ruction /$7 million); 2.) Reimbursement for 50~'~ of local funding used to advf'mce SR 82 PD&E Study ($500,000): find 3.) Santa Ba.bara six-hming <lonstruc1ion funding (nla.-imtlm 35% match 101 non-Stale highways) for the segment between Golden Gate Parkway and Davis Boulevard. ($13.6 million) 9113/20059:00:00 AM Principal Planllf)f 0". Prepared By Charles Barmby Transportation Sorvice~ Transportation Planning 6131/20052:32:31 PM Transportation Planning Director Date Approved By Donald L Scott. TransportaUOf'l Services Transportation PlImning 8(31120054:12 PM Accounting SUper\iIBOr Dote Approved By Sharon Newman TranJlportatiOf1 S<!tvic~s Tram.portation Administration 8131120054:20 PM Executive SIeGretary Date Appruved By Pat Lehnhard Transport41ion Services Transportation Services Admin 6J3112005 4:30 PM Marlvne J. Foord Gr.nlB Coordinator Date Approved By Administrative Services Administrative Services Admin. 6/3112005 4:49 PM Approved By OMS Coordinator County Manager's OtTlce Adminiatrative Assistant Oat. OffIce of Management & Budget 9/1120059:13 AM Susan Usher Dote Approved By County Manager's OfTlce Senior ManagementlBUdget Analyst Office of Management & Budget 9/1/20052:53 PM Michael Sm~kowBki Management 8. Budget Director Dote Apl)roved By County Mannger's Office OffIce of Management 8. Budgf1t 912120059;34 AM Approved By Jam~ V. Mudd Board of County Commissioners County Manager Date County Manager'a Office 91612GD5 11 :54 AM Agenda Item No. 16B2 September 13, 2005 Page 4 of 13 INTERSTATE 75/IMMOKAlEE ROAD INTERCHANGE FY 2005/06 County Incentive Grant Program Request Fact Sheet Contact Information for Applicant Norman Feder, AICP, Administrator Collier County Transportation Services Division 2885 South Horseshoe Drive Naples, Florida 34104 Phone (239) 774-8192 E-mail: NortnFeder@colliergov.net Project Description Right-of-way acquisition and construction of a loop ramp in the southeast quadrant of the Immokalee Road/Interstate 75 interchange (including new bridge structure over Immokalee Road, parallel to the Interstate's mainline), reconstruction of the eastbound- to-northbound on-ramp and realignment of the northbound off-ramp, including removal of existing pavement for off-ramp. The estimated right-of-way and construction cost of this project totals over $20.8 million. Federal earmarks obtained by FDOT for Interstate 75 improvements are programmed to fund approximately $2.5 million of this project's cost and $7.5 million will be programmed with a combination of local (Collier County) funds and private right-of-way contributions. The remaining $3.8 million cOilld be funded with County and/or Transportation Regional Incentive Program (TRIP) funding or be advanced through a State Infrastructure Bank loan. Collier County is requesting $7 million from the County Incentive Grant Program (CIGP) for construction costs associated with this project. Collier County's CIGP request amounts to over 38% of the non-Federal share of this project's cost. Introduction The Interstate 75/Immokalee Road interchange currently has a traditional urban diamond configuration that operates poorly, particularly for eastbound to northbound movements. Furthermore, the bridge structure on Interstate 75 over Immokalee Road cannot accommodate Collier County's lmmokalee Road six-Ianing project that is currently underway to the west of the interchange and the County's six-Ianing project that is scheduled to begin this year from the interchange east to Collier Boulevard. Without improvements to the Interstate 75 interchange itself, Immokalee Road will have to maintain a four-lane bottleneck in order to accommodate turning movements. The I-75/Immokalee Road (CR 846) Interchange Operational Analysis Report prepared by the Florida Department of Transportation, District One in April 2005 analyzed the interchange's operations with and without the proposed improvement in Years 2004, 2014 and 2024. Based on SYNCHRO analyses contained in this report, the two most problematic movements will be eastbound left- and northbound left-turn movements. Both movements are projected to be operating at LOS F with average delays of over 80 seconds. With the loop interchange concept, delays for the eastbound-left movement are eliminated and the northbound left are reduced to approximately 54 seconds. Furthermore, delays for westbound movements are almost eliminated. 1 Agenda Item No. 16B2 September 13. 2005 Page 5 of 13 This interchange project was added to the Collier Metropolitan Planning Organization's 2004/05-2008/09 Transportation Improvement Program (TIP) on April 8, 2005 and is included in FY 2005/06 of the new 2005/06-2009/1 0 TIP that was adopted by the Collier MPO on June 10, 2005 (FPN# 4189371). At the time that this project was added to the TIP, its cost was estimated at $5 million, with $2.5 million (50%) expected to be provided by FDOT with Federal earmarks and the remaining 50% coming from County dollars and developer right-of-way contributions. The six-Ianing of Immokalee Road under Interstate 75 has since been added to the project scope, resulting in an increased cost. It should be noted that Interstate 75 is on the State's Strategic Intermodal System (SIS) and is a "first order" facility on the Bi-County Regional Transportation Network that was adopted by the Collier and Lee County MPO Boards at a joint meeting held on October 22, 2004. Immokalee Road has also been designated a "second order" facility on the Collier and Lee Bi-County Regional Transportation Network. Project Proposal The extent to which the project will encourage, enhance or create economic benefits. Immokalee Road is the most direct route between the Bonita Springs-Naples Urbanized Area and Immokalee, located in the State's Rural Area of Critical Economic Concern. Immokalee Road is also an important commuter route between Immokalee, Orangetree and the Golden Gate Estates areas of eastern Collier County and the employment centers in Naples and coastal Collier County. Furthermore, the new Ave Maria University and Town of Ave Maria Development of Regional Impact will generate much needed employment and economic development in eastern Collier County to reduce trip lengths for employment and services; however efficient access to Ave Maria from Interstate 75 will continue to be key to its future success as a regional activity center. The likelihood that assistance would enable the project to proceed at an earlier date than the project could otherwise proceed. The proposed loop ramp has been incorporated into the site plan for a Super Target that will be constructed in the southeast quadrant of the Immokalee Road/Interstate 75 interchange. Collier County is scheduled to begin a six-Ianing project on the adjacent section of Immokalee Road between (but not including) the Interstate 75 interchange and CR 9511Collier Boulevard in FY 2005/06. Obtaining CIGP funding for the Interstate 75/Immokalee Road interchange project will enable Collier County to leverage its dollars with CIGP, Federal and private funding to allow FDOT to construct the project in FY 2005/06. Otherwise, it is likely that this interchange would have to wait until the segment of Interstate 75 between Golden Gate Parkway and Bonita Beach Road is six- laned in FY 2007/08. It will be important for the interchange project to be constructed in conjunction with the County's Immokalee Road six-Ianing project and the construction of the Super Target in order to minimize delays/congestion experienced by motorists. 2 Agenda Item No. 1682 September 13, 2005 Page 6 of 13 The extent to which assistance would foster innovative public-private partnerships and attract private debt or equity investment. Under Collier County's concurrency management ordinance, Super Target would be able to proceed forward with its 173,000 square foot retail center since six-Ianing projects are programmed over the next two years on Immokalee Road within the established project area. Even though these six-laning projects would offer the necessary capacity for Target to proceed, long-term operational problems would persist at the Immokalee Road/Interstate 75 interchange with its current configuration. Collier County staff has been able to work with Target's representatives to reserve the needed four acres of land to accommodate the preferred loop configuration identified in Alternative Four. The estimated value of the 3.931 acre site (171,234 SIF) based on the current market rate of 20/sf would be approximately $3,424,687. Target has agreed to sell the parcel for the amount of $845,000. Through this arrangement, Collier County's taxpayers have already saved $2,579,687 on this interchange project. The extent to which the project uses new technologies, including intelligent transportation systems, which enhance the efficiency of the project. Although the proposed loop ramp concept does not incorporate intelligent transportation system (ITS) technologies, Collier County is requesting that developers in the Immokalee Road corridor contribute funding for real-time traffic data collection hardware/software to evaluate traffic flows throughout this corridor at all times of the day. The first of these monitoring stations has recently been activated east of the Target site and is currently collecting data. As part of the programmed Interstate 75 six-laning project between Golden Gate Parkway and Bonita Beach Road, Collier MPO staff has requested that FDOT evaluate the benefits of metering the northbound on-ramp at Immokalee Road to control the queues entering the Interstate at this location. The extent to which the project helps to maintain or protect the environment. The Interstate 75!Immokalee Road interchange is located in a highly-developed area of commercial and residential development. The new loop ramp will be constructed in accordance with all local, state and regional permitting requirements. Funding Request Collier County requests $7 million through the County Incentive Grant Program (CIGP). The following outlines how this CIGP funding request will be matched with County, private, Federal, and other funding sources to fully fund its estimated right-of-way and construction cost: . Other: $2.5 million (FPN# 4189371 in Collier MPO TIP)) $4 million re-allocated from Immokalee Road six-Ianing project programmed in FY 2005/06 of County's Capital Improvement Program. Additional $3.8 million (potential funding sources include County funding, advancement through State Infrastructure Bank Loan, or funding through Transportation Regional Incentive Program) $3.5 million from developer right-of-way donations. $ 7 million. . Federal: County: . . Private/Cty.: CIGP: . 3 Agenda Item No. 1682 September 13, 2005 Page 7 of 13 Florida Transportation Plan Consistency The proposed project meets the goals of the Florida Transportation Plan by: . Managing access on Florida's public roads to preserve capacity and enhance safety and mobility; . Increasing the efficiency of the transportation system using appropriate technologies and other techniques; . Establishing, constructing and managing Florida's Strategic Intermodal System; . Reducing delay for people and goods movement through increased system efficiency and multimodal capacity; Appendices A: Location Map B: Collier-Lee Bi-County Regional Transportation Network Map (adopted 10/22/04) C: I-75/Immokalee Road (CR 846) Interchange Operational Analysis Report D: Collier MPO Long-Range Transportation Plan Consistency Letter 4 Agenda Item No. 1682 September 13, 2005 Page 8 of 13 STATE ROAD 82 PD&E STUDY FY 2005/06 County Incentive Grant Program Request Fact Sheet Contact Information for Applicant Norman Feder, AICP, Administrator Collier County Transportation Services Division 2885 South Horseshoe Drive Naples, Florida 34104 Phone (239) 774-8192 E-mail: NormFeder@colliergov.net Project Description Reimbursement for $1 million in Collier County funding that is being used to advance a Project Development and Environment (PD&E) Study on State Road 82 between SR 29 and the Hendry County Line. The PD&E Study on this section of SR 82 corresponds to a PD&E Study that is being conducted on SR 82 in Lee County being advanced with funding from the Lee County Department of Transportation. Since SR 82 is on the State Highway System, Collier County's funding request is 50% of the $1 million in local funding that has been committed for the PD&E Study, for a total of $500,000. Introduction In December 2004, State Road 82 was added to the State's Emerging Strategic Intermodal System network between State Road 29 near Immokalee and Interstate 75 in Fort Myers. SR 82 directly connects Immokalee, in the State's Rural Area of Critical Economic Concern, with the Cape Coral-Fort Myers Metropolitan Area. It also serves as a primary route between Immokalee and Southwest Florida International Airport and Florida Gulf Coast University. State Road 82 has been designated as a "first order" facility in the Collier-Lee Bi-County Regional Transportation Network that was adopted by the Collier and Lee County MPOs at a joint meeting held on October 22, 2004. Furthermore, the subject PD&E Study is currently regional Priority #7 (assuming removal of those regional projects currently funded for implementation) on the "Joint Regional Priorities for Discretionary Statewide Funding" that was updated by the Collier and Lee County MPOs in May 2005. The Florida Department of Transportation is currently conducting a Florida Intrastate Highways System (FIHS) feasibility study and a Corridor Access Management Plan (CAMP) for this subject section of SR 82. The four-laning of SR 82 between SR 29 and the Hendry County Line was identified as a project "need" in the 2025 Long-Range Transportation Plan that was adopted by the Collier MPO in 2001. 1 Agenda Item No. 1682 September 13, 2005 Page 9 of 13 Project Benefits The extent to which the project will encourage, enhance or create economic benefits. State Road 82 is a direct route between Interstate 75 and Immokalee Regional Airport, which has the following designations: . Foreign Trade Zone . Enterprise Zone . Hub Zone . Empowerment Zone . Foreign Entrepreneurial Investment Zone . Port of Entry Immokalee Regional Airport is focus of economic development activity in eastern Collier County and is seen as a reliever to the crowded airports in Southeast Florida for cargo operations. Improving SR 82 will enhance accessibility to surrounding markets in South Florida and Interstate 75 for shipments being made to other parts of the country. SR 82 will serve as an important route connecting Southwest Florida International Airport, Florida Gulf Coast University, the new Ave Maria University near Immokalee, the Immokalee Seminole Reservation and the Big Cypress Seminole Reservation in southeastern Hendry County. When combined with improvements to State Road 29 north of Alligator Alley and a proposed bypass around the east side of Immokalee, a multi-Ianed SR 82 will offer a viable alternate route to Interstate 75 through the congested Naples and Fort Myers Areas for through traffic. The likelihood that assistance would enable the project to proceed at an earlier date than the project could othenvise proceed. Advancing the PD&E Study for the section of SR 82 in Collier County will allow it to be coordinated with a corresponding PD&E Study in Lee County. Combined, both projects will identify the footprint and scope of needed improvements, thereby resulting in information that can be used to coordinate right-of-way and design needs with adjacent landowners and developers. Advancing the PD&E Study will also allow the design and subsequent phases to move forward in earlier years than would otherwise be the case. The extent to which assistance would foster innovative public-private partnerships and attract private debt or equity investment. Improvements to the SR 82 corridor will make the Immokalee area more attractive for economic development and could result in the increased utilization of Immokalee Regional Airport. The advancement of improvements to SR 82 will also allow for coordination with adjacent developers/landowners on right-of-way, retention or other such features that could result in a lower project cost. The extent to which the project uses new technologies, including intelligent transportation systems, which enhance the efficiency of the project. An Intelligent Transportation System (ITS) project is currently being implemented on Interstate 75 through Collier and Lee Counties. It is anticipated that the SR 82/29 2 Agenda Item No. 1682 September 13, 2005 Page 10 of 13 corridor can be identified as an alternate route for through-motorists by displaying such information on motorist advisory signage or traditional signage at the SR 82 and SR 29 interchanges on Interstate 75. The extent to which the project helps to maintain or protect the environment. Any multi-Ianing improvements on SR 82 will meet or exceed local, State or regional permitting requirements. Florida Transportation Plan Consistency The proposed project meets the goals of the Florida Transportation Plan by: . Adequately maintaining all elements of the transportation system to protect the public's investment for the future; . Increasing the efficiency of the transportation system using appropriate technologies and other techniques; . Managing access on Florida's public roads to preserve capacity and enhance safety and mobility; . Establishing, constructing and managing Florida's Strategic Intermodal System; . Providing for smooth and efficient transfers for both passengers and freight between seaports, airports, railroads, highways and other elements of the Strategic Intermodal System; . Reducing delay for people and goods movement through increased system efficiency and multimodal capacity; . Designing the transportation system to support communities' visions, compatible with corridors of regional and statewide significance; . Designing the transportation system in a way that sustains human and natural environments and conserves non-renewable resources; . Ensuring that the transportation decision-making process is accessible and fair for all communities and citizens of Florida; . Achieving all of the objectives associated with the following goal, "Safe transportation for residents, visitors and commerce." Funding Request Collier County requests $500,000 through the County Incentive Grant Program (CIGP) to reimburse 50% of the local funding being used to advance the PD&E Study for SR 82 between SR 29 and the Hendry County Line. Appendices A: Location map B: Map depicting Heartland Rural Area of Critical Economic Concern C: "Joint Regional Priorities for Discretionary Statewide Funding", amended by the Lee and Collier MPOs in May 2005 D: Long-Range Transportation Plan Consistency Letter 3 Agenda Item No. 1682 September 13, 2005 Page 11 of 13 SANTA BARBARA BOULEVARD Six-LANING PROJECT (Golden Gate Parkway to Davis Boulevard) FY 2005/06 County Incentive Grant Program Request Fact Sheet Contact Information for Applicant Norman Feder, AICP, Administrator Collier County Transportation Services Division 2885 South Horseshoe Drive Naples, Florida 34104 Phone (239) 774-8192 E-mail: NonnFeder@colliergov.net Project Description Construction phase of a six-laning project on Santa Barbara Boulevard between Golden Gate Parkway and Davis Boulevard in Collier County. Right-of-way and construction costs total over $39 million. Collier County's CIGP request is $13.6 million, which is approximately 35% of the construction and right-of-way phases currently programmed in the County's Capital Improvement Program. Introduction Santa Barbara Boulevard, when combined with the planned extension of Logan Boulevard in northern Collier County, creates a primary north-south corridor that links Collier County to Lee County. The Collier-Lee County region's most significant Strategic Intermodal System (SIS) facility is Interstate 75. The Florida Department of Transportation has programmed the six-larring of Interstate 75 northward from the new interchange at Golden Gate Parkway in Fiscal Year 2007/08. The programmed six- laning of Santa Barbara Boulevard will provide additional lane capacity in the north- south corridor served by Interstate 75 for traffic with an origin/destination along Davis Boulevard. Attachment B explains how this six-laning project will benefit Interstate 75. It should be noted that Collier Area Transit (CAT) operates regular fixed-route transit service on Santa Barbara Boulevard north of Radio Road. Project Benefits The extent to which the project will encourage, enhance or create economic benefits. The six-laning project on this segment of Santa Barbara Boulevard will relieve Interstate 75 and maintain/maximize mobility in this SIS corridor until capacity projects including the six-laning of Interstate 75 and the reconstruction of the Interstate 75/SR 951/SR 84 interchange are implemented. The likelihood that assistance would enable the project to proceed at an earlier date than the project could otherwise proceed. At this point, the six-laning of Santa Barbara Boulevard is programmed in FY 2005/06 of Collier County's Capital Improvement Program. Collier County has seen significant increases in right-of-way, construction materials and construction labor costs. As these 1 Agenda Item No. 1682 September 13, 2005 Page 12of13 costs increase, it becomes more and more difficult to stabilize projects timelines in capital improvement programs. Obtaining County Incentive Grant Program (CIGP) funding for Santa Barbara Boulevard will stabilize its construction in FY 2005/06 of the County's CIP. The extent to which assistance would foster innovative public-private partnerships and attract private debt or equity investment. At this time, there aren't any opportunities for public-private partnerships directly associated with this six-Ianing project. This project does, however, help improve accessibility to the Golden Gate City, which is the target of redevelopment efforts. The extent to which the project uses new technologies, including intelligent transportation systems, which enhance the efficiency of the project. In the event of traffic congestion or an incident on Interstate 75 between Golden Gate Parkway and the SR 9511SR 84 interchange, programmed Intelligent Transportation System (ITS) improvements along Interstate 75 through Collier and Lee Counties could be used to direct motorists to parallel facilities such as Santa Barbara Boulevard. Additional capacity on Santa Barbara will help accommodate any additional traffic that would have to use it when a detour is required. The extent to which the project helps to maintain or protect the environment. This project is located in a highly urbanized area of Collier County. This project will meet or exceed all State, regional and local permitting requirements. Funding Request Programmed Amount by Collier County: Construction: $29,000,000 Right-of-way: $10,059,695 CST/ROW: $39,059,695 Amount Expended to Date: $10,059,695 TRIP Request: $13,600,000 (Approx 35%) Florida Transportation Plan Consistency The proposed project meets the goals of the Florida Transportation Plan by: . Adequately maintaining all elements of the transportation system to protect the public's investment for the future; . Increasing the efficiency of the transportation system using appropriate technologies and other techniques; . Managing access on Florida's public roads to preserve capacity and enhance safety and mobility; . Improving incident management to minimize the impact on traffic flow; 2 Agenda Item No. 1682 September 13, 2005 Page 13 of 13 . Reducing delay for people and goods movement through increased system efficiency and multimodal capacity; . Designing the transportation system to support communities' visions, compatible with corridors of regional and statewide significance; . Designing the transportation system to accommodate human scale, pedestrian, bicycle, transit-oriented and other community-enhancing features where appropriate; . Designing the transportation system in a way that sustains human and natural environments and conserves non-renewable resources; . Increase access to and use of alternatives to the single-occupant vehicle; . Ensuring that the transportation decision-making process is accessible and fair for all communities and citizens of Florida; . Achieving all of the objectives associated with the following goal, "Safe transportation for residents, visitors and commerce." Appendices A: Location map. B: Project analysis demonstrating how project will relieve traffic on Interstate 75. C: Long-Range Transportation Plan Consistency Letter 3 Agenda Item No. 1683 September 13, 2005 Page 1 of 10 - EXECUTIVE SUMMARY Recommendation to award Bid #05-3796, "Traffic Sign Materials and Related Items" to multiple vendors on a category basis. OBJECTIVE: To supply the necessary signs and sign components in order to properly maintain and repair roadway signage in Collier County. CONSIDERATIONS: The Collier County Purchasing Department posted Bid #05-3796, "Traffic Sign Materials and Related Items," on July 12,2005. Invitations to bid were solicited from 60 vendors, and six responses were received by the bid opening date of July 29,2005. The vendors who responded were: Municipal Supply & Sign Company; Allied Tube & Conduit Corporation; Rocal, Inc.; Safety Products, Inc.; Universal Signs & Accessories; and 3M Corporation. Staff recommends awarding this bid based on each bidder's pricing in Categories I through V in the bid on a primary/secondary basis, and on a low-bid, line-item basis for commodities in the "Related Items" category, as shown in the recommended bid award matrix, which is attached to this Executive Summary. Allied Tube & Conduit Corporation and 3M Corporation were not given consideration for award in their respective categories due to non-responsiveness and bids - in excess of budget. FISCAL IMPACT: Funds for annual sign fabrication, maintenance and repair in the amount of $150,000 have been budgeted in the Traffic Operations Operating Fund (101) for Fiscal Year 2005/2006. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDA TION: That the Board of County Commissioners award Bid #05-3796, "Traffic Sign Materials and Related Items" to Rocal, Inc.; Universal Signs; Municipal Supply & Sign Company; and Safety Products, Inc. PREPARED BY: Sheila A. Convery, Senior Administrative Assistant 08/12/2005 Attachments: Bid Tabulation, Bid #05-3796 Recommended Bid Award Matrix - Agenda Item No. 1683 Seplember 13, 200.5 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1683 Mooting Date: Recommendatioll to aWArd Bid #05-3796, Traffic Sign Materials and Related Items to multiple ....endors on ll. category b8Si$. ($150,OOO) 9/13/20059:00:00 AM Prepared By Sheila Convery Traffic. Signal Technic:ian Date Transportation Services Traffic Operations 8116/20059:10:51 AM A))prond By Brenrn. Brllhart Purchasing Agent Dote Admlnistutlve- Se-rlllce& Purchasing 8/16120052:19 PM Approved By MIke Hauer Acquisition M.nagltlr Date Adminlstrilttve Services Purchasing 811112005 9:33 AM Approved By Norm E, Feder, AICP Transpurtat!on Division Adminl$1rator Date Transportation Services Transport<<t.lon S&rVlce$ Admin. 6/17/ZOO510:51 AM Approved By Robert W. Tipton, P.E. TrRffic Ope-rations Director Date Trlmsportatlon Services Traffic Qpenrtion:tl OJ18!2006 4:39 PM Approved By Sttt'Jl~ Carnell Purchllsing/Generlll S....cs Director D... Admlnislntive ServiC(!ls Purchuing 8/22120051:56 PM Approved By Sharon Newmnn Accounting Supervisor D... Transportation Services. Tran'Sportafion Administration af2.21'2005 3:25 PM A pproved By Pat Lehnhard Executive- Secretary Dote Transportation Servic~ Transportation Services Admin 6/2212006 3:30 PM Apl)roved By OMS Coordinator Administrative Anlsiant D... County Manage-r's Office Office of Management & Budget 8/23120056:15 AM Approved By Mark Isackson Budget Analyst Dllte County Manager's Office Office of Management & Budget 8f23/200511:42 AM Approved By Michael Smykowskl Management & Budget Director Da" County Manager', Office Office of Man8gelTlf:\'nt & Budg~ 6/23/20051:11 PM AI}proved B}' James. V. Mudd County Manager D." 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N .f"CI i i j i "a cB I crfJ ~ 'C i I f ii -- - - Agenda Item No. 1684 September 13, 2005 Page 1 of 20 EXECUTIVE SUMMARY Recommendation to award Bid #05-3860, "Installation and Maintenance of Roadway Lighting, Fixed Term Contract," to Kent Technologies, Inc. OBJECTIVE: To provide the services and materials necessary to properly repair, maintain and install roadway lighting facilities in Collier County. CONSIDERA TIONS: The Collier County Purchasing Department posted Bid #05-3860, "Installation and Maintenance of Roadway Lighting, Fixed Term Contract," on July 1,2005. Invitations to bid were solicited from 45 vendors, and three responses were received by the bid opening date of July 25, 2005. The vendors who responded to this bid were: Kent Technologies, Inc.; E.B. Simmonds Electrical, Inc.; and Horsepower Electric, Inc. Staff reviewed the bids submitted and found that Kent Technologies, Inc. was the low bidder on Cost Estimate Sheets A and C, as well as the lowest bidder on material mark-up and the lowest overall bidder. Staff recommends awarding this bid to Kent Technologies, Inc. based on the Method of Award outlined in the Bid. FISCAL IMP ACT: Funds for annual roadway lighting repair, maintenance and installation in the amount of$191,200 have been budgeted in the Traffic Operations Operating Fund (101) for Fiscal Year 2005/2006. GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDA TION: That the Board of County Commissioners award Bid #05-3860, "Installation and Maintenance of Roadway Lighting, Fixed Term Contract," to Kent Technologies, Inc. as referenced herein. PREPARED BY: John W. Miller, Field Supervisor Date: August 16, 2005 Attachments: Bid Tabulation, Bid #05-3860 (Corrected) Bid Tabulation, Bid #05-3860 (Original- contains math error) Item Number: Item Summary: Meeting 0*: Ageneja Item No 1684 September 13, 2005 Page 2 of 20 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS 1684 Recommendation to award Bid #05-3860. Installation and Maintenance of Roadway Lighting, Fixed Term Conlrac1, 10 Kent Technologies.. Inc. ($191.200) 9f13!2005 9:00:00 AM Date Prepared OJ Sheila Convery Tl'3nsportation Services Trnffic Signal Technician Traffic O~rations 8/16/20053:19:21 PM Norm E. Feder, AICP Dote Approved By Transportahon Services Transportation Division Admmistrator Transportation Services Admin, 8!17f200510:52 AM Approved By Brenda Brllhart Administrative Service. Date ~urchasing Agent Purchasing 8/18120053:52 PM Mike Hauer Date Approved B)' Administrative Services Acquisition Manager Purchasing 8/19120053:03 PM Approved By Ste'le C<1rnell Administrative SerVices Purchnslng!Generllt S."cs Director Date Purchasing 8f2212005 11 :05 AM Dote Approved By Robert W, Tipton, P.E. lransportatlon Services TraffIC Operations Director Traffic Oper.a1ions 6/22/20052:04 PM Dote Appro\'ed BJ Sharon Newman lnlnsportation Services Accounting Supt'rviaor Transporta1ion Admlnif>tration 6/2212005 3:26 PM Pm Lahnhard Oate Appro\'ed B}' T rlfnsportation Servicea Exccutivt' Secretary Transportation Services Admin 6f22/2005 3:32 PM Approved B}' OMB Coordinator County Manager's Office Administrathle Anlstant Oate Office 01 Management & Budget 6/23f2005 6:19 AM Mark Isackson Date Appruved B}' County Manager's Office Budget Analyst Office or Management & Budget 8123120054:13 PM Appro\'ed By Michael Smykowskl County Manager's Office Management & Budget Director Date Office of Monagement & Budget 812Sf2005 10:416 AM Cmmty Manager O..te Approved By James V. 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CONSIDERATIONS: The Collier County Purchasing Department posted Bid #05-3858, "Installation and Maintenance of Traffic Signals," on July 6, 2005. Invitations to bid were solicited from 45 vendors, and three responses were received by the bid opening date of July 27, 2005. The vendors who responded to this bid were: Kent Technologies, inc., E.B. Simmonds Electrical, Inc., and Mid-Continent Electric, Inc. Staff reviewed the bids submitted and recommends awarding this Bid to Kent Technologies, Inc. and Mid-Continent Electric, Inc., as their bids are within 0.3% of each other. Historically, the work awarded under this contract has exceeded the capacity for work of anyone firm, and the Traffic Operations Department has had recent success in awarding similar bids to multiple contractors to accomplish routine and emergency tasks. FISCAL IMPACT: Funds for annual traffic signal repair, maintenance and installation in the amount of $162,800 have been budgeted in the Traffic Operations Operating Fund (101) for Fiscal Year 2005/2006. In addition, the Traffic Operations Department budgets $750,000 annually for traffic signal construction in its Traffic Signals Fund 313 (Surplus Gas Taxes) Project 60172. GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #05-3858, "Installation and Maintenance of Traffic Signals," to Kent Technologies, Inc. and Mid-Continent Electric, Inc. Prepared By: Sheila Convery Attachments: Bid Tabulation, Bid #05-3858 Item Number: Item Summary: Meeting O.te: Agenda Item No. 1685 September 13, 2005 PElge 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1685 RecommendatIon to award Bid #05.3858 InstaUalion And Mainten.!\nce of Traffic Signals, 10 Kent Technologies, Inc. and Mid..Continent Electric. Inc. (S162.800) 9{1312005 9:00:00 AM Traffic OperatJons Director Dote PrelUlred By Robert W. Tipton, P,E Tram.portahon Serl/ices Traffic Operations 8/16f2oo5 4:28:54 PM Jack P. Curran Purchasing Agent Dote Apllrovcd B)' Admimstrative Services Purchasing 6/19/20057:31 AM Approved By Transportation DIVIsion Adtninistrator Dote Norm E. Feder. AICP "Transportation Services Transportation Services Admin. 6/191200511:12 AM Mike Hauer Acquisition Managor Date Appro\'cd B)' Administrative Services Purchasing 6119/20053:08 PM Approved By Steve Carnell Adminis1rativlJ" SerVlce5 PurchasinglGenerlll S....cs Director Date Purchasing 0122/2005 1 :58 PM Robert W. Tipton, P.E TraHlc uperations Director Date Approved By Transportation Services Traffic Operations 8/22120052:04 PM Approved B~! Sharon Newman Transportation Services Accounting Supervisor Dote Transportation Admini5tration B122f2005 3'.32 PM Pat lahnhard E.Ilecutivc Secretary Date Apprllved By "Transportation Services Transportation Services Admin 0/22120053:36 PM OMS Coordinator Administrative Assistant Date Appro'Vcd By County Manager's Ol1ice Office of Mnnagement & BUdget 8(23/2005 8:20 AM Milrll. Isackson Budget Analyst Date Approved B)' County Manag~r's Office Ofhcc of MlInagement & Budget fl12J12005 4:24 PM Apprnnd By Susan Usher County Manager':,; Office Senior MilnDgemenUBudget Ani'\lyst Date Office of Management & Budget 8/24f200511:15 PM Michael SmykDwslli Management & Budget Director nate Appro'Vcd By County Manager's OffIce Office of ManagolTll.'lnt & Budget B/2S/l00S 10:22 AM Appro,,'ed B~' Jall'lCs V. Mudd Board of County Commissioners County Manager Date County Manager'1i Office 8/30/200512:14 PM U')U')U') ~o ..-Ne") a e") OJ Z"- 0) ....m EO,)o.. O,)~ :!:::E ~ ~Q.. ~ OT> ~ o ;z 2'1') ..0 a~ ~~ :;:;1::'- ,n o ~ e o ..... .... .& .:fr:- te.o _ 0 ~cQ .~ ~ ~ ora 0: c:I ~ ~ c,> IE 0: ~ ~ .... o aI :.l l: ~ '" ... = ';: ... oi: '3r,;: ;~ ~ )}; :::: ,:> ..=::tI: "; ..... -0 ~~ .y .0 -..... 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U = E c ~ --'2 rn "'""" -< .J 11) - ~ Vi ~ "=' :<:: - ~ Q) S rn =7 ~ I ~ 11) " J::: ~ .~ :.> .s - W :<:: ~ '"" ..... 0 ~ -; ~~ c '"-" - :l> 0 ... e.l '- ~ I~ ,>, -:: ~ <.l '" '"" <n t:: ..c 0 c;; 0 II) .E (CI .t: \: or::: ~ :!3 <Xi U ~~ :.., ~ '"" ~ E ...... :':l C ~ .- 2 ~ .... 0 x :-< := i -; ~ ...-.c 0:: ~ ~ ~ Vi "'0 ~~ 11) ~ y - ~ 11) "\ -= ::r: ~ u P ~ ~ C :0:: ... .... ...... .~ 9: ~ rI3 ~ "; .~ = 0 VJ :p t) .S- E to., v c ~ H t=: '"" .., ,0 - El - ... ...... I 0 ::: , ~ - Z; II"> I I ~ N ;;J'\ ~ \0 ~I I.E. <C '.0 0> - ... I (') Q,l Cl CIS a.. ~ ~ c o U E Q) I- "C OJ x u: '" <il c: r:;n (:n () E ro ~ ..... o ~ c CD c c..> .1; {':l 2 "'0 c: <ll c: o E ~ ;;; E :f? <X) ~l L~ " Agenda Item No. 1666 September 13, 2005 Page 1 of 6 ,,,,---. EXECUTIVE SUMMARY Recommendation to award Bid #05-3844, "US 41 North Roadway Lighting from Pine Ridge Road to Myrtle Road," to Kent Technologies, Inc. Project 60007 ($462,131.79) OBJECTIVE: To provide roadway lighting on US 41 North between Pine Ridge Road and Myrtle Road. CONSIDERA TIONS: The Collier County Purchasing Department posted Bid #05-3844, "US 41 North Roadway Lighting from Pine Ridge Road to Myrtle Road," on June 17, 2005. Invitations to bid were solicited from 78 vendors, and two responses were received by the bid opening date of July 19,2005. The vendors who responded to this bid were: Kent Technologies, Inc., and Horsepower Electric, Inc. Staff reviewed the bids submitted and found that Kent Technologies, Inc. was the overall low bidder on the cumulative total of all bid items. Staff recommends awarding this Bid to Kent Technologies, Inc. in accordance with the method of award outlined in the Bid documents. FISCAL IMPACT: Funds for the construction of roadway lighting on US 41 North in the amount of $607,770 are available in the Traffic Operations Street Lighting Fund 313 (Surplus Gas Tax), Project #60007. Up to $200,020 will be reimbursed to Collier County upon ,_ completion of construction by the Florida Department of Transportation in accordance with Local Agency Program Agreement #412646-1, which was approved by the Board of County Commissioners on February 10,2004 (Item l6-B-7). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. . RECOMMENDATION: That the Board of County Commissioners award Bid #05-3844, "US 41 North Roadway Lighting from Pine Ridge Road to Myrtle Road," to Kent Technologies, Inc. as referenced herein. Prepared By: John W. Miller, Field Supervisor, Traffic Operations Attachments: Bid Tabulation, Bid #05-3844 .-... Item Number. Item Summary: Meeting Date: Agellda hem No. 16B6 September 13,2005 Pape 2 of 6 COLLIER COlINTY BOARD OF COUNTY COMMISSIONERS 1686 ReGommendation to aWArd Bid #05.3844, US 41 North RO!ldway Lighting (Jam Pine Ridge Road to Myrlht Road, to Kent Technologies, Inc projecl 60007 ($462.131.79) 9/13.'20059:00:00 AM Tlnffic Sigr).11 Technician Date Prepared By Sheila Convery Tr.msportalion Services Traffic Orer,1tions 8/18/20054:10:44 PM Robe>rtW.Tipton, P.E Tr<1ffic Operations Director note A pproved B)' Transportation Services Traffic Operations 8!18f2005 5: 15 PM Apprtlved By Jack P. Curran Admimstrative Services Purchasing Agent Date- Purchasing 8119/20057:29 AM Norm E. Feder. AICP Transportation DIvision Administrator Dote Approved By lrl.lnsporllrtJon Services Transportation Servl<:es Admin 8/19/200511: 11 AM Mike Hauer Acquisition Manager nate Approved B)' Administrative ServIce' Purchasing 8/19120053:07 PM Apl)rOved By Sharon Newrm," T ritnsportation Services Accountmg Supervisor Dnte Transportation Administration 8/22/2005 3:56 PM Purcl1asing/General SVC$ Director note AI)proved 8y Steve Carooll Admini1ltrative SNVlCOS Purchasing 8123/20058:05 AM Pat lchnhard Executive Secretary note Approved 8y Transportmion Services Transportation Services Admm 13/23/200510:13 AM A PIJrovcd By OMS Coordinator County Manllger's Office Administrative Assistant Date Office of Management 8. Budget 13/231200510::\4 AM Senior M"nngementlBudget An<'llyst Date Approved By Susan Usher County Manager's Office Office of Management & Budget 8/26/200510:17 AM Date Approved B~" Michael Smykowskf County Manager'5 OffIce Management & Budget Director Office of Management & Budget . 8!2Q/2005 4:42 PM County M..nager Date Approved B~ James V. Mudd Board of County CommiS61onNS County Manager's Offu::c 81:11120053:48 PM I~~ 00 NC") ~('")Q.) ~oc-OJ ~~ ~~ .$ Ql)N r::.al/') 0,) CI}" t.i OJQ)~ <( .~ 0-0 ziE i.: .... bIlQ) :E== t:~ ~] .. 0 =-..... " = ~ Q) 1:: ~ ~ S " = ~ ~ " ~ Q) = is::: E Q .::: .... ~ 00 ;;;l = Q CIl = :cl .:::~ ~: ~"? ~1Il ~i " .. =-0 Q .- =:(Xl ~.E t:: = L'" .9 .... .... CJ Cl:I ~:; Q"o .. = =-E-< cJ 0 0 0 0 0 0 It'') 0 0 0 0 0 0 0 = ~ ~ 0 0 0 0 N ~ 0 0 0 0 0 ~ ~ r...:: r...:: 0 0 0 0 0 I I I I 0 0 ..j. N I I 0 I I III U It'') 0 0 0 0 0 - It'') N 00 00 It'') It'') 0 = - Nft N 0 0 N \Oft 00 - ~ \Oft r::: .t: ~ ~~ .,.;' It'')ft rt'l ~ft - rt'l CJ .... 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'"0 5 <( r. e V\ Co) ...... ~ <( ~ - ~ tI'.l ... 8 <( ~ CXl ~ U - - ~ .~ 8 It''l ... . ~ I~ a ...... I~ ::s IC i CI ,~ tI'.l a I~ - ~ :E a s:: s:: :J tI:l '" <3 .~ t: e ;l '" = tI:l 8 0 ~ ~ 0 Co) Co) ~ '.;:l - rn ~ Co) >< e Co) 0 .e a:l s:: e .;.; ::s 0 s:: ::s - 0 ~ "'3 ~ u 0 ~ Co) ~ <( u ,~ "0 "0 .S: u; IJ. IJ. '" ... ~ - s:: Co) j ~ 8 .E ,...J ,.J ,.J ~ - C'l - I ~ 1 0 C'l :! ...... IC 1 I 1 V\ V\ on ...... ...... - l- I- l- I 'iii III C III D- C;) '5 C') j U') co 0_ 00 NCO ? 0,) -OJ -- ...... m ~~o.. ~i r::.(J) (J)(/) OJ <( 'iii CD C t\l a. C;; '6 'Ot Agenda Item No. 1687 September 13, 2005 Page 1 of 32 EXECUTIVE SUMMARY Recommendation to approve the purchase of Parcel Nos. 131, 531, 731, 931, 132, 732, 133A, 133B and 733 required for the construction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $975,916.59 OBJECTIVE: To approve two Purchase and Easement Agreements for the acquisition of right-of- way and temporary construction easements required for the construction of the six-laning improvements to Collier Boulevard. CONSIDERATIONS: 'The subject properties are located on the west side of Collier Boulevard, north of Vanderbilt Beach Road, situated between the Mission Hills PUD and Wolfe Road. Portions of the property, Parcel 131 , Parcel 132, Parcel 133A, Parcel 133B, Parcel 931 (road right- of-way, fee simple), Parcel 531 (temporary access easement), Parcel 731, Parcel 732 and Parcel 733 (temporary construction easements) are necessary to construct the roadway, drainage and utility facilities for the six-lane improvements to Collier Boulevard scheduled to commence in the fall of 2005 (see Exhibit "A" attached hereto). (..-... Included in the six-lane improvements to Collier Boulevard is the construction of Wolfe Road, along the northern property line of the subject property, and the intersection improvements at Collier Boulevard and Wolfe Road. CDN Properties, L.L.C. is the owner of parcels 132, 732, 133A, 133B and 733. They have cooperated fully with County staff, and incorporated within their Sonoma Oaks PUD master plan a connector road from Wolfe Road through the Sonoma Oaks PUD to Mission Hills, which will improve traffic flow in the surrounding neighborhood and reduce the number of local trips on Collier Boulevard. In order to provide access to that connector road from Wolfe Road, the CDN Properties L.L.C have donated a 6,000 sq. ft. southern portion ofParcel133B for the construction of left and right turn lanes into and out of their development. The final settlement amount was reduced by $25,000.00 to pay for construction of those improvements. This arrangement limits the disruption to the traffic flow and the neighborhood by constructing the access improvements simultaneously with the widening of Wolfe Road instead of at a later date. It also provides a significant savings to CDN Properties L.L.C. whereby they can construct the improvements within the scope of the road project rather than after the roadway is completed. If the Sonoma Oaks PUD is not approved, the County will return to the owner both the 6,000 sq. ft. of land and the $25,000.00 paid to construct the access lanes. If the 6,000 sq. ft. of land and the $25,000.00 are returned to the owner, the Collier Boulevard project will proceed as designed but without the construction of the left and right turn lanes into and out of their development. Richard and Frances Craig are the owners of the Parcels known as 131, 531, 731 and 931. AT&T has (fiber-optic) easements on the southern portion of the subject property that contain a lightguide regenerator telecommunications equipment building, and a fenced parking area attached to the east side of the building, which is located in part within the proposed right-of-way. The cost to relocate ,__ this building was estimated by the AT&T representatives to be 1.5 million dollars; therefore, it was in the County's best interest to negotiate a settlement that included keeping the building in its Agenda Item No. 16B7 September 13, 2005 Page 2 of 32 present location. In order to avoid relocating the building, a new parking area (Parcel 931) was created for AT&T on the west side of the building. The Craigs have agreed to grant a temporary access easement (Parcel 531) to AT&T's new parking area {Parcel 931) area now, and in the future to grant a perpetual, non-exclusive access easement to AT&T's new parking (Parcel 93 I) once they have constructed permanent access to AT&T's new parking area (Parcel 93 I) through their proposed development. The agreement that contains the specifics of this understanding between the County, AT&T and the property owners is being submitted for Board approval under a separate executive summary. Staff is currently waiting for AT&T to execute and return the document for Board approval. The County's real estate appraiser estimated the value of the land, improvements contained on Parcels 132, 732, 133A, 133B and 733 and cost-to-cure severance damages to the remaining real estate at $656,380.00 as of April 2005. The County's offer to purchase the subject property was $709,480.00. (The offer amount included an additional 2% per month from April 2005 to the projected acquisition date of September 1, 2005 due to the fact that various real estate appraisals obtained for right-of-way acquisition project throughout the Urban Area of Collier County have indicated that properties have been increasing about 2.0% per month). Staff has negotiated a settlement with the property owners for the purchase of the subject property in the amount of $756,066.52, plus payment for statutorily-mandated attorney's fees of$15,373.55 and appraisal fees and costs of $1,600.00. Considering the complex issues involved in this transaction, and the exposure to additional costs and fees in the event condemnation is necessary, this is a fair and mutually beneficial settlement agreement. .-. The County's real estate appraiser estimated the value of the land and improvements contained on Parcels 131, 731 and 931 (including cost-to-cure severance damages to the remaining real estate) at $148,600.00 as of April 2005. Parcel 531 was not appraised, because it was created after the appraisal was prepared, in order to provide temporary access to revised Parcel 931 (which was reduced in size, leaving a gap between the public right-of-way and the AT&T's parking area), until such point in time that permanent access could be provided to Parcel 931. Due to the brief period of time that Parcel 531 is expected to exist (before being replaced by the permanent access) it is being conveyed at no charge. The County's offer to purchase the subject property was $161,500.00: (The offer amount included an additional 2% per month from April 2005 to the projected acquisition date of September 1, 2005 due to the fact that various real estate appraisals obtained for right-of-way acquisition project throughout the Urban Area of Collier County have indicated that properties have been increasing about 2.0% per month). Staff has negotiated a settlement with the Craig's in the amount of $168,794.90, plus payment for statutory attorney's fees and costs of $2,407.32 and payment of appraisal fees and costs of $1,600.00. Again, considering the complex issues involved in this transaction and the cost of proceeding through condemnation, this is a fair and mutually beneficial settlement agreement. FISCAL IMPACT: Total expenses will not exceed $975,916.59 for all parcels, both permanent and temporary; and includes total payments to all property owners under the terms of both of the attached Purchase and Easement Agreements, all attorney and expert fees and costs as stipulated in both agreements, title insurance costs of $4,774.30, recording fees of $300.00 and $25,000.00 that may be returned to the owner if their PUD is not approved. Source of funds are impact fees and gasoline taxes. .- ,- Agenda Item No. 1687 September 13, 2005 Page 3 of 32 GROWTH MANAGEMENT IMPACT: As the Collier Boulevard six-Ianing project is a part of the Transportation Element of the County's Comprehensive Plan, this recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Purchase and Easement Agreement from Richard and Frances Craig for Collier Boulevard Project Parcel Nos. 131, 531, 731, 931, totaling $172,802.22 and authorize its Chairman to execute on behalf of the Board said Purchase and Easement Agreement in substantially the same form, under the same terms and conditions relative to the purchase price and the obligations of the parties thereto, and after the approval by the County Attorney; 2. Approve the Purchase and Easement Agreement from CDN Properties L.L.C. for Collier Boulevard Project 132, 732, 133A, 133B and 733, totaling $773.040.07 and authorize its Chairman to execute on behalf of the Board said Purchase and Easement Agreement in substantially the same form, under the same terms and conditions relative to the purchase price and the obligations of the parties thereto, and after the approval by the County Attorney; 3. Authorize separate payments to the Owners in those amount as shall be specified on the respective Closing Statements; 4. Accept delivery of Warranty Deeds, Easements and Temporary Construction Easements for the property as provided under the Purchase and Easement Agreements; 5. Authorize staff to close the real estate transaction, and to record said conveyance documents in the public records of Collier County, Florida; and 6. Authorize any and all budget amendments, which may be required to carry out the collective will of the Board. Prepared by: Debbie Armstrong, TECM - Right-of- W ay Attachments: (1) Exhibit A, Legal Descriptions; (2) Purchase & Easement Agreement, CDN Properties, LLC; (3) Purchase & Easement Agreement, Richard & Frances Craig . Item Number: Item SumnNIry: Meeting Dlrte: Agenda item No 1687 September 13, 2005 Page 4 01 32 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1687 Recomme-ndation 10 approve thE: purchase of Parcel Nos t 31, 531, 731, 931, 132, 732, , 33A, 1338 and 733 required for the com.1ruction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard 10 Immokalee Road. (Project No. 65061 CapItal lmprollcment Element No 37) Fiscallmpllct: $975,916.59 9113/20059:00:00 AM Dote Approved By Kevin Hendricks Transportation Services Right OfWalj AcquIsition Manager Tral'1$portation Enginl!enng and Construction 8/23/200512:26 PM Norm E. Feder, A1CP TransportatIon DIvision Administrator Dote ApprD'~led By Transportation Services Transportation Services Admm 812312005 1: 16 PM Gary Putaansuu Sonior proJl!lct Manngllr Dote Approved By Transportation Services Transportation Engineering and ConstructlOO 6/23/2005 1: 31 PM Approved B~' Jay Ahmad Transportation Services Director Date Transportation Engint"Cting & Construction Management fl/231200!i 1:40 PM Apllroved By Man"yemcntlBudget Analyst Date Lisa Tayler Tralll.portation SerVIce. TransportatIon AdmiMlstration 8i2312005 2:49 PM Sharon Newman Accounting Supervisor D,,!.t' AI)I)rOved B~' Trnl1sporfntion Services Transportation Administration 8/24/20059:10 AM Pirl Lchnhllrd Execlltivl:J Secretary Date Appro\'ed By Transportation SerVlCfJ6 Trarlllportation Services Admin 8/24,'2005 Q:48 AM Approved B)' OMS Coordinator County ManagN's Office Admirustrative Assistant Date Office of M:lIlagem~nt & Budget 8/24/200511 :04 AM SUS01n Usher Senior Managel'oentfBudget Analyst Date Apl)roved By County Manager's Offi.;e Office of Management & Budget 812612005 10:21 AM Michael Smykowski Managel1)('Jnt & Budget Director D:lIle AI)proved By County Manager's Office Office of Manl)gemen~ & BUdgct 8/2912005 4:36 PM Apl)rIlved B)' J:lmos V, Mudd Board of County Comllliasioners County Manager Date County Manager's Office 6/31/20054:14 PM ..; A enda Item No, 16B7 ~ ~~~~.1~~3~_ ptember 13, 2~05 o Ln l 100.09' Page 5 01\32 ~ :;: ~~"i'" P,Q,C. :- 0 _\ I ~ ~ P,Q,B. vi I I L169 z o ~ ~ ~ o RICHARD 0, AND FRANCIS A. CRAIG O,R, BOOK 2107, PAGE 1174 L174 L 173 L172 --------------------------------------------- L171 LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 4e South, Range 26 East, ond being a partian of those lands described in O.R, Book 2107, Page 1174, of the Official Records of Collier County, Florida, being mare particularly described as fallows: Commencing at the East 1/4 corner of Section 34, Township 46 South, Range 26 East; thence N.69'51'33"W, along the North line of the Southeast 1/4 of said Section 34. 0 distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Rood 951 (Collier Boulevard): thence S.02'1 6'01" E. along said right-of-way line, 0 distance of 1,004.15 feet to the POINT OF BEGINNING; thence continue S.02' 16'01" E. along soid line, a distance of 334.72 feet to its intersection with the South line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 34; thence N.69'49'11"W. along said South line, 0 distance of 64.06 feet; thence N.OZ'16'01"W.. 0 distance of 26.04 feet; thence N.6T43'S9" E., 0 distance of 15.31 feet; thence N.02'16'01"W., a distance of 17.32 feet; thence S.8T43'59"W., 0 distance of 15.31 feet; thence N.02'16'01"W.. a distance of 291.35 feet to its intersection with the North line of the South 1/2 of the South 1 /2 of the Northeast 1 / 4 of the Southeast 1/4 of said Section 34; thence S.89'49'41'E. along said North line, a distance of 64.06 feet to the POINT OF BEGINNING. Containing 21,156.48 square feet or 0.4857 acres, more or less. OAVI[/-' J(..'r\'j: ,,'i?:.:. '(FOR THE FIRM) FLORIDA' uQ;. 'ND, ~l>Yf 1" :1. "1 f.JA - ~ 7 -.', F-;; ~2' i;' -'--,(DATE SIGNED) {~, t... \-.. ',,~ NOT VAL(Q ,wmfoUl\'1HE SIGNATURE AND THE ORGINAL'R4:ISf':O', SEAL OF A FLORIDA L1CENSEO SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 1. REVISED PER COUNTY COMMENT 7-01-05 PROJECT NO.: 65061 PN!l:El. NO. ; 1 J 1 WilsfJn"'illel-'~--~ .. --~-,,.,,.,,,.,,.--~ WlI5onMIIltr, Inc. ,... FaUI,... _._ r.,. .llIIIMy......Ilaolll> __11_'__ "'DNIUlII --,- I.!o. 24. 2004 - 13:06:44 MLAMUREIX:\SUR\N6015\951 sdl OO.Owg LINE L169 L170 L 171 L172 L173 1174 NOTES: "'":' ~ ~ ~ ~ 0:: O'l o <:> ~. 0 fTl':';' ;;Ii VI 01 VI .". ~ ~ L170 LINE TABLE LENGTH 64.06 64.06 26.04 15.31 17.32 15.31 \-; o I a: I \ \ ..J <( Z <( U \ Ji 01 \ a:; u 5~~ BEARING S89'49'47'E 8 '49'1 1"W N02'1 G'01"W N87"43'59"E N02'16'01"W S87"43'59""" 1. This is not 0 survey. 2. Basis of beoring is the West line of County Rood 951 (C.R. 951) being S 02'16'01. E, Florido State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations and restrictions or record. 4, Easements shown hereon are per pial, unless otherwise noted. 5. ROW represents Right-of-Woy. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. e, O.R. represents Official Records, 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. EXtIBIT .A. PIII'...L- of..L N I 50 100..- GRAPHIC SCALE '.- o 2' I 11)0 COWER COUNTY DEPARTMENT OF TRANSPORTAnON SKD"CH & DESCRIPTION 09/200J I PROJECT f'fO.: N6015-005-000 FILE NO.: 2L-812 I I I h I ~ o Ii RICHARD D. AND tRANCIS A. CRAIG O.R. BOOK 2107. PAGE 1174 \ Sep\ember 13, 200~ Page 6 of 3 \ I I I hI o Ii \ I o o ..J <( Z <( (.) ...- '-" ... LO en ... LO en I 0; u 5~~ LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34. Township 48 South. Range 26 East, and being 0 portion of those londs described in O.R. Book 2107. Page 1174. of the Official Records of Collier County, Florida. being more particularly described os follows: Commencing the Southeast corner of the Northeast quo rter of the Southeast Quarter of said Section 34; Thence North 89'49' 11" West along south line of the northeast quarter of the southeast quarter of said Section 34 0 distance of 100.09 f.et to its intersection with the Westerly right-of-way line of County Rood 951 (Collier Boulevard) thence continue along aoid south line North 89'49'11" West 135.13 feet to the POINT OF BEGINNING: thence North 89'49'11" West.' 0 distance of 16.00 feet; thence North 00'10'49- East, 0 distance of 40.00 feet; thence North 3~00'50" East. 0 distance of 18.99 feet to its intersection with 0 line lying 55.00 feet North of os measured at right angles to the South line of the northeast quarter of the southeast quarter of said Section 34; thence South 89'49'11" East, along said line 0 distance of 30.03 feet; thence South 02" 16'01" East, 0 distance of 16.01 feet; thence North 89'49'11. West, 0 distance of 15.01 feet: thence South 41'17'45" West. 0 distance af 17.26 feet: thence South 00'10'49" West, a distance of 26.00 feet to the POINT or BEGINNING. LINE L 1 L2 L3 L4 L5 L6 L7 LB LINE TABLE LENGTH 16.00 40.00 18.99 30.03 16.01 15.01 17.26 26.00 extlBlT.A- page,.,L. 0i:3:: NOTES: 1. This is not 0 su rvey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) bein9 S 02'16'01" E, Florido State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. Containing 1,282.68 square feet or 0.0294 acres, more or less. Subject to eoUments and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represenls Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. THE FIRM) -,' ...::r NOT VALID WITHOUT T:J.IE SIGNATURE ANO THE ORGINAL RAlSED':stAL OF A FLORIDA LICENSED SURVEYOR ANOMAPPER. CERTIFICATE OF AUTHORIZATION LB 143 N .... o ~ ~ 100 GRAPHIC SCALE PllOo.1EC1 NO.: 65061 ~1oIlCEI. NO. : 531 Wil..Itii'-.~- -. ....... EaoiaPD ....,.... ~- ~""*** IWIoMfIIaI; Itlc. -- ,.,...- - .... _....,......__"1....__,..-., -__ I 200 COWER COUNTY D/rPARTMOO" OF TRANSPORTATION Sl<EJ'CH I: DE:sCRfPTlON 08/2005 Pt1tQJ(cr HO.: N601!i-005-000 Mar 24, 2004 - 1.):06:44 MLAMUREIX:\SUR\N60' 5\95,.d 1 OO.dwg I. SHEET NUW8ER; ::is 1 or xxx rILE NO" 2L -812 jF-- RICHARD D. AND FRANCIS A. CRAIG O.R. BOOK 2107, PAGE 1174 LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being 0 portion of those lands described in O.R. Book 2107, Page 1174, of the Official Records of COllier County, Florida, being more particularly described os fOllOws: Commencing at the East 1/4 corner of Section .34, Township 48 South, Range 26 East; thence N.89'51'33"W. along the North line of the South 1/4 of so;d Section .34, 0 distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Rood 951 (Collier Boulevard); thence S.02"16'Ol.E. along said right-of-way line, 0 distance of 1,004.15 feet to its intersection with the North line of South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section .34; thence N.89'49'4rW. along said North line, 0 distance of 64.06 feet to the POINT OF' BEGINNING; thence S.02"16'01"E., 0 distance of 279.66 feet to its intersection with 0 line lying 55.00 feet North of os measured at right angles to the South line of the northeast quarter of the southeast quarter of said Section .34: thence N.89'49'11.W., along said line 0 distance of 5.00 feet; thence N.02'16'Ol"W., 0 distance of 279.66 feet to its intersection with the North line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence S.89'49'4rE. along said North line, 0 distance of 5.00 feet to the F'OINT OF BEGINNING. Containing 1398.49 square feet or 0.0321 acres, more or less. ~.~ THE FIRM) .,. NOT VALID. )l/ITHO~T '1'HE SIGNATURE AND THE ORGINAL RAISED: SEAL OF A FLORIDA LICENSED SURVEYOR ANO' MAF'PER. CERTIFICATE OF AUTHORIZATION L8 /14.3 UPDATED PER DESIGN CHANGE 08/02/05 REVISED PER COUNTY COMMENTS 03/07/05 REVISED PER COUNTY COMMENTS 03/04/05 PROJECT NO., 6506 ! PNlCn. NO. : 7 J ! WiI"lIer-'~'OOW~ - ~ ~ &nojotn,~- -~ W1/rCtlMfI1er, Inc. _F<rI/bOII.___ JlWMr....SllltIl>>__JlII64/iIJT.__ f...DHIU11f ___.... IoIor 24, 2004 - 13:08:44 MlAMUREtX:\SUll\N1lO15\lIS1odl00.dW9 ;.u . ~..:~~'.9.1~3_~_ em~~~~ 37 ;7~~\ o lC) l 100.09' ~ ~ ~-r. P.O.C. NO I O~ <Ii I \ , n \ o \ ci I I ~ I z < u r ~ r -..J ~ -l'- -...I N \ ,...., ~ o a:: " o .~ - - Lfl Ol .... 10 en L173 I ~ U ~~ LINE L171 Ll72 L173 L174 L175 LINE TABLE LENGTH 64.06 279.66 5.00 279.66 5.00 BEARING N89'4Q'4rW SD2"16'01"E N89'4 "1"W N02" 1 '01'W 589' 49' 47' E NOTES: , . This is not a survey. 2. 8asis of bearing is the West line of County Rood g51 (C.R. 951) being 5 02" 1 6'01" E, Florida State F'lone Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations cnd restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. F'.0.8. represents Point of Beginning. 7. P.O.C. represents F'oint of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. , O. U.E. represents Utility Easement. EXHIBIT -8- PIIOe-3- oI-L N ~ o 2"0 100 GRAPHIC SCALE 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH 4c DESCRIPTION 0.1/2005 "ftOJECI HO.: N60/5-005-000 fiLE NO.: 2L-812 RICHARD D. AND FRANCIS A. CRAIG O.R. BOOK 2107, PAGE 1174 LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O. R. Book 2107, Page 1174, of the Official Records of Collier County, Florida, being more particularly described os follows: Commencing the Southeast corner of the Northeast quarter of the Southeast Quort.r of said Section 34 Thence North 89"49'11. West along south line of the northeost quarter of the southeast quarter of said Section 34 a distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Colli.r Boulevard) thence continue along said south line North 89"49'11. West 64.06 feet; Thence North 02' 16'0 1. West, a distance of 25.02 feet to the POINT OF BEGINNING; thence North 89"49'11. West, a distance of 5.00 feet: thence South 02' 16'0 1. East, 0 distance of 20,02 feet: thence North 89"49'11. West, a distance of 38.04 feet; thence North 02" 16'0 1. West, a distance of 50.05 feet to its intersection with a line lying 55.00 feet North of as measured at right angles to the South line of the northeast quarter of the southeast quarter of said Section 34; thence South 89"49'11. East, along said line a distance of 43.04 feet: thence South 02'16'01. East, a distance of 30.03 feet to the POINT OF BEGINNING. Containing 2,051.87 sCjuore feet or 0.0471 acres, more or less.,.,. ' Subject'to eas m'e DAV.iD;J. HY , .M.. (FOR THE FIRIA) FLoRI~. , ;NO. ":l8~4 .....v' .*'H,_;':' ,.:: NOT vAdOl ~lHOut THE SIGNATURE AND THE ORGINAl' RAlSEOSEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF' AUTHORIZATION LB *43 UPDATED UPDATED UPDATED UPDATED PER COUNTY COMMENTS 08/04/05 PER DESIGN CHANCES 08/02/05 PER COUNTY COMMENTS 03/07/05 PARCEL NUMBER 01/05 6!SO'51 -~ NO. I 931 ~IID.: wn"'ler-'~--. _ ~ E<1doiII* SIMl<n'~- ---.,CrM*D WBan'tIIIr. Inc. ... ""....- - -- ___... ...._Jl_.__ ....-. --- lola, 24. 200' - 13:06:'4 MlAMUREI':\SUR\N601~\9~lo<lloo,aW9 N September 13, 2005 \ Page 8 of 31 I \ \ h h \ o I "":' I ci I 3: \ ~ \! \ ... If) C7l r- (Jl I a:; U ~~ L r- r- I t.H ,::,. 84 n~'_ 1..4 N89'49'11"W 100.011' 164.15' \ ~. LINE TABLE LINE LENGTH L 1 25.02 L2 5.00 L3 20.02 L4 38.04 L5 50.0~ L5 43.04 L7 30.03 NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 9~1 (C,R. 951) being S 02'16'01. E, Florida State Plane Coordinates NAD 83/90, East Zone. .3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 5. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. a. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. EXHlBlTA ....L Gf-S- 10 'OIl GRAPHIC SCAlE I 200 ~- D 25 COWER COUNTY DEPAR'IlfENT OF TRANSPORTlinON SKETCH " DESCRIP710N 0./200.1 I'IlQl(CT NO.' N60/5-oo5-oo0 nu: NO.: 2L-812 -L2 14 --\ '\~ hI 3:: I q I \ i \ I Ol ;;; I ~ I ; \ U ~ I I '"' :i o Ii CDN PROPERTIES O.R. BOOK 3004, PAGE .0 o 660 ~~ PARCEL 132 N ~ L217 LEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southealt 1 /4 of Section 34, Township 48 South, Ranlle 26 East. and belnll 0 portIon of those land. described In O.R. Book 3004. palle 660. of the Official Records of Callier County, Florida, being more particularly described as follows: Commencing at the East 1/4 corner of Section 34, Township 48 South, Range 26 East: thence N.89'51'33"W. along the North line of the Southeast 1 /4 of Section 34. a distance of 100.09 feet to its Intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence S.02'16'01.E. along said ri9ht-of-way line. a distance of '669.43 feet to the POINT OF BEGINNING; thence continue S.02'16'01.E. alon9 said line. a distance of 334.72 feet to its intersection 'with the South line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.89'49'47"W. along sold South line, 0 dIstance of 60.05 feet: thence N.02' 16'01 "W., 0 distance of 334.71 fset to ite intersection with the North line of the' North 1/2 of the South 1/2 of the Northeo!lt. 1/4 of the Southeast 1/4 of Section 34: thence S.89'50'22.E. olon'll soid North line, a distance of 60.05 feet to the POINT OF BEGINNING. Containin9 20,081.46 square feet or 0.4610 acrn, more or less. LINE L214 L215 L216 L217 L218 L219 LINE TABLE LENGTH 100.09 669.43 334.72 60.05 334,71 60.05 NOTES: Agenda Item No. 16B7 :::> Page 9 of,32 .- Lt1 C7l I \ BEARING N '1'33.W 502'1 6'01 .E 502" 16'01.E N 9'49'47"W N02'16'01"W 589'50'22.( 1 . This is not a survey. 2. Basis of bearing ia the West line of County Road 951 (C.R. 951) being S 02'16'01. E, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. . 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. Q.R. reprllSents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U .E. represents Utility Easement. EXHIBIT -1L P..Lof-S- q - /lq -.1JJ - (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 643 ..- o 2.5 50 100 GRAPHIC SCALE PRO.ItcT NO.. 85081 PMCU NO. , 1 :32 WiI.Miller-'~-- _._. EoolII(IIlII.....,." ......--- ,~~ 1\IocIrlYIor, tlC. ...,..... ....:.=:-n:..~..=..' _ _ 09/200:] Sep 24. 2003 - 14,'7:05 N\.AMURElX:\SUR\N1lO1~15'od'OO.clwg N 200 COWER COUNTY DEPARTMENT OF TRANSPORTATION. SKETCH & DESCRIPTION "I'lQJCCT NO.: N601S-DOS-000 nLE WO.: 2L-812 .0 I S! ;0 - 0'1 I.... I . I \ ~\ LJ I '----I \ I I --~~~;'~~~:~~-::~~/2 -------------L22.----\ of the Northegst 1/4 of the Southeaat 1/4 of Section 34, Township 48 South, Rangs 26 Eaet, and being a portion of those lands deecrlbed In O.R. Book 3004, page 660, of the Official Records of Collier County, Florida, being mo,.. particularly described as follows: j::; N ... L220 .----------------------------------------- L2 6 L222 P.O.B.~ \ ,.... 3i ci Ii CDN PROPERTIES O.R. BOOK 3004, PAGE 660 ~j::; N N U1 VI Commencing at the East 1/4 corner of Section 34, Township 48 South, Range 26 East; thence N.B9'S1'33"W. along the North line of the Southeast 1/4 of Sectlon 34, a distance of 100.09 feet to Its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevar9): thence S.02'16'01"E. along said right-of-way line, a distance of 669.43 feet to Its interaectlon with the North lins of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.89'SO'22"W. along said North line, a distance of 60.05 feet to the POINT OF BEGINNING; thence S.02'16'01"E., 0 distance of 334.71 feet to its Interaectlan with the South line of the North 1/2 of the South 1/2 of the Northeaat 1/4 of the Southeaat 1/4 of Section 34; thence N.89'49'47"W. along soid South line, a distance of 5.00 feet; thence N.02'1S'01"W.. 0 distance of 334.71 feet to its intersection with the North line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeaat 1/4 of Section 34; thence S.89'SO'Z2"E. along said North line, 0 distance of 5.00 feet to the POINT OF BEGINNING. Containing 1,672.04 square feet or 0.0384 acres, more or less. LINE L220 L221 L222 L223 L224 L22S L226 LINE TABLE LENGTH 100.09 669.43 SO.05 334.71 5.00 334.71 5.00 NOTES: A end a Item No. 16B7 Page 10 of 32 \ 1 h\ 3: I ~ I \ i \ \ \ 1 , This Is not a survey. 2. Baala of bearing is the West line of County Road 951 (C.R. 951) being S 02'1S'01" E, Florida State Plane Coordinates NAD S3/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Eaeements shown hereon are per plat. unless otherwin noted. 5. ROW reprlllents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O,R. repreeents Official Records. 9. LB.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. EXHIBIT ..A.. Page-1Lof~ '1 - ~C( ~:~O:;': jDATE SIGNED) NOT VALlO Wi'tHOUT THE SIGNATURE AND THE ORGINAL RAISED SI;ALOf' A F'LORIDA UCENSED SURVEYOR AND M~PER. CERTIFICATE OF' AUTHORIZATION LB *43 '..- o Z5 10 100 GRAPHIC SCALE """"a:T NO.' 65061 _eEl. NO. I 7J2 WiI"If;llel.'~- _.-..-,....... .---.~- .~- ~m ...,'-.... ...:.r.r.,.;.-=-=.=:..,.. _ _ 09/200:1 Sop 15, 1~ - lll:03:lll MWlUIIElX:\SUR\NBQ1II\Ulod'oo.dwV 3M I 200 COWER COUNTY DEPARTMENT OF TRANSPORTATION SKE:TCH & DESCRIPTION fl'1I:()"IQ;T NO.: N6015-00!.!-OOO riLE NO.: 2L-812 :R: L: OF THE SOUTHEAST , /4 -.! CDN PROPERTIES O.R. BOOK 3004, PAGE 660 LEGAL DESCRIPTION A portion of the North 1/2 of the Northeast , /4 of the Southeast , /4 of Section 34, Township 48 South, Range 26 East, and being o portion of those lands described In O.R. Book 3004, page 660, of the Official Records of Collier County, Florida, being more particularly described as follows: Commencing at the East 1/4 Corner of Section 34, Townehlp 48 South, Range 26 Eaet; thence N.811'S1 '3J"W. along the North line of the Southeast 1 /4 of Section 34, a distance of 100.09 feet to Ite intereection with the Westerly right-Of-way line of County Road 951 (Collier Boulevard) and the POINT OF BEGINNING; thence S.02'16'01"E. along Bald Westerly line, a distance of 669.43 feet to its intersection with the South line of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.8Q'50'2.2."W. along said South line, a distance of 60.05 feet; thence N.02' 1 6'01"W., a distance of 669.41 feet to It intereection with the North line of the Southeast 1/4 of Section 34; thence S.89"S1 '33"E. along said North line, 0 distance of 60.05 feet to the POINT OF BEGINNING. Containing 40,162.62 squars feet or 0.9220 acres, more or le88. iJcu~ DAVID J. H ".?~ ,.1.1. (FOR THE FIRM) FLORIr:lA LI :" NO,. 56}4 '1. -iiJf~:or~ ""':(DATE SIGNED) ~...- . ,.,~ ,,- NOT VALID WITHOU{~T.AE SIGNATURE AND THE ORGINAL RAISED. S6:AL OF, A FLORIDA LICENSED SURVEYOR ANOWlPPER. CERTIFICATE OF AUTHORIZATION L8 #43 PltOoI'CCl' HI)" PJ.Rctl NO. : 65061 L229 NOTES: I I n n::: ~ ~ \ ~ ;n ci ~y \ I l b o \ .... ....., -\ -\ \ \ 1. This Is not 0 survey. 2. Basis of bearing Is the West line of County Road 951 (C.R. 951) being S 02'16'0'" E, Florida State Plane Coordinates NAD 63/90. East Zone. 3. Subject to easements, reservations and reetrlctions or record. 4. Easements shown hereon are per plat, unle88 otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represente PoInt of Commencement. 6. O.R. represents Official Records. 9. LB.E. repreeente Landscape Buffer Eosement. 10. U.E. represents Utility Easement. LINE L227 L228 L229 L230 L231 LINE TABLE LENGTH 100.09 669.43 60.051 669.41 60.05 ~ o Z5 00 tOO GRAPHIC SCALE COLLIER COUNTY DEPARTMENT Of TRANSPORTATION EXHIBIT ..A. Page-2- of...:!... 133A WiI"Miller-'~~- _.w....I!aoIIIlIllo.~.~_.~~ W/IoonUIlIr, t1c a_loR.... .....=-=r.",;...:.=;=.w. -- \ s." 211. 2003 - 111103:01I IIL-'*lUIIE\X,\SUR\NeOls\valod100.dwv N I 200 09/200.J PROJeCT HO.: N6015-005-DDO SKETCH de D~SCRIPTlON FIll: t/O.: 2L -812 NOTES: ,. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being S 02' 16'01" E. Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscope Buffer Easement. 10. U.E. represents Utility Easement. LEGAL DESCRIPTION A portion of the North 1/2 of the Northeost 1/4 of the Sautheost 1/4 of Section 34, Township 48 South, Range 26 East. and being 0 portion of those lands described in O.R. Book 3004, page 660, of the Officiol Records of Collier County, Florida. being more particularly described os follows: Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N.89'51 '33"W. along the North line of the Southeast 1/4 of Section 34, 0 distance of 160.14 feet to the POINT OF BEGINNING: thence N.89'51'33"W. along said North line, 0 distance of 540.48 feet; thence S.02'16'01"E.. 0 distance of 80.07 feet to its intersection with 0 line lying 80.00 feet Southerly of when meosured ot right ongles to the North line of the Southeost 1/4 of Section 34; thence S.89'51'33"E. olong said line, 0 distonce of 540.48 feet to its intersection with 0 line lying 160.00 feet Westerly of when measured at right angles to the East line of the Southeast 1/4 of Section 34; thence N.02' 1 6'0 l"W. olong soid line, 0 distonce of 80.07 feet to the POINT OF SEGINNING. Containing 43238.25 squore feet or 0.9926 acres, more or less. .3-q-05' (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT '0., 65061 PNlCtL NO. , I JJ8 Wi,.,."erw,,-- -- e..- ~ ~......--- Tnnpa1IIlI<rl~ W"-'MII<<. /ne. _ ""..,..,-- ""'" JlIXI_""""'ll>> __..,_.__ ~1IN4UIf' ___.... Nor 24, 2004 - '3:011,44 1IlAINREIX:\SUfI\NIOI5\DSlocl'OO._ A enda Item No. 1687 Page .12 of 32 CON PROPERTIES O.R. SOOK 3004, PAGE 660 c ~ 951 (100' R.O.W.) L C.R. 95' LINE Ll L2 L3 L4 L5 LINE TABLE LENGTH 160.14 540.48 80.07 540,48 80.07 EXHIBIT ~ page-K- of3:: OJ/200!J -' CANAL-R,:.W,J BEARING N89'51'33"W N89'51 ''J'J"w S02'16'01"E SB9'51'33"E N02'16'O'"W M-}-- '.- I I o ~ ~ 100 2:00 GRAPHIC SCAlE COLtl~R COUNTY D~PARTM~NT OF' TRANSPORTATION SKITCH & D~SCR/PTION P'ROJECT NO" N60/5-oo5-OOO mE NO.. 2L-812 NORTH LINE OF THE SOUTHEAST 1/4 J r N l.. \ I POll CDN PROPERTIES O.R. BOOK 3004, PAGE 660 ~ ~--- r- r (Jl Vl LEGAL DESCRIPTION A portion of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South. Range 26 East, and being o portion of those lands described in O. R. I Book 3004. page 660, of the Official Records of Collier County, Florida, being more particularly described as follows: .------------------------------------------------ ----- Commencing at the East 1/4 Corner of L4 Section 34, Township 48 South, Range 26 NOTES: East: thence N.89'51' 33" W. along the North line of the Southeast 1/4 of Section 34, 0 distance of 160.14 feet: Thence 5.02" 16'0'" E.. o distance of 80.07 feet to the POINT OF BEGINNING; thence S.02' 1 6'01. E.. 0 distance of 589.34 feet to its intersection with the South line of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.89'50'22"W. along said South line, 0 distonce of 5.00 feet; thence N.02'16'01"W.. 0 distonce of 589.34 feet to its intersection with 0 line lying 80.00 feet southerly of when measured at right angles to the North line of the Southeast 1/4 of Section 34; thence S.89'51 '.33"E. along said line, 0 distance of 5.00 feet to the POINT OF BEGINNING. Containing 2946.65 square feet or 0.0676 acres, more or less. Ll \ \ .., ptember 13, 2105 Page 13 of 32 ~ - ~ o li o o .... ....... I I n a::: I ...J I ~ \ LO 01 LO 0: ;~ L1 \ \ 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being S 02"16'0'" E, Florida State Plane Coordinates NAD 83/90, Eost Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. 6. 7. 8. 9. 10. ROW represents Right-of-Way. P.O.B. represents Point of Beginning, P.O.C. represents Point of Commencement. O.R. represents Official Records. L.B.E. represents Landscape Buffer Easement. U.E. represents Utility Easement. ',.- o 2~ 50 100 GRAPHIC SCAL.E COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION LINE TABLE LINE LENGTH BEARING L1 160.14 N89'51'.33"w L2 80.07 S02"16'01"E I L3 589..34 502'16'01" E L4 5.00 N89'50'22"w L5 589.34 NOZ 1 6'O'"W L6 5.00 S89'51'33"E (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB /14.3 REVISED PER COUNTY COMMENTS 03/09/05 PROJECt '0.' 6506 , PARCEL 1<0. , 7 JJ Wil""'r.'~- -. t.- E~ s...w,m......,--- ~~ WJIroMf/IIeI. fnc. _f<rt......___ ...,t.lt..... ...,...",fGS.IID1.,.....",.. ..1JNfU1. ....... ............... ...., 24, 2004 - 1.1:00:44 ~\SUR\NeO,~\!I~'..,,00_ EXHIBIT ..A.. page.-L of...:L N 200 SKETCH 4c DESCRIPTION 09/20003 I PROJECT NO, N60IS-00S-ooo f:Lf NO: 2L -812 Agenda Item No. 1687 September 13, 2005 Page 14 of 32 PROJECT: 65061 PARCEL No(s): 132,732, 133A, 133B, 733 PURCHASE & EASEMENT AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this _ day of , 2005, by and between CON PROPERTIES, L.L.C., a Florida limited liability company, whose mailing address is 711 5th Avenue South., Suite 209, Naples, FL 34102-6628 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser has requested that Owner convey to Purchaser a fee simple interest for Right-of-Way required for the expansion of Collier Boulevard (Parcels 132, 133A and 133B), and two Temporary Construction Easements (Parcels 732 and 733), (hereinafter collectively referred to as "Property") over, under, upon and across the lands described in Exhibit "A" (attached hereto and made a part of this Agreement); and WHEREAS, Owner desires to convey said Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; and WHEREAS, both Owner and Purchaser acknowledge that a portion of Parcel 133B (6,000 square feet) is necessary solely for the construction by Purchaser of turn lanes on Wolfe Road which primarily benefit Owner's remaining lands, namely the west-bound-to- southbound left turn lane and the east-bound-to-southbound right turn lane, which provides access to Owner's remaining lands at approximately Station 496, according to the Collier Boulevard Phase IV Bid Plans, dated July 2005 (hereinafter referred to as "Access Improvements"); and WHEREAS, Owner desires that Purchaser construct said Access Improvements; and WHEREAS, Owner and Purchaser have agreed that no compensation shall be due or payable to Owner by Purchaser for the conveyance of that certain 6,000 square foot portion of right-of-way Parcel 133B from Owner to Purchaser; and WHEREAS, Owner has agreed that the cost of the above-referenced Access Improvements is $25,000 and that said amount shall be deducted from Purchaser's compensation to Owner for the conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of $756,066.52 subject to the apportionment and distribution of proceeds pursuant to paragraph 11 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed. including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all other expert witness fees and costs, as provided for in Chapter 73, Florida Statutes, not addressed in this agreement. Said payment has been calculated at the agreed upon unit price for the land and the easements, Purchase Agreement Agenda Item No, 16B7 September 13, 2005 Page 15 of 32 Page 2 from which deductions have been made to account for the 6,000 square feet of land being donated to Purchaser for the construction of Access Improvements and the $25,000.00 cost of the construction of said Access Improvements, both of which are primarily for the benefit of Owner. Payment in the amount of $15,373.55 shall be made by Purchaser to Owner's attorney, Kenneth Jones. Esq., c/o Roetzel & Andress, 2320 First Street, Fort Myers, FL 33901-3419. Payment in the amount of $1,600.00 shall be paid by Purchaser to Owner's appraiser, Allied Appraisers & Consultants, Inc., 1642 Medical Lane, Fort Myers, FL 33907-1192. IN THE EVENT that the BCC does NOT approve the PUD with the commercial zoning along the project's Collier Boulevard frontage, AND the connector road from Wolfe Road through Sonoma Oaks to Mission Hills Shopping Center, then: (a) Collier County (Purchaser) shall revise its construction plans relative to Wolfe Road so as to delete the right and left tum lanes (the "Access Improvements.) whose sole purpose was to provide access to the Wolfe Road-ta-Mission Hills connector road through Sonoma Oaks; and (b) within 30 days of receipt of written request from Owner, Collier County (Purchaser) shall quitclaim to Owner all right and title to the south 12 feet by 500 feet of Parcel No. 133B; and (c) within 30 days of receipt of written request from Owner, Collier County (Purchaser) shall refund to Owner $25,000 of the purchase price to account for deductions made for the County's cost of said Access Improvements no longer being constructed by Collier County (Purchaser). 3. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications except for restrictions, reservations, easements of record and outstanding oil, gas and mineral interests of record, if any. Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Prior to the Closing, Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents.): (a) Warranty Deeds for Parcels 132, 133A and 133B; (b) Temporary Construction Easements for Parcel 732 and 733; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and GAP Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Prior to Closing, Owner shall obtain from the holders of any liens encumbering the Property, and all current lessees, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. For easements of record, Purchaser shall either take title subject to such easements or obtain appropriate releases prior to Closing. 5. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement Purchase Agreement Agenda Item No. 1687 September 13, 2005 Page 16 of 32 Page 3 pending receipt of such instruments, properly executed, which either remove or release any and all such liens. encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 6. Purchaser shall be entitled to full possession of the Property at Closing. 7. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida at the Board meeting on September 13, 2005. If this Agreement is not ratified and approved by the Board on or before September 13, 2005, all obligations under this Agreement shall terminate and be null and void. 8. Owner and Purchaser represent and warrant the following: (a) Owner and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. (b) Owner has full right, power and authority to own and operate the Property and to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. (c) Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (d) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (e) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. (f) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. (g) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (h) Owner acknowledges and agrees that Purchaser is entering into this Agreement based upon Owner's representations stated above and on the understanding that Owner will not cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which Purchase Agreement Agenda Item No. 16B7 September 13, 2005 Page 17 of 32 Page 4 would change the physical condition of the Property or the govemmental ordinances or laws goveming same. 9. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 10. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attomey fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 9. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 11. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed and easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. It is mutually understood that the Property is being acquired under the threat of condemnation. 12. All ad valorem real estate taxes due on the Property during Owner's term of possession, and all maintenance charges and assessments due from Owner, for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. Ad valorem taxes next due and payable after closing on the Property, shall be prorated at Closing based upon the current year's tax applicable to the Property, with due allowance made for maximum allowable discount, homestead and any other applicable exemptions, and paid by Owner. If Closing occurs at a date when the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. Owner shall pay 2005 ad valorem taxes during the period of their ownership, as calculated upon the per diem amount supplied by the Collier County Property Appraiser and Tax Collector. 13. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 14. If the Owner holds the Property in the form of a partnership. limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes. under oath, of the name and address of every person having a Purchase Agreement Agenda Item No. 16B7 September 13,2005 Page 18 of 32 Page 5 beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser. its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 15. Conveyance of the Property by Owner is contingent upon no other provisions. conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings. promises. warranties. or covenants not contained herein. No modification or amendment of this Agreement shall be of any force of effect unless made in writing and executed and dated by both Owner and Purchaser Time is of the essence of this Agreement 16. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement. and the remaining provisions of this Agreement shall continue in full force and effect and not be affected by such invalidity. 17. This Agreement is govemed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of , 2005. Property acquisition approved by BCC pursuant to Resolution No. 2003-372. dated 10/28/03, Item 16B5. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: Fred W. Coyle, Chainnan AS TO OWNER: CON PROPERTIES, L.L.C., a Florida limited liability company DATED: 6 \ \l \OS =J::L t r/ P (0irrlpoC/S, Witness (Signature) ~el C6J'rd.enas Nam~Qt or Type) /(~.//~ I' //1 I (/ (/ ! ~itnEiss (Signature} /"> \ \ / ( \1'\ C"r VL--\ Name (Print or Type By: ~ ~= Title: ~ ~ Approved as to fam and legal sufficiency: {fL 12 CI~/ ""1::lIen . Chadwell Assistant County Attorney -L214-L II ~. \ ~ I q I \ i \ ~------------------------------------------- ~ ~ o 0:: CDN PROPERTIES O.R. BOOK 3004, PAGE '0 o 660 (~tJ j 132 L217 LEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being 0 portion of those lands described in O.R. Book 3004, page 660, of the Official Records of Collier County, Florida, being more particularly described os follows: Commencing at the East 1/4 comer of Section 34, Township 48 South, Range 26 East; thence N.89'Sl'33"W. along the North line of the Southeast 1/4 of Section 34, a distance of 1 00.09 feet to its intersection with the Westerly right-of-way line of County Rood 951 (Collier Boulevard); thence S.02'16'01"E. along said right-of-way line, a distance of 669.43 feet to the POINT OF BEGINNING: . thence continue S.02'1 6'01 DE. along said line, o distance of 334.72 feet to its intersection with the South line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.B9'49'47"W. olong sold South line, 0 distance of 60.05 feet; thence N.02'16'01 "W.. 0 dletance of 334.71 feet to its intersection with the North line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence S.89'50'22"E. along said North line, a distance of 60.05 feet to the POINT OF BEGINNING. Containing 20,081.46 square feet or 0.4610 acres, more or less. LINE L214 L215 L216 L217 L21a L219 LINE TABLE LENGTH 100.09 669.43 334.72 60.05 334.71 60.05 NOTES: Agenda Item No. 1687 Page 19 of,32 ,... ...., ,... U1 en I ~ \ U ~ I \ \ BEARING NB9'51'33DW S02'16'01"E S02'16'01 DE NB9'49'47"W NOZ',6'0,"W S89'50'22"E 1. This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02"6'01" E. Florida State Plane Coordinat" NAD B3/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P .O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. EXHIBIT ....8.. Pege......L of~ q - /Jq ..()} - (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION La {/43 I _ - o 2.S:SO 100 GRAPHIC SCALE P[lU)JtcT 1iO.; 65061 'NlCEL NC. , 132 WiI.Miller-'~W- - '.....' EooiIpIlr,....,.., ~- . ~ ""-- ~hc>. .....IlII....._. _.~ _..teo.....___.__."'_.__ Sep 24, 2003 - '4"7:05 IoIlNot1lRE1X:\SUII\NIlO1~\g!l1ocl100.dw!j N I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &: DESCRIPTION 09/200:5 I PROJCC'T NO.: N6015-005-000 I SHEET "'UMBER: lJ2 OF XXX FlU HO.: 2L-872 I .... 1 ' I \ ~\U I '---i \ I I --~~~;;;~~~~:~~~~"~~--------------L224----j of the Northeoet 1/4 of the Southeolt 1/4 of LINE TABLE Section 34, Township 48 South, Range 26 East, and belno 0 portion of those lands LINE LENGTH described In O.R. Book 3004, page 660, of the Official Records of Collier County, Florida, L220 100.09 being more particularly described os follows: L221 669.43 L222 60.05 L223 334.71 L224 5.00 L225 334.71 L226 5.00 r N N .... L220 12 --------------------------------------------- \ - 3i q 0::: "0 o CON PROPERTIES O.R. BOOK 3004, PAGE 660 ~ ~ N N U1 U .... '-' Commencing at the East 1/4 corner of Section 34, Township 48 South, Range 26 East; thence N.B9'51'33"W. along the North line of the Southeast 1/4 of Section 34, 0 distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Rood 951 (Collier Boulevor~); thence S.02'16'Ol"E. along said right-of-way line, a distance of 669.43 feet to ite intersection with the North line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.89'50'22"W. along laid North line, 0 distance of 60.05 feet to the POINT OF BEGINNING: thence S.02'16'01"E., 0 distance of 334.71 feet to Its interaectlon with the South line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.B9'49'47"W. along said South line, 0 distance of 5.00 feet; thence N.02'16'01 "W., 0 distance of 334.71 feet to its intersection with the North iine of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence S.89'50'22"E. along said North line, 0 distance of 5.00 feet to the POINT OF BEGINNING. Containing 1,672.04 square feet or 0.0384 oc res, more or lesa. NOTES: 1. This is not 0 survey. Agenda Item No. 16B7 Page 20 at 32 I I hI ~ I ~ I \ i \ .... LO O'l \ 2. BOllls of bearing is the West line of County Rood 951 (C.R. 951) being S 02'16'01" E, Florida State Plane Coordinates NAn 83(90. East Zone. 3. Subject to easemente, reservations and restrictions or record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of aeginning. 7. P.O.C, represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utflity Easement. EXHIBIT .1L ,..2- of..s:.. '1 ~ dl-q -~o 3 JDATE SIGNED) NOT VAUD WITHOUT. THE SIGNATURE AND THE ORGINAL RAISED S~ OF A FLORIDA LICENSED SURVEYOR AND M.4fPER. CERTIF1CATE OF' AUTHORIZATION LB (J43 ~ 02.:1'0 lOO GR.\PHIC SCALE """""" NO.. 55051 PNICD. NO. : 7J2 WiI.Millel.'~W- _........-..... .-.-,...........- .~- 1t1IonWIIr, tic _....._ ...=M:'.r.-_-:'.H.~.:::",. _ _ 09/200:1 s.p 2e, 2003 - 111:03:011 lIlAMURElX:\5UR\H80111\lllllldlOO.dwl/ N I 200 COLUER COUNTY DEPARTMENT OF TRANSPORTATION SKE:TCH de D~CRIPnON pROJCCT NO.: N601!5-00!5-000 flU NO.: 2L -812 .--------------------------------------------- Commencing at the East 1/4 Corner of Section 34. Townllhlp 48 South. Range 26 East; thence N.69'51'33"W. along the North line of the Southeast 1/4 of Ssction 34, 0 distance of , 00.09 feet to Ite inteructlon with the Westerly rl'ilht-of-woy line of County Road 951 (Collier Boulevard) and the POINT OF BEGINNING; thence 5.02'16'01"E. along sold Westerly line, a distance of 669.43 teet to Its Intersection with the South line of the North 1/2 at the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.B9'50'22"W. along said South line, a distance of 60.05 feet; thence N.02'16'01"W., 0 distance of 669.41 feet to it intersection with the North line of the Southeast 1/4 of Sectlon 34; thence S.89'51'33"E. along said North line. 0 distance of 60.05 feet to the POINT OF' BEGINNING. Containing 40,162.62 square feet or 0.9220 acres, more or less. :R: L: Of THE SOUTHEAST 1/4 J CON PROPERTIES O,R, BOOK 3004. PAGE 660 LEGAL DESCRIPTION A portion of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South. Range 26 East, and being o portion of those lands described In O.R. Book 3004, page 660, of the Official Record, of Collier County, Florida, being more particularly described os follows: f)~ ~ DAVID J. H.~,p.;.M;.'(fOR THE FIRM) FLoRIGA JI ~'. NO.; 5~}4 '1 -iiJ1.fu01",:,' -'(DATE SIGNED) "'-.,"!' ,~~ -Y NOT VALID WITHouf :r-HE SIGNATURE AND THE ORGINAL RAISED5G:AL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB /i43 ~ ~' r r-.J U o NOTES: ,. This Ie not a survey. Aqenda Item No. 16B7 ~pemDer ::> Page 1 of 32 1227 P.O.B. P I I n \ 0:: \ ;J, I I ~ l '0 \ \ 0 .... -- LI'l '-' 01 .... ci 10 en cJ I l 0:: ~ cJ \ ~ \ .\ I I \ 2. Basis of bearing Is the Wllllt line of County Road 951 (C.R. 951) being S 02'16'01" E, Florida State Plane Caordlnates NAD 83/90, Eallt Zone. 3. Subject to eaeementll, reservations and relltrictions or record. 4. Easements shown hereon ore per plat. unless otherwise noted. 5. ROW represents Right-at-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.L represents Utility Easement. LINE L227 L228 L229 L230 L231 LINE TABLE LENGTH 100.09 669.43 60.05 669.41 60.05 + 3M EXI-IBIT A P..-3-~ PIlOJECT N:l. 65061 PNIOO. NO. , 1 JJ A WiI"Miller-'~UN- -.Iltt-. '....... '-..-. .~- ,~~ ~,tICl __~.... '...=_/lll.r~.........:'::=-. _ _ OQ/200J Sop 211, 2DOJ - 111:03:01 IIlJolo1Uf\E1X:\SUR\NIIOI11\ISlod100.awv .... Cl za tlO 100 GRAPHIC SCALE I 200 COLLIER COUN7Y DEPARTMENT OF TRANSPORT AnON I PROJI:CT t.iO~ N6D1S-D05-000 SKETCH & DEsc~pnON fll.L NO.' 2L-812 NOTES: ,. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R, 951) being S 02' 16'01" E, Florida State Plane Coordinates NAO 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. CON PROPERTIES O.R. BOOK 3004, PAGE 660 LEGAL DESCRIPTION A portion of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being 0 portion of those lands described in O.R. Book 3004, page 660, of the Official Records of Collier County, Florida, being more particularly described os follows: Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N.89'51'33"W. along the North line of the Southeast 1/4 of Section 34, a Qistonce of 160.14 feet to the POINT OF BEGINNING; thence N.89'51'33"W. along said North line, a distance of 540.48 feet; thence 5.02', 6'01" E.. 0 distance of 80.07 feet to its intersection with 0 line lying 80.00 feet Southerly of when measured at right angles to the North line of the Southeast 1/4 of Section 34; thence S.89'51',33"E. along soid line, 0 distance of 540.48 feet to its intersection with a line lying 160.00 feet Westerly of when measured at right ongles to the East line of the Southeast 1/4 of Section 34; thence N.02'16'Ol"W. olong said line. a distance of 80.07 feet to the POINT OF BEGINNING. Contoining 43238.25 square feet or 0.9926 acres, more or less. .3 -q -01) (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE Of' AUTHORIZATION LB #43 PROJECT NO.: 65061 PAR<:t, NO. : 1 JJB rr",.."".'~~--~ ......... ~ "- su...,...,~- _~ _,Ine. ".,., Fot.,..,__ '""" 1IIIl_ln.,w,lI>> ...._Jl_,__ ""-.. ___... "e' 24, 2004 - 13:06:44 1ollNoIU1lt1X:\SUR\NIlOI!l\lI!llodloo.d_o c 951 (100' R,O.W,) r :R 951 LINE L1 L2 U L4 L5 LINE TABLE LENGTH 160.14 540.48 80.07 540.48 80.07 EXHIBIT ..L "'--Lof~ 0:1/2005 ...J CANAL-R.:.W. J ~ BEARING N89'SI',33"W N89'51'J3"W S02'16'OI"E 589'51 '33" N02'16'OI"W r--- I 200 COLLIeR COUNTY DEPARTMeNT OF' TRANSPORTATION SKETCH & DESCRIPTION PROJECT NO.' N60/5-oo5-000 FilE NO.: 2L-812 J L1 NORTH LINE OF THE SOUTHEAST 1/4 r N I I - n \ 3i a:: q I ~ a:: I ~ \ " u \ CON PROPERTIES 0 .... 10 '-' en O.R. BOOK 3004, PAGE 660 .... a: 10 en cj I r r a: I U'l (".I ~ cj I \ ~ \ \ \ LEGAL DESCRIPTION A portion of the North 1/2 af the Northeast 1/4 of the Southeost 1/4 of Section 34, Township 48 South, Ronge 26 East, and being a portion of those lands described in O. R. 1 Book 3004, page 660, of the Official Records of Collier County, Florida, being more .~~~~~~~!~~~~~-~~~~~~~--------------------------- ----- Commencing ot the East 1/4 Corner of L 4 Section .34, Township 48 South, Range 26 NOTES: East; thence N.89'51 '33"W. along the North line of the Southeast 1/4 of Section 34, 0 distance of 160.14 feet; Thence S.02'16'OI" E., o distance of 80.07 feet to the POINT OF BEGINNING: thence 5.02'16'01" E., 0 distance of 589..34 feet to its intersection with the South line of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.89'50'22"W. along said Sauth line, 0 distance of 5.00 feet: thence N.02'16'01"W., 0 distance of 589.34 feet to its intersection with 0 line lying 80.00 feet southerly of when measured at right angles to the North line of the Southeast 1/4 of Section 34; thence S.89'51 '33"E. along soid line, 0 distance of 5.00 feet to the POINT OF BEGINNING. Containing 2946.65 square feet or 0.0676 acres, more or less. \ 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being S 02'16'01" E, Florida State Plane Coordinates NAO 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. 6. 7. 8. 9. 10. ROW represents Right - of -Woy. P.O.B. represents Point of Beginning. P.O.C. represents Point of Commencement. O.R. represents Official Records. L.B.E. represents Landscape Buffer Easement. U.E. represents utility Easement. DAVID J. HYAT . P.S~OR THE FIRM) FLORIOA LiC. NO. 5834 ]-1-0f N (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 REVISED PER COUNTY COMMENTS 03/09/05 PROJECT 00.' 65061 PNlCtL NO. : 7 JJ Wil"""rw,,~- "'-- enp.-. E_ s..wyrn."",,,,-_ _~ WIIsonMIJIef. Inc. _ Far..,..,___ J2lIIBailrLftSPll2l>> "'FiRilj(1auaT1.Pfr:IrI~ F.J;JU6.51" ~1IW.""""'.&Illl'II EXHIBIT -6... Pev-.-S:- of-S:.. lJ"I o 25 ~ :00 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESc~pnON I,.., 24, 2004 - 13:05:" MU\MUREIX:\SUR\Naol~ll~l""00.dwt:l fiLE NO.: 2L 812 PROJECT NO.: N60IS-005-000 09/200J \ .. 200 Agenda Item No. 16B7 September 13,2005 Page 24 of 32 PROJECT: Collier Boulevard #65061 PARCEL No(s): 131,531,731 & 931 PURCHASE & EASEMENT AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the ftAgreement") is made and entered into this _ day of , 2005, by and between RICHARD D. CRAIG and FRANCES A. CRAIG, husband and wife, whose mailing address is PO Box 899, Edwards, CO 81632-0899 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 T amiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"), WHEREAS, Purchaser has requested that Owner convey to Purchaser a fee simple interest for Right-of-Way required for the expansion of Collier Boulevard (Parcel 131); a 3-year Temporary Construction Easement (Parcel 731), a fee simple interest for the construction of a Iimerock Parking Area (Parcel 931), and a Temporary Access Easement (Parcel 531) for the construction of a driveway to access the Parking Area (hereinafter collectively referred to as "Property") over, under, upon and across the lands described in Exhibit "A" (attached hereto and made a part of this Agreement); and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property, NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, It is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of: . $168.794.90 subject to the apportionment and distribution of proceeds pursuant to paragraph 11 of this Agreement (said transaction hereinafter referred to as the ftClosing"), Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all other expert witness fees and costs, as provided for in Chapter 73, Florida Statutes, not addressed in this agreement. Said payment has been calculated at the agreed upon unit price for the land and the easements. Payment in the amount of $2,407,32 shall be paid by Purchaser to Owner's attorney, Kenneth Jones, Esq., c/o Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901-3419. Payment in the amount of $1,600,00 shall be paid by Purchaser to Owner's appraiser, Allied Appraisers & Consultants, Inc" 1642 Medical Lane, Fort Myers, FL 33907-1192. 3, OWner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications except for restrictions, reservations, easements of record and outstanding oil, gas and mineral interests of record, if any, Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Prior to the Closing, Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents"): Purchase Agreement Agenda Item Na 16B7 September 13, 2005 Page 25 of 32 Page 2 (a) Warranty Deed for Parcel 131; (b) Temporary Access Easement for Parcel 531; (c) Temporary Construction Easement for Parcel 731; (d) Warranty Deed for Parcel 931 ; (e) Closing Statement; (f) Grantor's Non-Foreign, Taxpayer Identification and GAP Affidavit; (g) W-9 Form; and (h) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Prior to Closing, Owner shall obtain from the holders of any liens encumbering the Property, the execution of such instruments which will remove, subordinate or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. For easements of record, Purchaser shall either take title subject to such easements or obtain appropriate releases prior to Closing, 5, Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property, At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Closing Oocuments to Purchaser in a form acceptable to Purchaser. 6. Purchaser shall be entitled to full possession of the Property at Closing. 7. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida at the Board meeting on September 13. 2005. If this Agreement is not ratified and approved by the Board on or before September 13, 2005, all obligations under this Agreement shall terminate and be null and void. 8. Owner and Purchaser represent and warrant the following: (a) Owner and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. (b) Owner has full right, power and authority to own and operate the Property and to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. (c) Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and Purchase Agreement Agenda Item No. 16B7 September 13, 2005 Page 26 of 32 Page 3 obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (d) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (e) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property. without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever, (f) There are no maintenance, construction, advertising, management, leasing, employment. service or other contracts affecting the Property, (g) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform hereunder, nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (h) Owner acknowledges and agrees that Purchaser is entering into this Agreement based upon Owner's representations stated above and on the understanding that Owner will not cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing, Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the physical condition of the Property or the governmental ordinances or laws governing same, 9. Owner represents that the Property and all uses'of the Property have been and presently are in compliance with all Federal. State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser, that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser. that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 10, Owner shall indemnify, defend. save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities. laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 9. This provision shall survive Closing and is not deemed satisfied by conveyance of title, 11. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed and easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination Purchase Agreement Agenda Item No. 16B7 September 13.2005 Page 27 of 32 Page 4 of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. It is mutually understood that the Property is being acquired under the threat of condemnation. 12, All ad valorem real estate taxes due on the Property during Owner's term of possession. and all maintenance charges and assessments due from Owner, for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. Ad valorem taxes next due and payable after closing on the Property, shall be prorated at Closing based upon the current year's tax applicable to the Property, with due allowance made for maximum allowable discount, homestead and any other applicable exemptions, and paid by Owner, If Closing occurs at a date when the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. Owner shall pay 2005 ad valorem taxes during the period of their ownership, as calculated upon the per diem amount supplied by the Collier County Property Appraiser and Tax Collector. 13. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits, 14. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 15. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those stated herein, and in the Agreement for Replacement of Access and Parking between Collier County, AT&T and Owner; and this written Agreement, including all exhibits attached hereto, and the aforesaid Agreement for Replacement of Access and Parking, shall together constitute the entire Agreement and understanding of the parties hereto, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification or amendment of this Agreement shall be of any force of effect unless made in writing and executed and dated by both Owner and Purchaser. Time is of the essence of this Agreement. 16, Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from this Agreement, and the remaining provisions of this Agreement shall continue in full force and effect, and shall not be affected by such invalidity. 17. This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement Agenda Item No, 1687 September 1 3, 2005 Page 28 of 32 Page 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement on this _ day of , 2005, Property acquisition approved by BCC pursuant to Resolution No. 2003-372. dated 10/28/03. Item 16B5, AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK. Clerk , Deputy Clerk AS TO OWNER: DATED: ~..,.,.,cl. \.,. o:u:oS- ~~dLo{ ~I.!~ nass (Signature) IlmtJV' :t I 1Vf1'Jkf/"'i Name (print or Type) Approved as to form and legal sufficiency: I.lL t:J ~~ 'Ellen T. Chadwell Assistant County Attomey ... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Fred W, Coyle, Chairman ~ LJ /,' -' '4't.r>.Pd/ /1 y;O-c A:( FRANCES A. CRAIG. _J R7 L.J . ;; "L!') "to ~ ....V N8 0.... vi September 13,2005 \t'!.:~~'.9.1.]..r~~age 29 tf 32 L '00.09' \ ~J~ I P.O.C. \ P.O.B. I I h\ o \ ci I I l I \ ~ \ ---------------------------------------------- PIlOoIECT 110. 85061 ......cn. NO. , 1 J 1 Wil.Miller-'~UU- - ......'........'---,~-,~- ......... tic -Mru...... '1ilIIal="~_~'=""" ___ 09/200.1 s'P 23, 2003 - lCkl1e,41 t.lw.<UR~IX:\Ii\lft\NeolD\IDlod'OO.dll9 RICHARD D. AND FRANCIS A. CRAIG O.R. BOOK 2107. PAGE \174 LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northea.t 1/4 of the Southeast 1/4 of Section 34. Townlhlp 48 South, Range 26 East, and being 0 portion of lho.e land. dncribed In O.R. Book 2107, Page 1174, of the Official Records of Collier County, FlorIda, being more portlcuiarly deeorlbed o. follows: Commencing at the Eo.t 1/4 corner of Section 34, Tawnship 48 South. Range 26 East; thence N.89'51'33"W, along the North IIns of the Southeast 1/4 of sold Section 34, a dilltance of 10D.09 feet to its lnteraectlon with the Westerly right-of-way IIns af County .Rood 951 (Collier Boulevard): thence S.02'16'01"E. along sold right-of-way Ilne, a distance of 1,004.15 feet to the POINT OF BEGINNING; thence continue S.02'16'01"E. aiong sold line. 0 dlstance of 334.72 feet to Its inter..ctlon with the South line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of eald Sectlon 34. thence N.69'49'11"W. along .01d South line, 0 distance of 64.06 feet; thence N.02'16'01OW" o dlltonce of 334.71 feet to Its lntersectlon with the North line of the South 1/2 of the Soutl1 1/2 of the Northeast 1/4 of the Southeaet 1/4 of eold Sectlon 34; thence 5.89'49' 47"E, along sold North line, 0 dIstance of 64.06 feet to the POINT OF BEGINNING. Containing 21,422.33 .quare feet or 0.4916 acre., more or len. ry -;q ~Ci} '(DATE SIGNED) NOT VAUD WITHOUT T~e: SIGNATURE ANO THE ORGINAL RAlSED SEAL"OF A FlORIDA UCENSED SURVEYOR AN~ 'MAPPER. CERTIFICATE OF AtlTHORIZATION LB *43 b o .... '-' ~ I a; \ ~~ 1 I \ I \ \ LINE L1611 L170 NOTES: 1. This is not a survsy. 2. Balli. of bearing Ie the West line of County Rood 951 (C.R. 951) bslng S 02'16'01" E, florida State Plane Coordlnotes NAn 83/90, East Zone. 3. Subject to eoaements, reservation. and restriction. or record, 4. Ea.ements .hown hereon are per plat, unless otherwl.e noted. 5. ROW represents Right-of-Way. 6. P.O.B. represent. Point of Beginning. 7. P.C.C. represents Point of Commencement. 8. O.R. repre.enta Official Records. 9. LB.E. reprBllents Londllcape Buffer Eoeement. 10. U.E. representl Util1ty Eoaement. EXHIBIT ..A- page...L. 01_ y.- w- I D ID 1llO GRAPHIC SCALE ~- o I 100 COWER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &: DESCRIPTION p.lWJrCT NO.l N607!J-OO!J-OOD Fll.C NO.1 2L-812 September 13, 2005 \ Page 30 of 31 I I I h h \ I --:- I ~ \ 3; \ ~ \ ~ I g I ~ u 5~~ RICHARD D. AND f:RANCIS A. CRAIG O.R. BOOK 2107, PAGE 1174 LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East. and being 0 portion of those lands described in O.R. Book 2107, Page 1174, of the Official Records of Collier County, Florida, being more particularly described os follows: Commencing the Southeast corner of the Northeast quarter of the Southeost Quarter of said Section 34; Thence North 89'49'11" West along south line of the northeast quarter of the southeast quarter of said Section 34 0 distance of 100.09 feet to its intersection with the Westerly right -of-way line of County Rood 951 (COllier Boulevard) thence continue along said south line North 89'49'''" West 135.13 feet to the POINT OF BEGINNING: thence North 89'49'11" West, 0 distance of 16.00 feet; thence North 00'10'49" East, 0 distance of 40.00 feet; thence North 38'00'50" East, 0 distonce of 18.99 feet to its intersection with 0 line lying 55,00 feet North of os measured at right angles to the South line of the northeast quarter of the southeast quarter of said Section 34; thence South B9'49'11" East, along said line 0 distance of 30.03 feet; thence South 02' 16'0 I" East, 0 distance of 16.01 feet; thence North 89'49' 11" West, a distonce of 15.01 feet; thence South 41'17'45" West, 0 distance of 17.26 feet; thence South OCT 1 0'49" West, 0 distance of 26.00 feet to the POINT OF BEGINNING. LINE L 1 L L3 L4 L5 L6 L7 L8 LINE TABLE LENGTH 16.00 40.00 18.99 30.03 16.01 15.Q1 17.26 26.00 EXHIBIT .JL Page..2- of~ NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being S 02'16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. Containing 1,282.68 square feet or 0.0294 acres, more or less. Subject to.o.'men~ and restrictions of record. (, 4. Easements shown hereon are per plat, unless otherwise noted, 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B,E. represents Landscape Buffer Easement. 1 D. U.E. represents Utility Easement. DAVID J. YA "j'.S. R THE FIRM) FLORIDA LIC ,y~ 58~ ~ I r.> h ..;,.', ~;. :" 4" I NOT VALID:wrrj-iQUr 1'j.IESIGNATURE AND THE ORGINAL RAlS~()' 19tA.L. OF A FLORIDA LICENSED SURVEYOR ANO"'MAPPER. CERTIFICATE OF AUTHORIZATION LB *43 N I .... I'tIOIECT NO.: 65051 IWlCD. NO. : 531 W,.."",_.~w- ,..... ~ faIIaPoIoo ,.".,...,~- ---.~ ~.Inc. .......... ....=;=.....~:n ____ 08/2005 COWER COUNTY DEPARTAIENT OF TRANSPORTATJON SKf:TCH Ie DESCRIPTION I'llOJtcT NO.' N6015-005-000 nLE NO.: 2L-812 RICHARD D. AND FRANCIS A. CRAIG O.R. BOOK 2107, PAGE' 174 LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being 0 portion of those lands described in O.R. Book 2107, Page 1\74, of the Official Records of COllier County, Florida, being more particularly described os fOllOws: Commencing at the East 1/4 corner of Section 34. Township 48 South. Range 26 East: thence N.89'51'33"W. along the North line of the South 1/4 of soid Section 34, 0 distance of 100.09 feet to its intersection with the Westerly right-Of-way line of County Rood 951 (Collier Boulevard); thence S.02'16'OI"E. along said right-Of-way line, 0 distance of 1,004.15 feet to its intersection with the North line of South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of soid Section 34; thence N.89"49'4 r W. olong said North line, 0 distance of 64.06 feet to the POINT OF BEGINNING; thence S.02'1'6'Ol" E., 0 distance of 279.66 feet to its intersection with 0 line lying 55.00 feet North of os measured at right angles to the South line of the northeast quarter of the southeast quarter of said Section 34; thence N.89'49'll"W., along soid line 0 distance of 5.00 feet; thence N.02'16'0 '"W., 0 distance of 279.66 feet to its intersection with the North line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34: thence S.89' 49' 4 r E. along said North line, 0 distance of 5.00 feet to the POINT OF BEGINNING. Containing 1398.49 square feet or 0.0321 acres, more or less. THE FIRM) _..r ,; NOT VALID..)IIITHO~T {HE SIGNATURE AND THE ORGINAL RAISf;OC .SEAL OF A FLORIDA LICENSED SURVEYOR AND' MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 UPDATED PER DESIGN CHANGE 08/02/05 REVISED PER COUNTY COMMENTS 03/07/05 REVISED PER COUNTY COMMENTS 03/04/05 PftWtCT HO.: 65061 PNlCt\. NO. I 7 J 1 vr".".,IIii-"~~'- -. ~ E"'*'r/ID lUw)m'~- _Cl>lIIAIna WIIsonM1Her. Inc. _FGf",__"" ..8IIIrLn....... ,..,RlIIMf~,l'J5.IfJlT.,..~ ~.1>>MU1Tf .,..,.1Ift........... ~ ~ ~-"~f~~6~~- -.- l ~~~~ o .- 1 vi 1 1 5 Ll I ember 13. 200~ Page 31 af 3 \ P.O.C. \ \ h\ o ci I I r .... r -...J ~ ~ -...J N ,-.. ~ ~ e:: o o ..- '-' - L/') O'l -J <( Z <( U .... L/') OJ \ L173 \ \ ~ u 5~~ LINE TABLE LINE LENGTH L 171 64.06 L 172 279.66 L173 5.00 L 174 279.66 U 75 5.00 NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'16'01" E. Florida State Plane Coordinates NAO 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. EXHIBIT ..lL P...3- of....=L N .... o ~!lO 100 GRAPHIC SCALE I 200 COLLI~R COUNTY D~PARTM~NT OF TRANSPORTATION SKrrCH cl DESCRIPTION OJ/ZOOS PRO.If:CI NO.: NBO t5-00S-()(JO rll.! NO.: 2L -812 Se1tember 13, 200~ Page 32 of 3 \ h h \ I 0 "" I ci , ~ l c:i 1 ci \ 0 u RICHARD D. AND FRANCIS A. CRAIG 0 - - If) O.R. BOOK 2107, PAGE 1174 '-' 0'1 LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeaet 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R, Book 2107, Page 1174, of the Official Records of Collier Count)', Florida, being more particularly described as follows: Commencing the Southeast corner of the Northeost quorter of the Southeast Quorter af said Section 34 Thence North 89'49'11" West along south line of the northeast quarter of the southeast quorter of said Section 34 0 distonce of 100.09 feet to its interaection with the WlISterly right-of-way line of County Rood 951 (Collier Boulevard) thence continue olong said south line North 89'49'11. West 64.06 feet: Thence North 02' 16'0 I" West, 0 distance of 25.02 feet to the POINT OF BEGINNING; thence North 89' 49'11" West, 0 distance of 5.00 feet; thence South 02'16'01" East, a distance of 20.02 feet; thence North 89'49'11. West, 0 distance of 38.04 feet; thence North 02' 16'01" West, a distance of 50.0S feet to its intersection with 0 line lying 55.00 feet North of as measured at right angles to the South line of the northeast quorter af the soutneast quarter of said Section 34: thence South 89'49'11" East, along said line a distance of 43.04 feet; thence Soutn 02' 16'01" East, 0 distance or 30.03 feet to the POINT OF BEGINNING. , '".''' ,. I Contoinirltl.,tI,6S1,e'7 square feet or 0.0471 acres, more -or less. ~c't.: ;;p.~~me,_ Is ~~nd restrictions of record. Ci-Jl'" ,~ ~J, DAVID. J: F'IRM) FLORIDA ti I ,n t' NOT VALlO' Wm:tOUT THE SIGNATURE ANO THE ORGINAL RAISED .._~EAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 UPDATED PER COUNTY COMMENTS 08/04/05 UPDATED PER DESIGN CHANGES 08/02/05 UPDATED PER COUNTY COMMENTS 03/07/05 UPDATED PARCEL NUMBER 01/05 I'ftMCT NIl., "061 - NO. , PJ1 W''''lei-'~- - ep... ~ ....,...,~- ~- WIIarMIr, Inc. .. ""...,- ,- """ ___....lIlI..._M_'__ ForDH/U1lf ---- r lJl I a:; u t~~ If) 0'1 100.09' 164.15' I ~. LINE TABLE LINE LENGTH L 1 25.02 1.2 5.00 1.3 20.02 1.4 38.04 L5 50.05 L6 43.04 L7 30.03 NOTES: 1. This is not 0 survey. 2. BOBis of bearino is the West line of Count)' Road 951 (C.R. 951) being S 02'16'0'" E, Florida State Plane Coordinates NAO 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. EaIBmentB Bhown hereon ore per plot. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P .O.B. represents Point of Beginning. 7. P.O,C. reprellents Point of Commencement, 8, O.R. represents Official Recordll. 9. L.B.E. represents Landscape Buffer Easement. , O. U.E. represents Utility Easement. EXHIBIT~ Page...:L- or...=i- N I 10 \00 GRAPHIC SCALE I 200 '.- o Zl\ COW(R COUNTY DEPART'AAENT OF T1WISPOffTATTON SKETCH cI: DESCRIPTION 09/200J l'llO.II:CT NO.' N5or,-oo,-000 mE NIl., 2L-812 Agenda Item No. 1668 September 13, 2005 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve the Agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LCC, a Florida Limited Company. OBJECTIVE: To obtain Board of County Commissioners (BCe) approval of the Agreement for Haldeman Creek Disposal, with Lakeview Drive of Naples, LCC, a Florida Limited Liability Company, CONSIDERA TIONS: The original Agreement for Haldeman Creek Disposal, with Lakeview Drive of Naples, LCC, has expired due to the inability to obtain the regulatory permits within the designated time frame, The selection of a disposal site is important to the viability of the Haldeman Creek project. Considerations in selecting disposal sites include environmental impacts, pollutant potential, sediment contamination, and disposal site capacity, A developer (Antaramian Development Corporation) that has property adjacent to the Creek approached the County regarding the use of some of the dredge material. The location of the potential site lies south of the main channel and offers several acres of land for disposal, An Environmental Impact Statement has already been issued for the site, FISCAL IMPACT: No fiscal impact associated with this executive summary. - GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this executive summary, RECOMMENDATION: Approve the agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LCC, substantially the form attached to the executive summary and authorize the Chairman to sign for the Board, Prepared By: Margaret Bishop, Project Manager, Transportation Services Division, Stormwater Management Department Attachments: (1) Executive Summary, (2) Approval Sheet, (3) Project Location Map, (4) Agreement, (5) Exhibit A, (6) Exhibit B - Agenda Item No 1688 September 13,2005 Page 2: of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting D...: 1688 Recommttndfttloll to approve thr. Agreement lor HalgfilOlan Cruk OjspOlial with Lakfilview OriV'e 01 Naples, Lee, a Florida Uml1.ed Compi:lllY, 911J1200~ 9:00:00 AM lurn Number: ItlfT18umtnllry: Approvtd By Joaoph K, Schmitt Community Ofl',:~lopmont & C... Environmental Service. Adminatratar Community Development & Community Oov*lopmem & Envlranmtllr'ltal Sctrvlc:ee Environmontlll SC!trvi~' Admin. 8/18120058:57 PM Approved By Norm E. Feder. AICP Transportation OI...lslon Administrator 0... 1 rtllnaportltlon Services Transportation Services Admin. 81191200511 :10 AM Approved By 8haron N.wman Aooountlng Supervisor C... TranaportGlion Sttrvicu Tr.naportlltion Admlnl.tratlon 812212005 3:34 PM Apprnved By Gerllld Kurtz Senior Engineer Cn.. Transportation Servlcos Stormwater Managflml'lInt 6/2212005 4:03 PM Approved B" HeidI F. Aehton As,latant County Attorney C'" County Attorney County Ahomey orrlce 8124120054:58 PM Approved By PlIllt Lehnhard EXl!Icut.lYe S4x::re1l1ry Oolite Transportatlon Servjee. lranaportation Sorvlc.. Admln 8/2512005 8:57 AM AI)prond By OMB Coordinator Administrative Auistant 0... County Manager's onico Otnoo of Mam.ogoment & BUdget 812912005 g:26 AM Approved B)-' Suun Ushor knior ManllgertllDntlBudgf1t Analyst Cal. County MalUliu"r's Oftlc. Offloe of Management & BUdget 813012005 t: 34 PM A pproved B)' Mlch_1 Smykomkl Manngement & Budget DIrector 0... County Mal'Wlger'1J On-Ice OtftOtl of Management & Budget aI3'1/2OO$ 10:53 AM AIJpro\'ed By JllnW$ V. Mudd County MIllager C'" Board of County County Mtlnager's OfficiO Commi..joner. 5f31f2005 bH PM COLLIER COUNTY BO..~J) OF COTJNTI? C01\i1\fiSSIONERS PROJECTNo.510112 K.\.LDE]\'L-\N (~REE,K DREDGING PRO,JECT L,O(~~t\TION J\L4P 0:: Cl Z ~ ~, o m--f t).: ?:; w' 0:: w 9; Cl (fl.' ~ ~' w ~.~ ~ z <( :j- MiLLS LN "--1 i w' ! >. i wi __.__~.:_.*L_ ~. ~ 'ut ~..-. ll. .--. w :!: ll. t:.~'3ik r'Jld.'t ~~.y, 'o/~>.. , ""'0 o/"S',t., i$' . ' i ~ ". " aLljE poiin,Av:e , t- lJ) ,--- !J) t-. - -GHESAPEAKEAVE lJ)." h:' ----------...----.--- _ffi__D i "--:;\:.:!E'/W'ELBOXAve:, It ..-'.'" -.. ..', ($ fl Q'j .. # ti;,~A.~~~~~~~--." ~" SO! GROU PER DR ...J ,.------ --..----.t- .~' , .J: -..., tI;l , 0::,0:: 0::' W w~~:w: z lwii: c.. ,ii:; ii:, a1'Cl 0:: ,- ,------, ! ffiffi!;!:; ii:a:1l. i <.~:,."'..,. oJ' \'f "",( ,t, -:3' 00 LPKIN RD .0.'-" .. -....--.. o :__~~.Et<~.A._'!.E .._.... .. 0, . Q:! ,~ '::,,p, tI: /$" 0::. ,iO' ::.: o o z: .';,'(1 ~ BARRETTAVE STORTER AVE VAN BUREN AVE .s~,.y ~~~_~R COVE Dfl;,; f'O III -r (Ill ..> ...... WIND STAR BLVD It: L1NDADR 0: ... .....-----....-., --,'W', ~:; ',l\k;O;;.,.. ~.: tJIOORHEAD MNR:(_i ....,..,............. .. m....... ai' 0:' 0': ;$' SUNSETAVE LA.KE AVE FLORlbKAVE' . , CALEDONIAAVE Agenda Item No. 16B8 September 13, 2005 Page 3 of 14 1:1::' 0; ::z: 1:1::: w t- lJ) ._,..__.... .0.;.___. 0::, (!) z" ,::; ...J ';;:I., c.. ~ o c.. 0:: ;;:: ~~...._- ~o ". ~, ~~ BARR ETi AVE LUNARST JEEPERS DR BOTANICAL PLACE CIR ~,: PROPOSED BY:COLLJER COUNTY BOARD OF COUNTY CO~<I.I1vIISSIONERS TR.AN'SPORTATION SERVICES DnrrSION STORl\1:'WATER l,,VI,-NAGE~'{IENT DEPARTMENT 2885 SOUTH HORSESHOEDRIVE, Nl..PLES, FLORIDA 34104 PHONE: 239-774-8192, FPX:239-659-5790 ~ 2" Qr oU) ~a ~.. o (fl! DR ~-'~:~~~A E ' ~ -. -- ...... .---.........#...." .....,. 0 0:: ~.S..~~JNO ~~5_" (.:I ..~ ,.~ 3--.'1~,-.._.. . i; <'1- ::l 0::--""""".-"'''-''- PROJECT MAl;rAGER: MJl..RGARET BISHOP DATE: l\IIARCH. 2005 GU'ILFORD RD t;J ~ ~ 0 000 1.000 I , I Feet Agenda Item No. 1688 September 13, 2005 REV 8~~of14 AMENDED AND REST A TED AGREEMENT FOR HALDEMAN CREEK DISPOSAL THIS AMENDED AND RESTATED AGREEMENT FOR HALDEMAN CREEK DISPOSAL ("Agreement") is made and entered into this _ day of , 2005, by and between COll..IER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," and LAKEVIEW DRIVE OF NAPLES, LLC, a Florida Limited Liability Company, hereinafter referred to as "Lake view ," RECITALS: WHEREAS, the County desires to perform maintenance dredging to improve navigation and increase stormwater conveyance capacity in portions of Haldeman Creek, as described in the County's dredge plan attached hereto as Exhibit A ("the Dredge Project"); and WHEREAS, the County has determined that the Dredge Project is feasible; and WHEREAS, the County, as part of its permitting of the Dredge Project, needs a disposal site to place the sand and materials that are removed from Haldeman Creek ("the Spoil"); and WHEREAS, Lakeview owns an undeveloped 17 -acre site ("the Propelty"), part of which (approximately 3 acres) is comprised of submerged bottom lands of Haldeman Creek and the remainder of which (approximately 14 acres) is uplands adjacent to Haldeman Creek; and WHEREAS, the County will realize a considerable cost savings to the Dredge Project if the 14-acre upland pOltion of the Property is utilized as a temporary disposal site for the Spoil; and WHEREAS, Lakeview intends to develop the 14-acre upland portion of the Property with a total of 51 dwelling units (with associated dock slips), as illustrated by the Site Development Plan (SDP-AR-4596) submitted to the County by Lakeview; and 1 Agenda Item No. 1688 ~Q1hl.WJ;3, 2005 ~~of14 WHEREAS, Lakeview has agreed to the County's use of the 14-acre upland portion (the "Disposal Site") of its Property for the Dredge Project for a period of no more than 17 months, subject to the terms of this Agreement and the County's Disposal Site Plan attached hereto as Exhibit B; and WHEREAS, the parties do not intend that this Agreement convey any easement or other property interest in Lakeview's Property; rather, the parties intend that this Agreement convey a temporary irrevocable license, personal to the County, to use the Disposal Site in accordance with the terms of this Agreement; and WHEREAS, the parties entered into the original Agreement for Haldeman Creek Disposal on or about July 27, 2004, and desire to amend and restate said agreement in accordance with the provisions set forth herein, NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. RECITALS. The above recitals are true and correct and incorporated herein, 2, CONDITIONS OF AGREEMENT. a, Before placing any Spoil on the Disposal Site, the County shall obtain all permits required for the Dredge Project from the responsible state and federal agencies, and be solely responsible for any mitigation required by said permits, The County shall comply with all conditions placed on the issued permits, Lakeview agrees to cooperate with the County in its efforts to obtain the required permits. b, Lakeview agrees that the County may place the Spoil from the Dredge Project on the Disposal Site, in accordance with the terms of this Agreement and the County's Disposal Site Plan attached hereto as Exhibit B, for a period of no more than 17 months, beginning on August 1, 2005 and ending on January 1,2007, 2 Agenda Item No. 16B8 Se..Qtember 13, 2005 REV 8~5 of 14 c, Under no circumstances shall the County be permitted to place Spoil from the Dredge Project on the Disposal Site after January 1,2007. d, Lakeview's agreement to allow the County to use the Disposal Site for the placement of Spoil from the Dredge Project is predicated upon Lakeview's currently proposed site plan for the Property. Accordingly, the County may not use the Disposal Site for the placement of Spoil until the County conditionally approves SDP-AR-4596, subject to Lakeview's obtaining State and federal agency permits, The term "conditionally approves" shall mean approval is subject to owner obtaining all required permits from other governmental agencies and it does not mean that the County will impose additional conditions related to County- promulgated regulations, e, Upon execution of this Agreement, Lakeview agrees to provide any letters or documentation requested by the Florida Department of Environmental Protection and federal reviewing agencies to allow the County to obtain its permits for the Dredge Project, 3, DENSITY CONFIRMATION, The County acknowledges that Lakeview enters into this Agreement in reliance upon the County's confirmation that the Property is eligible for 51 dwelling units, 4, REMOV AL AND PURCHASE OF SPOIL, Subject to Lakeview's option to purchase set forth herein, the County agrees to remove all Spoil from the Disposal Site and any contaminants placed on the Disposal Site pursuant to the Dredge Project, at its own cost, on or before February 1,2007, Lakeview shall have the option, at its sole discretion, to purchase up to 35,000 cubic yards of the Spoil from the County, If Lakeview exercises its option to purchase, the County agrees to leave the requested amount of Spoil on the Disposal Site in locations specified by Lakeview, and/or deliver the requested amount of the Spoil to 1722 Tamiami Trail East, Naples, Florida 34112, Lakeview shall pay a severance fee of $2,25 per cubic yard to the 3 Agenda Item No. 1688 ~~tember 13, 2005 REV 8~65 of 14 County for any Spoil left at the Disposal Site or delivered to 1722 Tamiami Trail East at Lakeview's request. Said severance fee shall be paid within 30 days of delivery of the Spoil. 5, FINAL CONDITION OF DISPOSAL SITE, By February 1, 2007, the County shall ensure that the final condition of the Disposal Site meets the following criteria: a, all Spoil has been removed from the Disposal Site (unless Lakeview has directed to leave certain amounts of the Spoil on the Disposal Site pursuant to Paragraph 4); b, any contaminants placed on the Disposal Site pursuant to the Dredge Project are removed from the Disposal Site; c, based on appropriate laboratory soil sample analysis performed by the County's contractor for the Dredge Project, the highest detected concentration of constituents on the Disposal Site are below all applicable criteria for soils including Direct Exposure and Leachability based on Soils or Groundwater Criteria provided in Florida Administrative Code Rule 62-777, The detected concentrations if any, of selected parameters and applicable soil cleanup criteria in FAC 62-777 must demonstrate that these sediments will not create a regulatory or human health concern; and d, no liens related to the Dredge Project have been placed on the Property, If the County fails to comply with the provisions of this Paragraph 5 by the deadline imposed, Lakeview shall notify the County in writing and the County shall have an additional sixty (60) days from receipt of the notice to comply with the provisions of this Paragraph 5, If the County then fails to comply within the 60-day period, then Lakeview shall have the right to bring the Disposal Site into compliance and the County shall be responsible for all costs and expenses for doing so, 6, DREDGE PROJECT COSTS, The County shall be responsible for all Dredge Project costs, including permit costs, mitigation expenses and severance fees (except any 4 Agenda Item No. 1688 SeJ?tember 13, 2005 REV 8~Sof 14 severance fees owed by Lakeview to the County pursuant to Paragraph 4) resulting from the Dredge Project. 7, MONITORING, Initial testing/sampling by the County's consultant(s) has revealed contamination, including the presence of copper, in the water and submerged bottom lands of Haldeman Creek. The County shall prepare a test plan to monitor the Spoil, water and Disposal Site for contaminants, including copper, The test plan shall be submitted to Lakeview for its approval prior to the County's use of the Disposal Site. The County shall implement the approved test plan for the areas of known contamination throughout the duration of this Agreement and shall issue weekly reports of the test plan results to Lakeview while work is performed in the areas of known contamination, Final test results shall be submitted to Lakeview on or before February 28, 2007, The County shall be responsible for all clean-up costs, fines and penalties associated with the placement on, and removal of, any contaminants placed on the Disposal Site pursuant to the Dredge Project. This Agreement shall automatically terminate at the earlier 8, TERMINATION, of (a) February 1,2007; or (b) when the provisions of Paragraph 5 have been satisfied, 9, PROJECT FUNDING. The County retains the right to create a municipal taxing district or other source to fund the Dredge Project. 10, INDEMNIFICATION, To the extent permitted by law, the County shall indemnify and hold harmless Lakeview and its successors and assigns for any and all damages or liabilities incurred by Lakeview and caused by the Dredge Project, including, but not limited to, damages or liabilities arising from (a) non-compliance with the permits issued for the Dredge Project, (b) the placement of liens on the Property pursuant to the Dredge Project, (c) the placement of contaminated or hazardous Spoil on the Disposal Site pursuant to the Dredge Project, and (d) third party injuries related to the Dredge Project. 5 Agenda Item No. 1688 September 13, 2005 REV 8,FWej of 14 11. MISCELLANEOUS PROVISIONS, a, Any and all notices, designations, consents, offers, acceptances, or other communications provided for herein shall be delivered to Lakeview, attention: Jack Antaramian, Antaramian Development Corporation, 365 Fifth Avenue South, Suite 201, Naples, Florida 34102; and to George L. Varnadoe, Esq" 821 Fifth Avenue South, Suite 201, Naples, Florida 34102, b, Any and all notices, designations, consents, offers, acceptances, or other communications provided for herein shall be delivered to the County, attention: County Manager, Collier County Government Complex, 3301 Tamiami Trail East, Naples, FL 34112, c, This writing embodies the entire agreement and understanding between the parties, No other agreements or understandings, oral or written, exist between the parties, No alteration, change or modification to the terms of this Agreement shall have any force or effect unless made in writing and signed by the parties hereto, This Agreement shall be governed and construed in accordance with the laws of the State of Florida, This Agreement may be executed in each of several copies, each of which may be considered an original. d. Lakeview may not sell, transfer, or assign this Agreement, or any part hereof, without the written consent of the County, which consent shall not be unreasonably withheld, IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year aforesaid in counterparts, each counterpart to be considered an original. DATED: ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk FRED W, COYLE, Chairman 6 Approved as to form and legal sufficiency: Heidi F, Ashton Assistant County Attorney WITNESSES: (1) signature PrintedlTyped Name (2) signature Printedffyped Name 7 Agenda Item No. 16B8 ~Emtember 13, 2005 REV it~Qt of 14 LAKEVIEW DRIVE OF NAPLES, LLC By: , Managing Member Agendlm No. 168 8 Sept er1~~O~ ,:al:le 1~f U E Haldeman Creek Restoration Proj ect Project Description Exhibit A Haldeman Creek located in Collier County, Florida, serves as an important stormwater conveyance system and a navigable channel for boater access to the Gulf of Mexico (FigureD. Records indicate that. the Creek was originally natural, and through' development was altered, Modifications to the area include establishing "finger" canals to support residential boat access and alterations to the alignment of the Creek for stormwater improvements, Residents in the area of Haldeman Creek. representing mainly waterfront property owners, requested the County to initiate a feasibility study to investigate maintenance dredging of the existing waterway, Increased development and use of the waterway for boating, maintenance dredging has become necessary to ensure proper navigation, Sediment shoaling caused by sedimentation raises the risk of damage to boats and decreases the function of the waterway, With increased development comes the need for flood control. The Creek also serves as an important role for conveyance of stormwater in th~ area, The County and South Florida Water Management District have implemented improvements to the Creek for flood control.' This activity has resulted in an emphasis on the Creek regarding maintenance of the waterways, Over time sediments have built.up in the waterway and the accumulation in the Creek and in the canal systems has reached a level that requires maintenance, Natural processes are unable, to flush out the material, Haldeman Creek has experienced rapid development over the past several decades, Development occurred first on the main stem of the Creek and then to the adjacent canals. Development along the main stem .of the Creek is a I o/- 3 Agenda Item No. 1688 sePrtember13,2005 ~ge 1"0 E mixture of commercial and residential. Development along the adjacent finger canals is primarily residential with a few commerciai properties interspersed. . Figure 1. Haldeman Creek Restoration l>>roject Location Maps.. 1- o.~ 3 Agenda Item No. 16B8 sePte,r 13, 2005 -e13rO, The project includes dredging to :a depth of -5,0 ML W and -2 ML W east and west of . . . Bayshore Drive, respectively, Design bottom widths of 40 feet and 20 feet for the main channel and finger canals, respectively. A total volume of approximately 40.000 yd3 will be removed. The project will involve a combination of hydraulic and mechanical dredging, The sediment will be placed on the disposal site for dewatering, stockpilin,g and transport to the County Landfill, Approximately 10,000 yd3 of clean dredge sediment will.remain 00- site for use by the property owner. The County has submitted permit applications with the United States Army Corps of Engineers (USACE), the Florida Department of Environmental Protection (FDEP) and Collier County, Permits are expected the Fall 2004 and construction is anticipated to begin winter 2004, .3 o~ .3 ~--~-F-----"""--"---" , ~,lX-l i r- 1", _..__..~ ~ ~ .---'..... \ '. \ " ./ :,/ [' I I I I:: I ~II It', ~j _\:: I 1.,1' Lu il. CI :;1 ~, I ~ ,Ii .-1 i I I I I ! f'j "" I I Z I r ~ I I I I I I ! I ! 1 J r I ~ ..r 1[, W ~ :~~ ,~ o ~ ~ . ~ i~ I. !J .. i.Il.~S. !~i!111 lill I ......_,.... ~:,: I:: 4 I I i ~i , ~ I { . I 5 ~~~ ' ,._~~ ' (. - -'C;"""-i'I\'iE'(!;.- ~' L , -.. ";:-- / '. "1- ,-' / I \~c;~ _J \ ..) '.,2 <:> "'lI" I. (,./" I.... U~:J ' :c,. I I ...J . 0 > :> .~ .ll.J (J')L.... ~ 1--- <C 1-'-0 \ ' H~~ . \ ..J 1""' x:~;i t> ') ,.-..1 ,,' iE ~.li!. 3 ' I.LI I" .1 Q,. ~ ~,o: ) L. 9,. ij I=. a.. ""< 1, ) ~ (' --..!. c, I. ~~~ ~ ~. lu iH Ii. IIi >>.!~ hI ~!: liS ~- ~,........... ,- Agenda Item No. 16B9 September 13, 2005 Page 1 of 33 EXECUTIVE SUMMARY Recommendation to approve three Drainage Easement and Maintenance Agreements between Roberto BoUt, Trustee, Valencia Lakes at Orangetree Homeowner's Association, Inc., and Collier County, for the purpose of assigning maintenance responsibilities among the parties. OBJECTIVE: To receive the Board of County Commissioner's approval of three Drainage Easement and Maintenance Agreements within the Valencia Lakes section of the Orangetree development which are located outside of the platted areas, and which are required by the SDP in order to be in compliance with the overall plan for the water management system for the community, and to ensure that the system will function properly, CONSIDERATIONS: Valencia Lakes is a community within the Orangetree PUD that is currently under development, in phases, by Beazer Homes. These three easements presented are a necessary portion of the stormwater retention and drainage plan as they relate not only to Valencia Lakes but as they interconnect with the overall outfall for the larger Orangetree Development. Exhibit "A" illustrates the easement to be acquired within Phase 7B. The easement is designed to assist with off-site drainage for Valencia Lakes, Phase 7B. Underground stormwater pipes are in place and interconnect to the lake (shown in Exhibit "C") which services all of Orange tree's retention needs. Exhibit "B" illustrates the dry retention area for off-site drainage in Phases 5A and 7 A This easement is located in the rear of the "Neighborhood Shoppes" area within the Valencia Lakes subdivision, Exhibit "c" (the lake) is the main outfall system for the entire Orangetree Development and the communities within Orangetree, During an earlier stage of development, Orangetree, once divided into several plats, then undeIWent a vacation of those original plats and the property was recreated into one large Planned Unit Development (PUD), This lake was not previously presented as an easement to be accepted and acquired by the Board because it was being redesigned as the development was experiencing changes. Those changes, undertaken by new developers within the Valencia community, such as Beazer Homes, were made with the awareness of County Staff, At this time, having been directed by County Staff to submit these easements for approval and acceptance in accordance with the Declaration of General Protective Covenants and Restrictions of Valencia Lakes HOA, and prior to moving fOIWard with other phases of their development, property owners Roberto Bollt and Valencia Lakes Homeowners Association are requesting approval of the agreements depicted as Exhibits "A" and "B" and "C". FISCAL IMP ACT: No County funds are anticipated to be used for this acquisition, The property owner is responsible for any and all cost associated with requesting that the County accept and acquire these easements per the requirement of their SDP. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth Management Plan, ",;"-'.' Agenda Item No. 1689 September 13, 2005 Page 2 of 33 RECOMMENDATIONS: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Drainage Easement and Maintenance Agreements depicted as Exhibits "A", "B" and "C" and authorize its Chairman to execute same on behalf of the Board; and 2. Accept the specific easement interests conveyed thereby. PREPARED BY: Hope Brack, Senior Property Acquisition Specialist, Transportation Engineering & Construction Management Department Attachments: (1) Exhibit "A" (2) Exhibit "B" (3) Exhibit "C" Item Number. Item lummllry: _Ing Dato, Agenda Item No, 1689 September 13, 2005 Page 3 01 33 COLLIER COlJNTY BOARD OF COUNTY COMMISSIONERS 16B9 Rr;commendation to approve 1hrll'e Draina~ EIse-men1 Bnd Maintenancre Agreements between Roberto Bollt, Trultee, Valencia L.akee. at Orangetree HOmeO'Ml&ra Association, Inc" and Collier County, for thtl purp0ge of 8811gning maln1cnanoo reepo""iblllties among the p8rtlet: 9/13120059:00:00 AM 0'" Approved By Keliln Hendrick. Transportation Services RjOht otWay Acquisition M.tnager lranlpOf'til4lon Engineering and Con.truction 1123/2005 Pi:52 PM Dal. Approved Sy Jay Ahmad Transpartltlon Services Director lranaponatlon Engilleering & Construction Mllnllgement el2<U2005 7:48 AM Pl.In::hlJllnOlGeneral &vel Director Dal. Approved By Steve CarneH Administrative Bervicn Purohulng 812412005 e:!6 AM Senior Property Acqui.ltlon Specialist DIle 8124J200511:O&AM Approved By Jennlttr Hope Brack Transportation 5ervlnel'l Gloria Herrerll TECM-RC7A' Approved B" Transponatlon SQfVlcea. Man.a~mentIBlJdg.t An"ly:ft Tran.portation OperKtlons DIle 8124120053;50 PM Norm E, Fltder. AICP TtanapDrtatlon Divisioll Admlnl8trator D... 8124120054:17 PM Approved 8)1 Transponl2tlon Services TrAn.lpotta1lon ServiCClI Admin. Sharon Newman Accounting 9upervitlOl' Dote Approved 8)1 Tr.OIIpDttaUon S.rvk:.. T r.n.portation Admlnl.tratlon 6/2412005 4:2.1 PM Appr01icd By Getllld Kuru Tran,portlltion Services SenIor Englne.r DIle 812412005 5:Ofj PM Stotmwatet Menllgement Pet l.ohnhlltd Eu'c:utlv. Secretary D... Approved By TrSfUlportation ServIce. Tran.portatlon Servic.. Admin 8/25120059:04 AM Approved By OMB Coordinator COUnty Manager'. Office Admlnlatrllltlve A...I~lInt DIle om06 of Managoment & Budget 6/29120059:31 AM Da.. Approved By Mark laaoklion County Managot'.. OffIce Budget Analyst Offlcn of Managcmant & BudgDt 812Q/2005 10:31 AM Dalo Apprllved By Mich.1 Smykawaki County Manager's Office Manegmrmnt" Budlillllt Olf1lctor OiRell' of Management & Budge1 8/2912005 3; 41 PM County ManaQCllr Dot. Approved By Jamms V, Mudd Board of County Commls.jO~nl County Maluilgo-r'. Offleo 8/3012005 6:09 PM Agenda Item No. 16B9 September 13, 2005 Page 4 of 33 THIS DOCUMENT PREPARED BY & AFTER RECORDING RETURN TO: JAMES E.L. SEAY, ESQUIRE HOLLAND & KNIGHT LLP 200 South Orange Avenue. Suite 2600 Orlando, Florida 32801 407-425-8500 EXHIBIT A Page I of It) ......, c::::o <<= c.rI '- c: ,.- .,-. \.. ,,; 0(- ,-- '. '-- .,. 2, :<c: ITl ~~ 0____ ::n ~- 2": r":I.~' ::; c.n -a ------------.--.---------------[SPACE ABOVE THIS LINE FOR RECORDING DATA] ---------------::;; DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT a \.Cl (Easement Adjoining Lots) THIS DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT (hereinafter the "Drainage Agreement') is made this 1\ 1!2. day of July, 2005 between ROBERTO BOLLT, TRUSTEE OF LAND TRUST AGREEMENT RECORDED IN O,R. BOOK 1347, PAGE 2331, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, as Grantor, whose address is 3000 Orange Grove Trail, Naples, Florida 34120 (hereinafter "Bollt") and VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, INC" a Florida Corporation, as Grantee, whose post office address is 13100 West Links Terrace, Fort Myers, Florida 33913 (hereinafter "Valencia Lakes BOA") and COLLIER COUNTY, Florida, as Grantee, whose address is 2800 N, Horseshoe Drive, Naples, Florida (hereinafter "Collier County"), collectively the "Parties" to this Drainage Agreement. WHEREAS, BoHt is the owner of that certain tract of land located in Collier County, Florida (hereinafter the "Easement Property") described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, Valencia Lakes HOA is a not-for-profit corporation organized under the laws of the State of Florida, which pursuant to that certain Declaration of General Protective Covenants and Restrictions of Valencia Lakes HOA recorded in Official Records Book 1310, Page 1536, Public Records of Collier County, Florida (the "Declaration"), is required to maintain the storm water drainage and waterways located within the properties described in Collier County parcel identification number 00210440007 (the .'Property"), and which properties include the property described in the attached Exhibit .'A"; and WHEREAS, Collier County is requiring that this Drainage Agreement be entered into and recorded of record to bind BoUt and Valencia Lakes HOA hereto; and WHEREAS, the Parties wish to establish their respective rights and responsibilities relative to use and maintenance of, the drainage and maintenance easement. FTLDOCS 5112700 1 7/8/0S 1 Agenda Item No. 1689 September 13, 2005 Page 5 of 33 NOW, THEREFORE, it is agreed as follows: 1, BoUt, his successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Valencia Lakes HOA over and across the Easement Property described in the attached Exhibit "A" for the purpose of stonn water drainage and for the maintenance thereof; and to Collier County which shall have no responsibility for maintenance thereof. 2, No buildings, structures, or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property, except for storm water drainage purposes, without the consent of Collier County (which shall not be unreasonably withheld for non-habitable structures described in the last sentence of this paragraph, below) and as may be pennitted, in accordance with applicable law, by the agencies of Collier County and State and Federal governmental agencies, Subject to the limitations of the foregoing sentence, Bollt reserves unto himself, and his successors and assigns, the right to use the Easement Property, and to construct, place or permit, within the Easement Property, landscaping and irrigation facilities, and walls and fences, or other improvements, as may be required by applicable laws, codes and ordinances, including, without limitation, site plan approvals issued by governmental agencies 3, Valencia Lakes HOA shall bear the sole responsibility for and cost of the maintenance of the Easement Property, including but not limited to regular maintenance as may be required by any governmental agency having jurisdiction relative thereto, The Easement Property shall at all times be maintained in accordance with applicable code, 4, Collier County shall have the right of access and use of the Easement Property for the purpose of inspecting and maintaining same, However, Collier County shall have no obligation to maintain the Easement Property, 5, All members of Valencia Lakes HOA whose lots abut the Easement Property shall have the right to use thereof for the purpose of storm water drainage pW'Suant to the terms of the Declaration and governing ordinances, if any, 6. Intentionally Deleted, 7. This Drainage Agreement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the property included in the Declaration, and their successors and/or assigns, it being the intention of the Parties that this Agreement shall be perpetual. FTLDOCS 5112700 1 718105 2 Agenda Item No. 1689 September 13, 2005 Page 6 of 33 8. It is acknowledged and agreed that the easements granted under this Drainage Agreement are not exclusive easements and shall not limit the rights of Bollt to the use and enjoyment of the Easement Property in a manner which is not inconsistent with the easement rights granted to herein. 9, Nothing contained in this Drainage Agreement shall, in any way, be deemed to constitute a gift of or dedication of any portion of the Easement Property to the general public or for the benefit of the general public, it being the intention of the parties hereto that this Drainage Agreement shall be limited to and utilized for the purposes expressed herein, 10. Valencia HOA (the "Indemnifying Party") will defend, indemnify and hold the other Parties harmless from and against any and all actions, causes of action, claims, demands, liabilities, judgments, costs and expenses whatsoever [including, without limitation, attorneys' fees at trial and appellate levels), arising out of or as a result of the exercise or fulfillment by the Indemnifying Party or any individual or entity claiming by, through or under the Indemnifying Party, of the Indemnifying Party's rights or obligations hereunder, 11, No Party shall permit (and shall promptly satisfy or bond) any construction, mechanic's lien or other lien or encumbrance against the Easement Property, if such lien or encumbrance shall arise in connection with the exercise or fulfillment by such party (or any individual or entity claiming by, through or under such Party) of its rights or obligations hereunder. 12. The easements granted hereunder, or any covenant, restriction or undertaking contained herein, may be terminated or amended only by the recording of an appropriate document in the Public Records, executed by the Parties hereto or their respective successors and assigns, However, the recordation of a plat of the Easement Property shall not, in the absence of an express recitation therein describing this Drainage Agreement with the recording information and expressly providing for its termination or amendment, terminate or amend this Drainage Agreement. 13, No waiver of any breach of the provisions hereof shall be construed as, or constitute, a waiver of any other breach, or a waiver, acquiescence in or consent to any further or succeeding breach of the same, 14, This Drainage Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Florida, Nothing contained in this Drainage Agreement shall be deemed or construed, either by the Parties hereto or by any third party, to create the relationship of principal and agent or to create any partnership, joint venture or other association between the Parties, FTLDOCS 5112700 1 7/8/05 3 Agenda Item No. 1689 September 13, 2005 Page 7 of 33 15, In the event a Party brings suit to enforce any provision of this Drainage Agreement against another Party, the prevailing party shall be entitled to recover its costs and expenses (including, without limitation, reasonable attorneys' fees at trial and appellate levels), IN WITNESS WHEREOF, Grantor and Grantee(s) have hereunto set their hands and seals this day and year first written above. Signed, sealed and delivered Grantor: In our presence: f' / Witness one: ~ nnt Name: vlVti.A.r /I ~ Wltn11{ ~ Print ~e: .:J\D f( &h.~ STATE OF FLORIDA COUNTYOF D>u...-cot- ~ The foregoing instrument was acknowledged before me this l L - day of July, 2005, by Roberto Bollt, who is 00 personally known to me, or who ( ) presented as identification, Si~~C My Commission Expires: KIMBERLY P. RETALlICK MY COMMISSION' 00 212271 EXPIRES: June 28. 2rJJ7 BondId Thnl NoIIlY P\dC UrodIOWrl'*' FTLDOCS 5112700 1 718105 4 Agenda Item No. 1689 September 13, 2005 Page 8 of 33 Grantee (8): VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, INC. BY: ~~ ~Na Tit! , ~/Dlf ~ P' /Hfo/{7JtL 6 dtu,.JJ Wlm~ PrintN ~-r Ct.LJ~ STATE OF FLORIDA COUNTY OF J.-0? . ~t'regoing ins~~edged ~ore me this hay of U \1 . 2005, by mOn who is (~ personally own to me, or who ( ) presented as identification, Slgnature of Notary Public My Commission Expires: ~\\\\I"'"'III/ltlll ~\\t. 0, T ~ ,;tlll~ ~~" ........ v~ ~ I'''<-J,''~\OTA~j'.!QlA s ~.' ~ 'fr'.v: ~ ~... \~~ :: :.. C ~ (" ':: :: ,MY 0"'- .._,.; . - - - . Se ...". ""'..,rea ., - 3 : Plember 21, 2007: E S :. No. DO 2470lU ! f€ ~lP.... ... / ~.&~~\C ....-;...'r# ~;'~-O"'''''''~W~ '((;'11/ F F\.~... 111/f""I1I11"'~\ FTLDOCS S112700 1 718/05 5 ATTEST: DWIGHT E. BROCK, CLERK By: Approved as to form and legal sufficiency: J11i j ;l Assistant County Attomey F'l1..DOCS .5112290 6 7/11IOS Agenda Item No. 1689 September 13, 2005 Page 9 of 33 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Fred W. Coyle. CHAIRMAN COlLIER COUNTY. FLORIDA 6 Agenda Item No. 1689 September 13, 2005 Page 10 of 33 EXHIBIT" A" FTLDOCS 5112700 1 7/8/05 7 Agenda Item No. 16B9 September 13, 2005 RHODES &- RHODES LAND SURVEYING, INdage 11 of 33 JOHN SODfT RHODlCS, P,SM. mOMAS E. RHODlCS, p.8.M. 1440RAILHEADBLVD.#1 NAPLli8, FLORlDA94110 PHONE (2B9) 598"0510 FAX (gas) 698-0tJ81 PROPERTY DESCRIPTION DRAINAGE EASEMENT A PARCEL OF LAND LOCATED WITHIN SECTIONS 22 AND 27. TOWNSHIP 48 SOUTH. RANGE 27 EAST. COLLIER COUN1Y, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT TIlE SOUfHEAST CORNER OF LOT 8. BLOCK "C" . VALENCIA LAKES - PHASE 3-A, ACCORDING TO TIlE PLAT TIlEREOF RECORDED IN PLAT BOOK 37 AT PAGES 931HROUGH 97 (INCLUSIVE) OF TIlE PUBUC RECORDS OF COLLIER COUNlY. FLORIDA; THENCE soum 01050'49" WEST. A DISTANCE OF 57,31 FEET TO A POINT ON TIlE NORTIlERLY RIGHT-OF-WAY LINE OF RANDALL BOULEVARD; THENCE NORTH 88009'11" WEST. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE. A DISTANCE OF 1,920.97 FEET TO TIlE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE NORm 88009'11" WEST. A DISTANCE OF 15.00 FEET; THENCE NORm 01051'42" EAST, A DISTANCE OF 10,64 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE WESTERLY. 10.55 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE NORTHERLY. HAVING A RADIUS OF 15,00 FEET, THROUGH A CENTRAL ANGLE OF 40018'20" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 82000'52" WEST. 10.34 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE WESTERLY. 145.00 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOurHERLY. HAVING A RADIUS OF 354.18 FEET, TIlROUGH A CENTRAL ANGLE OF 23027'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTIl 89006'07" WEST, 143.99 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORllIWESTERLY. 39.90 FEET ALONG TIlE ARC OF A CIRCULAR CURVE, CONCAVE NORTIiEASTERLY, HAVING A RADIUS OF 15,00 FEET, TIlROUGH A CENTRAL ANGLE OF 152024'55" AND BEING SUBTENDED BY A CHORD WIDCH BEARS NORTH 24037'21" WEST. 29.13 FEET TO A POINT OF TANGENCY; TIlENCE NORTH 51035'06" EAST. A DISTANCE OF 196,54 FEET TO A POINT OF CURVATURE; 1HENCE EASTERLY. 18.40 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE SOU1HERLY, HAVING A RADIUS OF 15,00 FEET. THROUGH A CENTRAL ANGLE OF 70016'36" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORm 86043'24" EAST. 17.27 FEET TO A NON- TANGENTIAL LINE; THENCE NORTH 01051'42" EAST. A DISTANCE OF 642.05 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE WESTERLY, 4,61 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE NORTIlERL Y. HAVING A RADIUS OF 12,00 FEET. TIlROUGH A CENTRAL ANGLE OF 22001'34" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 80051'02" WEST. 4.58 FEET TO A POINT OF TANGENCY; THENCE NORm 88008'11" WEST, A DISTANCE OF 54.89 FEET TO A POINT OF CURVATURE; lHENCE NORTHWESTERLY. 27,14 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE NORTHEASTERLY. HAVING A RADIUS OF 12,00 FEET, THROUGH A CENTRAL ANGLE OF 129035'44" AND BEING SUBTENDED BY A CHORD WIDCH BEARS NORTH 23020'19" WEST. 21.72 FEET TO A POINT OF REVERSE CURVATURE; lHENCE NORTIffiASTERLY. 87,34 FEET ALONG TIlE ARC OF A CIRCULAR CURVE. CONCAVE NORTIlWESTERL Y. HAVING A RADIUS OF 2.976,79 FEET. lHR.OUGH A CENTRAL ANGLE OF 01040'52" AND BEING SUBTENDED BY A CHORD WIDCH BEARS NORTIl 40037'07" EAST, 87.33 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY, 15,52 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE SOUTIIERL Y. HAVING A RADIUS OF 12.00 FEET, THROUGH A CENTRAL ANGLE OF 74006'29" AND BEING SUBTENDED BY A CHORD WlDCH BEARS NORTH 76049'55" EAST. 14.46 FEET TO ANON-TANGENTIAL LINE; THENCE NORm 01051'42" EAST. A DISTANCE OF 45,70 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE NORllfEASTERLY. 25,09 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 2,957,79 FEET. THROUGH A CENTRAL ANGLE OF 00029'10" AND BEING SUBTENDED BY A CHORD WIDCH BEARS Z;\word-docs\LEGALS\LEGAL DESCRlPI10NS\orangetree\03-35de.doc Page 1 of2 Agenda Item No. 16B9 September 13, 2005 RHODES & RHODES LAND SURVEYIN~ INdage 12 of 33 JOHN SooTT RHODES- P.SH. 11I0MAS E. RHODES- P.8.M 1440 RAIL HEAD BLVD. #1 NAPLES, FLORIDA 94110 PHONE (289) 593-0570 FAX (239) 699-0581 PROPERlY DESCRIPTION (CONTINUED) NORTH 38034142" EAST, 25.09 FEET TO A NON-TANGENTIAL LINE; THENCE SOurH 01051'42" WEST, A DISTANCE OF 959.62 FEET TO TIlE POINT OF BEGINNING. CONTAINING 33,731 SQUARE FEET OR 0,774 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND/OR RESERVATIONS OF RECORD. BEARINGS ARE BASED ON nIB NORTIfERLY RIGHf-OF-WAY LINE OF RANDALL BOULEVARD, AS BEINGN. 88009'11 W. (ASSUMED). RHODES & RHODES LAND SURVEYING, INC, FLORIDA BUSINESS AUTHORIZATION NO. LB 6897 7~~~' ~-~ vi? Thomas:E Rho<res,-~r, ~..- Profeasianal Srifv4'or ~ ~per State of'FIOJida, Li~-Nmi1ber 5854 /~-.... .._----_..~... ....-:;. NOT V ALiliwmKfur-nm SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER R&R FILE NO, 2003-35DE DATE: 08/10/20050 Z:\word-docs\LEGALS\LEGAL DESCRIPTIONS\orangetree\03-35de.doc Page 2 of2 Cl'lLOM Cll8M ;eNO . OM OC")~ Z~ ...Ql EQlCl Ql.o <1l .:::EQ.. tt1$ "00. C:Ql <:DC/) Jl i 4 N -'- '_'" _~~ :f I --rtl--...- C"~ I ~ -_..._.._~ ~ ~ ~ ---_:s1;j ~) g~ ~.-"~ ~ ,~ ' . ! ~ ._,,- ., ------} , ~~ ~ I i --~~-J . I II: ' ~~ ~ I ; --_..._..__...._.-~-i ~ ~~ . :- l,' C"~ C"~ C"~ :f I ~~ Ill; ~~ i\ f6 r.j" !i~ ..,. 10.. ~e. ~ti 0. ~z VlO 1.&.1_ Ce-o ~p., 0::_ .Q:: LJ./U ~ ~i ~ ~~ ~ ~~ !i~ o! U\!! Ul1\ ".' . <..~ .> --. \J ..... :~.~~. -:.. ~<.: . tk:. ..' ~~. _ $2liJi. . -s~- .. ......_ cd!! . F.~'-'" ~l!S '> ::.; L:: ;; II ~ ..-----..--------- ~ 't C"~ " C"~ II11 ! I;~mi .... . cJaI ~~~~ ~ ~ .. -~...._---._.__. /JER(;W()r LANE TRACT -,c- -,- I ~:4U1\"".A ~ - PlII.SI: $'-04 "'''''i fJO()f( or PAGES ---t- t'l C"~ .".~ I : I>~ CO i I~ :::J')li ~ "-.'-"-"-"- '-"-"- 7Jiwr- , .~ ~ WI! ./JDl) _ _ _ awtn'lt'.W 7'IMJ'Mt -----~-------------- --- :iln"~lr.li, --- "''''' .... m',,, , ~III_ 'IMp_t~-NlV'W1IIlIZW8.\UINCO'i)IAQ\IoI1lav::>\'\'Z Agenda Item No. 1689 September 13, 2005 Page 14 of 33 ~ ro. c:::J ... , c:J'\ S2 Oi . c.... '-- "iJi.,., ~E~~~~~:GR~~~~~ ~6:& ;= ~ ~ JAMES E.L SEAY, ESQUIRE EXHIBIT ~ U\ HOLLAND & KNIGHT LLP !2. ~ 0 200 South Orange Avenue, Suite 2600 Page I tJf 8 ..." -i -r: Orlando, Florida 32801 :x S3'-> 407-425-8500 -7:" z:. ff --------------------[SPACE ABOVE THIS LINE FOR RECORDING DATAJ------------ ~~-_.--- DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT (Easement Adjoining Lots) THIS DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT (hereinafter the "Drainage Agreement') is made this \ \ of)::l. day of July, 2005 between ROBERTO BOLLT, TRUSTEE OF LAND TRUST AGREEMENT RECORDED IN O.R. BOOK 1347, PAGE 2331, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, as Grantor, whose address is 3000 Orange Grove Trail, Naples, Florida 34120 (hereinafter "BoUt") and VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, INC" a Florida Corporation, as Grantee, whose post office address is 13100 West Links Terrace, Fort Myers, Florida 33913 (hereinafter "Valencia Lakes HOA") and COLLIER COUNTY, Florida, as Grantee, whose address is 2800 N, Horseshoe Drive, Naples, Florida (hereinafter "Collier County"), collectively the "Parties" to this Drainage Agreement. WHEREAS, Bollt is the owner of that certain tract of land located in Collier County, Florida (hereinafter the "Easement Property") described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, Valencia Lakes HOA is a not-for-profit corporation organized under the laws of the State of Florida, which pursuant to that certain Declaration of General Protective Covenants and Restrictions of Valencia Lakes HOA recorded in Official Records Book 1310, Page 1536, Public Records of Collier County, Florida (the "Declaration"), is required to maintain the storm water drainage and waterways located within the properties described in Collier County parcel identification number 00210440007 (the "Property"), and which properties include the property described in the attached Exhibit "A"; and WHEREAS, Collier County is requiring that this Drainage Agreement be entered into and recorded of record to bind Bollt and Valencia Lakes HOA hereto; and WHEREAS, the Parties wish to establish their respective rights and responsibilities relative to use and maintenance of the drainage and maintenance easement. FTLDOCS 5112700 1 7/8/05 1 Agenda Item No. 1689 September 13, 2005 Page 15 of 33 NOW, THEREFORE, it is agreed as follows: 1, Bollt, his successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Valencia Lakes HOA over and across the Easement Property described in the attached Exhibit "A" for the purpose of storm water drainage and for the maintenance thereof; and to Collier County which shall have no responsibility for maintenance thereof. 2, No buildings, structures, or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property, except for storm water drainage purposes, without the consent of Collier County (which shall not be unreasonably withheld for non-habitable structures described in the last sentence of this paragraph, below) and as may be permitted, in accordance with applicable law, by the agencies of Collier County and State and Federal governmental agencies, Subject to the limitations of the foregoing sentence, Bollt reserves unto himself, and his successors and assigns, the right to use the Easement Property, and to construct, place or permit, within the Easement Property, landscaping and irrigation facilities, and walls and fences, or other improvements, as may be required by applicable laws, codes and ordinances, including, without limitation, site plan approvals issued by governmental agencies 3. Valencia Lakes HOA shall bear the sole responsibility for and cost of the maintenance of the Easement Property, including but not limited to regular maintenance as may be required by any governmental agency having jurisdiction relative thereto, The Easement Property shall at all times be maintained in accordance with applicable code, 4, Collier County shall have the right of access and use of the Easement Property for the purpose of inspecting and maintaining same, However, Collier County shall have no obligation to maintain the Easement Property, 5, All members of Valencia Lakes HOA whose lots abut the Easement Property shall have the right to use thereof for the purpose of storm water drainage pursuant to the terms of the Declaration and governing ordinances, if any. 6. Intentionally Deleted, 7, This Drainage Agreement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the property included in the Declaration, and their successors and/or assigns, it being the intention of the Parties that this Agreement shall be perpetual. FTLDOCS 5112700 1 7/8/05 2 Agenda Item No. 1689 September 13, 2005 Page 16 of 33 8, It is acknowledged and agreed that the easements granted under this Drainage Agreement are not exclusive easements and shall not limit the rights of Bollt to the use and enjoyment of the Easement Property in a manner which is not inconsistent with the easement rights granted to herein, 9, Nothing contained in this Drainage Agreement shall, in any way, be deemed to constitute a gift of or dedication of any portion of the Easement Property to the general public or for the benefit of the general public, it being the intention of the parties hereto that this Drainage Agreement shall be limited to and utilized for the pwposes expressed herein, 10. Valencia ROA (the "Indemnifying Party") will defend, indemnify and hold the other Parties harmless from and against any and all actions, causes of action, claims, demands, liabilities, judgments, costs and expenses whatsoever [including, without limitation, attorneys' fees at trial and appellate levels), arising out of or as a result of the exercise or fulfillment by the Indemnifying Party or any individual or entity claiming by, through or under the Indemnifying Party, of the Indemnifying Party's rights or obligations hereunder, 11. No Party shall permit (and shall promptly satisfy or bond) any construction, mechanic's lien or other lien or encumbrance against the Easement Property, if such lien or encumbrance shall arise in connection with the exercise or fulfillment by such party (or any individual or entity claiming by, through or under such Party) of its rights or obligations hereunder, 12, The easements granted hereunder, or any covenant, restriction or undertaking contained herein, may be terminated or amended only by the recording of an appropriate document in the Public Records, executed by the Parties hereto or their respective successors and assigns, However, the recordation of a plat of the Easement Property shall not, in the absence of an express recitation therein describing this Drainage Agreement with the recording information and expressly providing for its termination or amendment, terminate or amend this Drainage Agreement. 13. No waiver of any breach of the provisions hereof shall be construed as, or constitute, a waiver of any other breach, or a waiver, acquiescence in or consent to any further or succeeding breach of the same. 14, This Drainage Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Florida. Nothing contained in this Drainage Agreement shall be deemed or construed, either by the Parties hereto or by any third party, to create the relationship of principal and agent or to create any partnership, joint venture or other association between the Parties, FTLDOCS 5112700 I 718105 3 Agenda Item No. 1689 September 13, 2005 Page 17 of 33 15, In the event a Party brings suit to enforce any provision of this Drainage Agreement against another Party, the prevailing party shall be entitled to recover its costs and expenses (including, without limitation, reasonable attorneys' fees at trial and appellate levels). IN WITNESS WHEREOF, Grantor and Grantee(s) have hereunto set their hands and seals this day and year first written above. Signed, sealed and delivered In our presence: Grantor: w~~ ~nt Name: ~ e,"UII;JU' n1kuftL wn~ Print Name: .:sc.(f (5;k'5 STATE OF FLORIDA COUNTY OF CoL-US'e- ~ The foregoing instrument was acknowledged before me this ~ day of July, 2005, by Roberto Bollt, who is (I() personally known to me, or who ( ) presented as identification, Si~~ My Commission Expires: tJ'Hl'" KlMlSA\.Y P. NTALLICIC : '~i~ MY' COMMiSSION' 00 111111 ~ ~J EXPIReS: JlN II, tf#! ~. 1IWlId_~""\MMllIM FTLDOCS 5112700) 718/05 4 Agenda Item No. 1689 September 13, 2005 Page 18 of 33 Grantee (s): Ik~ (l,U,'....s" VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, INC, BY:~ Onto _ :::rOSIf/t/J/Ir() " ;:::ruts IOftVj . Witnes~ Print Name: ~....-;- C.-.= STATE OF FLQRID_A COUNTY OF L..GL ..jJe foregoing instrument ~ bQ:i me this ~ day of ;k , 2005, by '5 D who is <-1 personally own to me, or who ( ) presented as IdentificatIon. \\\\\\\11111I/1;11/11 ~,\,\\ O. T R I /11111/, ~""~"'''''''''~~r\~ ,f<V~'~OTA~);:~C'\ ~~.. '.~'~ 'Ii":' .\;;.~ :::~. .,-.... ~ f My Comm. E.ol:pirel ': r- ~ g : September 21, 2O(J7 i E i',. No. 00 247094 :' ~ ~lO'" .: i ~ ?-" 1:1I _ r- .'-~ ~ ~ "0: .lJtit ~'" " Q'~ 'II~/~)'o~O"'" ~ '0' ~~,~ ~"'I ~!', ~ \\*~ '/~/11:~I.IUa"\\\\ S gnatflre of Notary Public My Commission Expires: FTLDOCS 5112700 1 718/05 5 ATTEST: DWIGHT E. BROCK. CLERK By: Approved as to form and legal sufficiency: ,fA) II- ~,~1on Assistant County Attorney FI'LDOCS 5112290 Ii 7/11~5 Agenda Item No. 1689 September 13, 2005 Page 19 of 33 BOARD OF COUNTY COMMISSIONERS OF COILlER COUN'IY, FLORIDA By: Fred W, Coyle, CHAIRMAN COlLIER COUNTY, FLORIDA 6 Agenda Item No. 1689 September 13, 2005 Page 20 of 33 EXHIBIT "A" FTLDOCS 5112700 1 7/8/05 7 !Il ~ ... ~' ~ iii Q~ 1 i ~ ~~~~f ~~~h.~~ i ~~.~~~ ~ ; ~ 1~~"'~~~~'~~2~~~~.ii~~!~~r ~ ~ ~ ~~~~-~~~~~~~~~~i~!iI~I~~~i ~~ ~ ~ ti~i~~!~!:~!;~;!i~~i=!~iili; ~ ~ ~1~1;~!~;~~~5:e~~II~I~~~~I~~ ~ i ~ :~~~~;!~;~ i~~i~~.~~~~~~~~i ~ ~ ~ !It!~I~~;~I!~ij~~il&5~.i!.!~~ ~ i ~ ~ ~tl~~~ 'I~.i~h~~~!l!kf~.~~~~.h ~ i ~ ! ;~~:~~~:~i~~~~~~~~~~ii.~~~~! ~ I ~ I ......~~~ '~~~~i~~~~'" -~~ ~~~~~ ~ I ~ ~~ ~i~~i~iii~lr;I~~~i~;i~~!~~~1 ~! i ~i !~!I';!~;;II;~~!~!I~;i!;I!~i; ; I i ..~ ~ . ~ Ill'; ..,tJ;.; ~ ~... III ~. I !i ~U !iU!~~~~~i;!nn;iUm ; Iii ~ ~~ g~.~i~l~hU{~~~U~"'.h.bnll ~ ~ i !i ~~I~il~.I:~~ii~~;uhuhnll ~ ! !! :-.1 \ I, Vl llJ o gz 0::0 I.JE: Vl e:... '" ~ Q:: ~ ~"". o~~ !::I;:l~ ~~ _--u ~ .' z -=->-- -< ' ,- \J ~~ :.~ ! ~~. ~: E'-<: ~:: .. < CD' '. ,l~k. - ;.t:l- ~. ~ ~ . :>: ~~ OJ ~g :.: ~ .... - 00 , I() ~!?? ~-'" ~~: ~5;l", <::l~'" ~~ - -, ~ ~.~ ~'f>..;" :::!~It) /2 ~~:- ~ Cl: ? cq~:110 :: ~ '" OJ'i ~ ;~ ~ 01 ~~tl:l-'- '*' It) :>:114- - olll,~"(;j 14VTVj ~~~ ~::S::J , ~ ~ ~ ~ V) "l: .... e ~ \ -" .-----.. -- --_.~ . .-~- ,"'.I .'.....:,...--.----.. I ~.. . ~ ---J-- Z -'ii"tjj~Jr w ."'01'1 -'.K~ .."" , , ~.i~ ~~ ~..... ..~~ I~!!I! I' I, uaS Mq~ ma..a..ea. .1 01:1:1 'N9FLCI ~III-- ....--~I_-LIS.LV1411i12Yl18\LIN<X:I\Dh\O\~llIaVJV\:z I " Agenda Item No. 1689 September 13, 2005 Page 22 of 33 THIS DOCUMENT PREPARED BY: JAMES E.L. SEAY, ESQUIRE HOLLAND & KNIGHT LLP 200 South Orange Avenue, Suite 2600 Orlando, Florida 32801 407-425-8500 AFTER RECORDING RETURN TO: BRUCE R, ANDERSON, ESQUIRE ROETZEL & ANDRESS 850 Park ShOl'8 Drive, 3td Floor Naples. Florida 34103 239-649-6200 EXHIBIT t Page , of /2- .........._............................_._.....__.... {SPACE ABOVE THIS LINE FOR RECORDING DATA] ............,.-.....,......,.,......-...---...-.... DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT (Lake) THIS DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT (hereinafter the "Drainage Agreement') is made this /d, t:4..day of August, 2005 between ROBERTO BOLLT, TRUSTEE OF LAND TRUST AGREEMENT RECORDED IN O,R, BOOK 1347, PAGE 2331, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, as Grantor, whose address is 3000 Orange Grove Trail, Naples, Florida 34120 (hereinafter "BoUt") and VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, INC" a Florida Corporation, as Grantee, whose post office address is 13100 West Links Terrace, Fort Myers, Florida 33913 (hereinafter ''Valencia Lakes HOA") and COLLIER COUNTY, Florida, as Grantee, whose address is 2800 N, Horseshoe Drive, Naples, Florida (hereinafter "Collier County"), collectively the "Parties" to this Drainage Agreement. WHEREAS, Bollt is the owner of that certain tract of land located in Collier County, Florida (hereinafter the "Easement Property") described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, Valencia Lakes HOA is a not-for-profit corporation organized under the laws of the State of Florida, which pursuant to that certain Declaration of General Protective Covenants and Restrictions of Valencia Lakes ROA recorded in Official Records Book 1310, Page 1536, Public Records of Collier County, Florida (the "Declaration"), is required to maintain the storm water drainage and waterways located within the properties described in Collier County parcel identification number 00210440007 (the "Property"), and which properties include the property described in the attached Exhibit "A"; and WHEREAS, Collier County is requiring that this Drainage Agreement be entered into and recorded of record to bind BoUt and Valencia Lakes ROA hereto; and 1 Agenda Item No. 16B9 September 13, 2005 Page 23 of 33 WHEREAS, the Parties wish to establish their respective rights and responsibilities relative to use and maintenance of the drainage and maintenance easement, NOW, THEREFORE, it is agreed as follows: 1. Bollt, his successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Valencia Lakes HOA over and across the Easement Property described in the attached Exhibit "A" for the purpose of storm water drainage and for the maintenance thereof; and to Collier County which shall have no responsibility for maintenance thereof, 2, No buildings, structures, or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property, except for storm water drainage purposes, without the consent of Collier County (which shall not be unreasonably withheld for non-habitable structures such as boat docks and the items described in the last sentence of this paragraph, below) and as may be permitted, in accordance with applicable law, by the agencies of Collier County and State and Federal governmental agencies, Subject to the limitations of the foregoing sentence, BoHt reserves unto himself, and his successors and assigns, the right to use the Easement Property, and to construct, place or permit, within the Easement Property, amenities in connection with the use, enjoyment, development or ownership of lands adjoining the Easement Property, including non-habitable structure uses, and water-related uses such as boat docks, pilings, ramps, fences and irrigation and equipment, 3, Valencia Lakes HOA shall bear the sole responsibility for and cost of the maintenance of the Easement Property, including but not limited to regular maintenance as may be required by any governmental agency having jurisdiction relative thereto, The Easement Property shall at all times be maintained in accordance with applicable code, 4. Collier County shall have the right of access and use of the Easement Property for the purpose of inspecting and maintaining same, However, Collier County shall have no obligation to maintain the Easement Property. 5, All members of Valencia Lakes HOA whose lots abut the Easement Property shall have the right to use thereof for the purpose of storm water drainage pursuant to the terms of the Declaration and governing ordinances, if any, 6, Intentionally Deleted. 7. This Drainage Agreement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the 2 Agenda Item No. 1689 September 13, 2005 Page 24 of 33 property included in the Declaration, and their successors and/or assigns, it being the intention of the Parties that this Agreement shall be perpetual. 8. It is acknowledged and agreed that the easements granted under this Drainage Agreement are not exclusive easements and shall not limit the rights of BoUt to the use and enjoyment of the Easement Property in a manner which is not inconsistent with the easement rights granted to herein. 9, Nothing contained in this Drainage Agreement shall, in any way, be deemed to constitute a gift of or dedication of any portion of the Easement Property to the general public or for the benefit of the general public, it being the intention of the parties hereto that this Drainage Agreement shall be limited to and utilized for the purposes expressed herein, 10, Valencia HOA (the "Indemnifying Party") will defend, indemnify and hold the other Parties harmless from and against any and all actions, causes of action, claims, demands, liabilities, judgments, costs and expenses whatsoever (including, without limitation, attorneys' fees at trial and appellate levels), arising out of or as a result of the exercise or fulfillment by the Indemnifying Party or any individual or entity claiming by, through or under the Indemnifying Party, of the Indemnifying Party's rights or obligations hereunder, 11. No Party shall permit (and shall promptly satisfy or bond) any construction, mechanic's lien or other lien or encumbrance against the Easement Property, if such lien or encumbrance shall arise in connection with the exercise or fulfillment by such party (or any individual or entity claiming by, through or under such Party) of its rights or obligations hereunder. 12, The easements granted hereunder, or any covenant, restriction or undertaking contained herein, may be terminated or amended only by the recording of an appropriate document in the Public Records, executed by the Parties hereto or their respective successors and assigns. However, the recordation of a plat of the Easement Property shall not, in the absence of an express recitation therein describing this Drainage Agreement with the recording information and expressly providing for its termination or amendment, terminate or amend this Drainage Agreement. 13. No waiver of any breach of the provisions hereof shall be construed as, or constitute, a waiver of any other breach, or a waiver, acquiescence in or consent to any further or succeeding breach of the same, 14, This Drainage Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Florida, Nothing contained in this Drainage Agreement shall be deemed or construed, either by the Parties hereto or by any 3 Agenda Item No. 1689 September 13, 2005 Page 25 of 33 third party, to create the relationship of principal and agent or to create any partnership, joint venture or other association between the Parties, 15. In the event a Party brings suit to enforce any provision of this Drainage Agreement against another Party, the prevailing party shall be entitled to recover its costs and expenses (including, without limitation, reasonable attorneys' fees at trial and appellate levels), IN WITNESS WHEREOF, Grantor and Grantee(s) have hereunto set their hands and seals this day and year first written above. Signed, sealed and delivered In our presence: Gr:& ~_ ROBERTO BOLLT, TRUSTEE Witness one: ~~~ STATE OF FLORIDA COUNTY OF c...c~ ~ ) )S8: ) The foregoing instrument was acknowledged before me this 11~ day of August, 2005, by Roberto BoUt, who is (() personally known to me, or who ( ) presented as identification. G)"'~ KIMBERLY p, RSTALUCK i ! MY COMMISSION. DO 212271 , EXPIRES: June 28, 2007 4if.. . Bonded nUll NOlIlry Public lJndIrwrftorl Vv\~ Signature of Notary Public My Commission Expires: 4 Agenda Item No. 1689 September 13, 2005 Page 26 of 33 Grantee (s): VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, NC, }Vit;ness one: I A ~ WV). ~. #aKY)j i.hM._ PrintName:_ ~sstw~ :! Print~: ~. ~~ .....-t.5 STATE OF FLORIDA ) )S8: COUNTYOF C04L/~ ) The foregoi~ instrument was acknowledged before me this /~~day of August, 2005, by ~+e v~ i l ;'~YlQ.S who is ( ) personally known to me, or who j0 presented 'L- 'v. r'3 LJ'''~n as identification, '/l2 Signature Notary Public My Com lssion Expires: ...~ MARYLOUBREAZ ;~ MY COMMISSION' DO 416538 , EXPIRES: August 7, 2009 IIondId 1lwu NcMIy PtilIlc ~ 5 ATTEST: DWIGHT E. BROCK, CLERK By: Approved as to form and legal sufficiency: tl..J..f-f- ~ton Assistant County Attorney "' 478520(Use Finn's Default)1 8/1212005 Agenda Item No. 1689 September 13, 2005 Page 27 of 33 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Fred W, Coyle, CHAIRMAN COLLIER COUNTY, FLORIDA 6 Agenda Item No. 1689 September 13, 2005 Page 28 of 33 EXHIBIT "A" 7 Agenda Item No. 1689 September 13, 2005 RHODES & RHODES LAND SURVEYING I INe. Page 29 of 33 JOHN SOOTJ' RHOD&9, P.8.M. T.HOMAB 8. RHODllS, PeN. 1440 RAIL HBAJJ BL Y.l), #1 NAP.LIJlS. JI'LO/lIDA 84110 PHONlI fI8II) 1JIJIJ-DiJ'IO FAX fI8II) 1JtI6-<<J81 PROPERTY DESCRIPTION DRAINAGE AND MAINTENANCE EASEMENT ALL TIiAT PART OF SECTION 23, TOWNSlDP 48 SO~ RANGE 27 EAST, COLLIER COUNIY, FLORIDA, BEING MORE PARTICULARLY DESCRlBED AS FOLLOWS; BEGINNING AT TIm SOUTIlEAST CORNER OF LOT 10, ORANGE1REE UNIT TWO CITRUS GREENS SECTION, PHASE 4-A, PLAT BOOK 14, PAGE 113, PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA; lHENCE SOUm: 4~53'08" EAST 170,65 FEET; TIIENCE EASlERL Y 444.14 FEET ALONG TIIE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADros OF 297,63 FEET lHROUGH A CENTRAL ANGLE OF 8503<YOO" AND BEING SUBTENDED BY A CHORD WIDCH BEARS NORm 87<>21'52" EAST 404.07 FEET; TIlENCE NORm 44036'52" EAST 53.75 FEET; lHENCE NORTIlERL Y 422.26 FEET ALONG TIlE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY HAVING A RADIDS OF 295,04 FEET THROUGH A CENTRAL ANGLE OF 82WOO" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORm 03036'52" EAST 387.13 FEET; lHENCE NORTIi 37<>23'08" WEST 181.99 FEET; TIIENCE NORm 44036'52" EAST 51.71 FEET; lHENCE NORTIffiASTERLY 386.55 FEET ALONG TIlE ARC OF A CIRCULAR CURVE CONCA VB SOUTIlEASTERL Y HAVING A RADIDS OF 871.33 FEET TIIROUGH A CENTRAL ANGLE OF 25<>25'06" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTII 57019'25" EAST 383.39 FEET; THENCE ALONG A NON-TANGENTIAL LINE SOUTIlI9<>23'08" EAST 470,08 FEET; lHENCE SOUIHEASTERLY, EASTERLY AND NORTHEASTERLY 1055.01 FEET ALONG TIm ARC OF A CIRCULAR CURVE CONCAVE NORlHERL Y HAVING A RADIUS OF 456.21 FEET THROUGH A CENTRAL ANGLE OF 132030'00" AND BEING SUBTENDED BY A CHORD WIDCH BEARS SOUTH 85038'08" EAST 835.14 FEET; lHENCE NORlH 28006'52" EAST 60.49 FEET; lHENCE NORTHERLY 465.86 FEET ALONG lHE ARC OF A CIRCULAR CURVE CONCAVE WESTERL Y HAVING A RADIUS OF 1482,89 FEET nIROUGH A CENlRAL ANGLE OF 18000'00" AND BEING SUBTENDED BY A CHORD wmCH BEARS NORm 1~06'52" EAST 463.95 FEET; THENCE NORTH 10006'52" EAST 90,00 FEET; THENCE NORTHERLY 241.14 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1083.65 FEET THROUGH A CENTRAL ANGLE OF 12045'00" AND BEING SUBTENDED BY A CHORD WInCH BEARS NORTH 03044'22" EAST 240,65 FEET; TIlENCE NORm 02038'08" WEST 327.07 FEET; TIJENCE sourn 89053'08" EAST 325.28 FEET; TIlENCE sourn 00006'52" WEST 0,97 FEET; THENCE SOUTIIEASTERL Y 198,14 FEET ALONG mE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUlHWESTERL Y HAVING A RADWS OF 120.00 FEET THROUGH A CENTRAL ANGLE OF 94036'22" AND BEING SUBTENDED BY A CHORD wmCH BEARS sourn 35018'11" EAST 176.39 FEET; TIlENCE SOUTH 12000'00" WEST 308.21 FEET; THE SOUTIiERLY 318.91 FEET ALONG 1HE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 480,00 FEET THROUGH A CENlRAL ANGLE OF 38004'00" AND BEING SUBlENDED BY A CHORD wmCH BEARS sourn 07002'()()" EAST 313,07 FEET TO A POlNT OF REVERSE CURVATURE; 1HENCE SOUlHERL Y 127.67 FEET ALONG 1HE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY HAVING A RADIUS OF 520.00 FEET THROUGH A CENTRAL ANGLE OF 14004'00" AND BEING SUBTENDED BY A CHORD wmCH BEARS sourn 19002'00" EAST 127,35 Z:\word-docs\LEGALS\LEGAL DESCRIPTlONS\orangetree\2DOO-1050update1,doc Page 1 of4 Agenda Item No. 16B9 September 13, 2005 RHODES & RHODES LAND SURVEYING, INC. Page 30 of 33 JOHN SCOTI' RHODES, P.SM. THOMAS E. RHODES, PSM. 1440RAlLHEADBLVD. #1 N.APLJJ:S, FLOllIDA 84110 PHONE (IafA) 11tJ8-(J6'1O PAC (IafA) 11tJ8-D/J81 PROPERTY DESCRIPTION (CONTINUED) FEET; THENCE SOUTH 12000'00" EAST, A DISTANCE OF 205,50 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE SOUlHERLY, 213.57 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCA VB EASTERL Y, HAVING A RADIUS OF 190,00 FEET, TIlROUGH A CENTRAL ANGLE OF 64024'14" AND BEING SUBTENDED BY A CHORD WInCH BEARS soum 13012'59" EAST, 202.50 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE SOUTIlEASTERL Y, 78.58 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERL Y, HAVING A RADIUS OF 250,00 FEET, THROUGH A CENTRAL ANGLE OF 18000'30" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 46028'30" EAST, 78,25 FEET TO A POINT OF REVERSE CURVATIJRE; THENCE SOUlHERLY, 518.29 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCA VB WESTERL Y, HAVING A RADIUS OF 200.00 FEET. THROUGH A CENTRAL ANGLE OF 148028'45" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 18045'37" WEST. 384.96 FEET TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY, 269.27 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTIlERLY. HAVING A RADIUS OF 350,00 FEET, THROUGH A CENTRAL ANGLE OF 44004'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS soum 70057'35" WEST, 262.68 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY, 214.70 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 765.00 FEET. TIfROUGH A CENTRAL ANGLE OF 16004'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 56057'35" WEST, 214,00 FEET; THENCE SOUTH 65000'00" WEST, A DISTANCE OF 300,00 FEET TO A POINT OF CURVATURE; THENCE SOUTHERtY, 471.24 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERL Y, HAVING A RADIUS OF 300.00 FEET, lHROUGH A CENTRAL ANGLE OF 90000'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 20000'00" WEST, 424.26 FEET; THENCE SOUTII 25000'00" EAST, A DISTANCE OF 200,00 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY, 213,80 FEET ALONG TIlE ARC OF A CIRCULAR CURVE. CONCA VB NORTHEASTERLY, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 35000'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 42030'00" EAST, 210.49 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY, 1,222.49 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTIIWESTERL Y. HAVING A RADIUS OF 323,72 FEET, lHROUGH A CENTRAL ANGLE OF 216<>22'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 48011'06" WEST, 615.10 FEET; THENCE NORTH 23037'47" WEST. A DISTANCE OF 48.77 FEET TO A POINT OF CURVATURE; THENCE NORTIIWESTERL Y, 358,68 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTIIWESTERL Y, HAVING A RADIUS OF 300.00 FEET, TIlROUGH A CENTRAL ANGLE OF 68030'10" AND BEING SUB TENDED BY A CHORD WHICH BEARS NORTII 57052'52" WEST, 337,69 FEET; THENCE SOUTH 87052'03" WEST, A DISTANCE OF 289.50 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY, 408.96 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 167,21 FEET, THROUGH A CENTRAL ANGLE OF 140007'56" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 22003'59" WEST, 314.38 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY, 450,82 FEET ALONG THE ARC OF A Z:\word-docs\lEGAl..S\lEGAL DESCRIPTlONS\orangetree\2000-1050update1,doc Page 2014 Agenda Item No. 1689 September 13. 2005 RHODES &- RHODES LAND SURVEYING 1 INe. Page 31 of 33 ,JOHN SCOTT RHODJI:S, P.8.M. THOMAS 1J. RHODJIS, PSM. 1440 RAlL IlllADBLYD. #1 NAPLllB, FLOIl/DAIHJ10 PHON.II tMa> 1lIJ8-tJ6'TtJ PM tMa> tJ1JlI-fJIJ81 PROPERTY DESCRIPTION (CONI1NUED) CIRCULAR CURVE, CONCA VB WESTERLY, HA VJNG A RADrnS OF 315,00 FEET, THROUGH A CENTRAL ANGLE OF 81059'59" AND BEING SUBTENDED BY A CHORD WIDCH BEARS NORTH 06059'59" EAST, 413.32 FEET; THENCE NORTH 34000'00" WEST, A DISTANCE OF 60,00 FEET TO A POINT OF CURVATURE; THENCE WESTERLY, 551.87 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HA VlNG A RADIDS OF 372,00 FEET, THROUGH A CENTRAL ANGLE OF 85000'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 76030'00" WEST, 502.64 FEET; THENCE SOUTH 61000'00" WEST, A DISTANCE OF 155.00 FEET TO A POINT OF CURVATURE; TIffiNCE WESTERLY, 502.66 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 300,00 FEET, THROUGH A CENTRAL ANGLE OF 96000'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTII 70059'59" WEST, 445,89 FEET TO A POINT OF COMPOUND CURVATURE; TIlENCE NORTHERLY, 133.30 FEET ALONG TIlE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HA VlNG A RADIDS OF 509.92 FEET, THROUGH A CENTRAL ANGLE OF 14058'39" AND BEING SUBTENDED BY A CHORD WIDCH BEARS NORm 15030'39" WEST, 132.92 FEET; THENCE SOUTH 81058'41" WEST, A DISTANCE OF 20,00 FEET TO A POINT ON A NON- TANGENTIAL CURVE; THENCE NORTHERL Y, 74,20 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERL Y, HAVING A RADIUS OF 529.92 FEET, lHROUGH A CENTRAL ANGLE OF 08001 '22" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTII 04000'39" WEST, 74.14 FEET TO A POINT OF COMPOUND CURV ATIJRE; THENCE NORTHEASTERLY, 283,15 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIDS OF 314,32 FEET, THROUGH A CENTRAL ANGLE OF 51036'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTII 25048'27" EAST, 273.67 FEET; THENCE NORm 51036'51" EAST, A DISTANCE OF 337.35 FEET TO THE POINT OF BEGINNING. CONTAINING 89.96 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON TIlE WEST LINE OF SECTION 23, TOWNSHIP 48 SOum, RANGE 27 EAST, BEING NORTII 00000'02" EAST. Z:\word-docs\LEGAlS\LEGAL DESCRIPTlONS\orangetree\2QOO.1050update1.doc Page3of4 Agenda Item No, 1689 September 13, 2005 RHODES &- RHODES LAND SURVEYING, ING. Page 32 of 33 J.OHN SCO'17' RHODES, P.S.M. THOMAS E. RHOD8S, PS.M. 14M} RAILHEAD BLVD. #1 NAP.LIlS, FLORIDA 34110 PHONE aatJ) 1JI1.HJ67D FM (6.t9) 1JIJ.t-tJlJ81 RHODES & RHODES LAND SURVEYING, INC. FLORIDA BUSINESS AUTIlORIZATION NO, LB 6897 " '" ". '. r '. 7:.4, ;: i: j:;l., se rn~E,~~ES.S~ PROFESSIONAE SURVEYOR AND MAPPER STA1BQF-FLOW.(j:;TCENSE NUMBER 5854 .. ...... ' ... - - .. .. .... ..,.... .- .,.. ... . '0:- NOT VALID WITHOUT 1HE SIGNATURE AND 1HE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER R&RFILENO.2000-1050UPDATEl DATE: 0811012005 Z:\word-docs\LEGALS\LEGAL DESCRIPTlONS\orangetree\20QO-10s0update1,doc Page 4 of 4 en M co M <&> '0 ~ ci "M M Z Q) E Ol J1! ro Cl.. tll '0 I c: ell OJ <( ~ ---J-~ bl 10 i ~ 0 ~ i ~I r Ig .. IUi I~~ ol~ Ii a ' -~ i Ig .. ~5!i IU~ ", .J:I~1Ii' .., JIOOfI J....... fli'-' 1I1WHtI NOU:Ur fIQ,JeO SfJIItD t JINfJ .DIU .DWM:J a ~ ~~ ~ II .. I ~i I~~ ol~ J,.IID.Q1QlIN / / "'--~_..... ~.a:rw..... ....., ~ .II...lI .~~~ 8~~ if:5:::J ~ " ~ . '0 ~~~ ~;~ ~"'ot) 5"'tCi;' 1tI~.., c::.oti ~li :t: Iri <::l ~~~ Cl:oq:1 c<==:il ::: ot) ..... ~: N' ill S e 13 ~ ... It' ll. ii 0 ,. ~~ !I 8 i- .~ t ~ ~ V) oq: l-. ~ ~ I III! f5 ~~ ~ lit ,', g~f 0Cll;:1 'l'W tl:.n SOOtIOII8 'JDpoJ'[ .....'''''''''''-'_''.'OOI\llllUt1DhIOItl*''':>Y\:Z - - ~ Agenda Item No. 16B10 September 13, 2005 Page 1 of 22 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Replacement of Access and Parking associated with the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $5,000.00 OBJECTIVE: To approve a three-party Agreement for Replacement of Access and Parking in order to avoid having to relocate the existing AT&T fiber-optic regeneration facilities located within the proposed right-of-way required for the construction of the six-Ianing improvements to Collier Boulevard, CONSIDERATIONS: Just north of the new loop road around the Mission Hills shopping center at the northwest comer of Vanderbilt Beach Road and Collier Boulevard, located on property owned by Richard and Frances Craig, there exists a fiber-optic telecommunications regenerator, housed within a small concrete building, and located within easements held by AT&T, Attached to the east side of the building, is a fenced parking area, nearly all of which is located in the path of the new sidewalk and right turn lane. The building itself, while located within the proposed right-of-way, is not directly in the path of the proposed roadway improvements and may remain in its present location as long as replacement access and secure parking can be provided, Alternatively, the cost to relocate this building was estimated by the AT&T representatives to be 1.5 million dollars, It is in the County's best interests, therefore, to enter into an agreement whereby the building may remain in its present location. The Agreement for Replacement of Access and Parking contains the understanding that the County, AT&T and the Owners have negotiated in order to avoid relocating the building, A new parking area was designed on west side of the building, The Owners have agreed to grant a temporary access easement to the new parking area now, and in the future to grant a perpetual, non-exclusive access easement to AT&T once they have constructed permanent access to their development. AT &T will provide security to the replacement parking area and will then subordinate its interest in the existing easements areas that are currently required for the construction of the improvements to Collier Boulevard. The Agreement for Replacement of Access and Parking also addresses the aesthetics of the future building and gives the Owners, with the cooperation of AT &T, the ability to incorporate the new replacement parking area into the Site Development Plan for the Owners' remaining property adjacent thereto, The Owners may then provide architectural improvements to the exterior of the existing AT&T building and the fencing/wall securing the parking area, which conforms better with the particular landscaping and/or architectural theme(s) on Owners' adjacent property, FISCAL IMPACT: Total expenses will not exceed $5,000.00 for the limerock parking area and temporary access and 200 If of 6' chain link fence & gate, Source of funds are impact fees and gasoline taxes, As previously stated, the alternative to this relatively small expenditure over the cost of the roadway improvements, would have been in excess of $1,000,000, - Agenda Item No. 16810 September 13, 2005 Page 2 of 22 GROWTH MANAGEMENT IMPACT: As the Collier Boulevard six-Ianing project is a part of the Transportation Element of the County's Comprehensive Plan, this recommendation is consistent with the County's Growth Management Plan, RECOMMENDA TION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Agreement for Replacement of Access and Parking and authorize its Chairman to execute on behalf of the Board said Agreement for Replacement of Access and Parking in substantially the same form, under the same terms and conditions relative to the obligations of the parties thereto, and after the approval by the County Attorney, 2, Authorize the County Manager or his designee to take the necessary measures to ensure the performance of the Agreement; and 3, Authorize any and all budget amendments, which may be required to carry out the collective will 0 f the Board. Prepared by Debbie Armstrong, TECM - Right-of-Way Attachment: Agreement for Replacement of Access and Parking 1....._: Item Surnmlry: MHling Data: Agenda Item No. 16610 September 13, 2005 Page 3 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16810 Recommend.lion to 8j:lpro'Ve en Agreement for Replacement 01 Aoce,. l'Ind PlIrldna associated with the Ihc-lenin" of Collier Boulevard (eR 9S1) ftom Golden Gate Boulevard to Immokflllle Rand. (F'rojeot No. 65061, Capttellmprol!ement Element No. 37). Fiscllllmpact: S5.000.00 9/1312005 9:00:00 AM Dot. Approved B)' a.ry Putsantuu Transportation Services S.nlor Project Manager Tra"sporutlon Engineering and Conttruction 8123/2005 2~32 PM 0... Approved By Jay Ahmad Tra"lportlltlon Sttrvlcas Oimetor 1 ra"lIpOfUltlon EnglnMrtng & Construction Management 812312005 2:34 PM U..T.VIOI' MIl"Ig.ment/Budgo1 Analyst Date Approved By Transportation 8Mvlcea Tro"lIport4tion Adminllftrlltlon 0123{2005 2:.&8 PM Approved By Norm E. Feder, A1CP Transport.lon ServlC4la 0... Transportation Olwlllon Admtnlstretor Tr.".portatlon Servlees Admin. 8/23120053:49 PM 0'" Approved By Kevin Hendricks Transportation Serwlee.j, Right Of Way AcquillJtion MlInager Trllntlportm:lon Engineering IInd ConstrulrtlPl'l 812312005 3:50 PM Accounting Supervisor 0... APllfoved By Sharon Newman Transportation Services Pill Lehnh.rd Tranl.port.tfon Admlni.trlltlon 8(2412005 ..: 12 PM Approved By Tran.portlltion S.rwlcH E.xCtCutlvltSl'cretlillry Trnn.portatlon Sf,lrY/CH Admin 0... 812G12005 9:00 AM Apprt)\'ed By OMB Coordinator Coonty Mlilnager'a Office Approved B)' Suaan Usher County M.nlilger's Onlclt'l Administrative AtI5lstant Dot. Office of Management & Budget 6I29r.!005 9:29 AM Senior Manag8mentIBl.Jdglfl Analytt D... Office- of Mana98mf1nt & Budget 6l3012oo5 2:22 PM Manllgement & Budg81 OIreCltor 0... Approved By Mlchaetl Smykow.kl County M,QIUlgor'1 omce 0ffI0It of Management & Budget 8131rlOOt'.i 12:35 PM County Managar 0'" Approved By Jallllel V. Mudd Board 01 County Commlnlone" County Manllger's O1fIoe 9f212005 2;12 PM Agenda Item No. 16810 September 13, 2005 Page 4 of 22 PROJECT: Collier Blvd. #65061 PARCELS: 531 & 931 AGREEMENT FOR REPLACEMENT OF ACCESS AND PARKING THIS AGREEMENT, is made and entered lnto this day of , 2005, by and between American Telephone & Telegraph Company (hereinafter referred to as "AT&T"); Richard D. Craig and Frances A. Craig (hereinafter referred to as .Owner"); and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County"). WHEREAS, AT&T is the owner and holder of the easements described in OR Book 1277 Page 1573 and OR Book 1725 Page 913. attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter referred to as the "Existing Easement"); and WHEREAS, Owner is the record title holder to the fee interest in that certain property described as: the South % of the South % of the Northeast % of the Southeast %, Section 34, Township 48 South, Range 26 East, Collier County, Florida, less and except the East 1 00 feet thereof; and WHEREAS, the County Is acquiring from Owner a fee interest in the proposed right-of-way required for the expansion of Collier Boulevard (hereinafter referred to as "Parcel No, 131"), the legal description for which Is attached hereto as Exhibit "B" and incorporated herein by reference; and WHEREAS, a portion of AT&T's Existing Easement containing the Iightguide regenerator telecommunications equipment building (herein referred to as "Building"), and the parking therefor, lies within Parcel No, 131; and WHEREAS, AT&T and County desire to preserve the location of the Building within the Existing Easement and Parcel No. 131. and to re-establish a new access and parking area designated as Parcel No, 931, as described In Exhibit "CO; and WHEREAS, Owner is conveying to County a fee interest in that certain property described in Exhibit "C. (the terms and conditions of said conveyance being included in a separate agreement between Owner and County), so that County may construct for AT&T a replacement parking lot to serve the Building; and WHEREAS, County agrees to grant to AT&T an exclusive easement for access and parking over the lands described in the legal description for Parcel No. 931; and WHEREAS, Owner desires to convey to AT&T a Temporary Access Easement from the Misslon Hills Loop Road (Tract "A" according to the plat of Mission Hilts Shopping Center, recorded in Plat Book 41, Page 26, of the public records of Collier County, Florida) to the parking lot to be constructed within Parcel No, 931, said Temporary Access Easement hereinafter referred to as "Parcel No, 531" (the description of which is attached hereto and made a part hereof as Exhibit "0"); and WHEREAS, both Owner and AT&T desire to replace Temporary Access Easement Parcel No, 531 with a perpetual easement for access to Parcel No, 931 beginning at a location further to west along the Mission Hills Loop Road, and proceeding through and across the paved driveways and parking areas of the future development on Owner's remaining lands, which perpetual easement in favor of AT&T may be dedicated by plat, or by separate instrument, no later than the date that the first certificate of occupancy is received for the buildings to be constructed on Owner's Remaining lands; and WHEREAS, both Owner and AT&T agree that the Temporary Access Easement Parcel No, 531 shall automatically terminate upon the recording of the plat containing the above"referenced dedication in the public records, or upon the grant of easement from Owner to AT&T by separate instrument; and Agreement for Replacement of Access and Parking Agenda Item No. 1 6810 Septem];)er 1:t 2005 ~I!ll@ ~ af 22 WHEREAS, AT&T shall terminate all that part of their Existing Easement located across the real property described in the attached Exhibit "E", NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10,00) and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, It is agreed by and between the parties as follows: 1) All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2) Owner shall convey to County a fee simple Interest In the property described as Parcel No, 931 (hereinafter referred to as the "Replacement Parking Area") to replace AT&T's current parking area located within the proposed Collier Boulevard Right-of-Way (the terms and conditions of said conveyance shall be included in a separate Purchase and Easement Agreement between Owner and County), The legal description of said Replacement Parking Area is attached hereto and incorporated herein as Exhibit "C", 3) The County shall construct a. new lime-rock parking area on the Replacement Parking Area and shall Install a security wall or fence around the Replacement Parking Area at a minimum height of 6 feet. 4) The County shall grant an Exclusive Access and Parking Easement to A T& T over the lands described In the legal description for Parcel No, 931, 5) The County shall, at its expense, construct a temporary Iimerock access driveway on Parcel 531 (Exhibit "0") to be utilized by AT&T during construction of the roadway improvements, and Owner shall grant to County a temporary construction easement for said temporary access driveway, which shall expire upon replacement by the development of Owner's adjacent property and the construction of paved driveways and parking areas, which will provide AT&T with access from the public right-of-way to the parking area, 6) The Owner shall convey to AT&T a non-exclusive Temporary Access Easement across Parcel No, 531 (attached hereto as Exhibit "0"), to be replaced with a non- exclusive Access Easement granted to AT&T by the Owner for access through the adjacent property to the Replacement Parking Area, either by plat dedication, or by separate instrument no later than the date that the first certificates of occupancy are received for the future buildings to be constructed on Owner's remaining lands, 7) Owner shall incorporate AT&T's new Replacement Parking Area into the Site Development Plan for Owner's remaining property adjacent thereto, and, at Owner's sole expense Owner may elect to replace the fence / wall erected by County with a fence or wall which provides the same level of security for AT&T's facilities and/or architectural improvements to the exterior of the existing building, but which conforms better with the particular landscaping and/or architectural theme(s) on Owner's adjacent property. Owner and AT&T agree to cooperate fully with one another in this regard; however, no improvements will be made to AT&T's building without its written consent. 8) AT&T shall: (a) provide its own lock(s) to secure the Replacement Parking Area; (b) modify the doorway into the Building by relocating the doorway from the east side of the Building to the west side of the Building; (c) waive any objection to County's removal of the existing chain link fence during the roadway construction; (d) accept a temporary Iimerock access to the parking area during construction of improvements to Collier Boulevard, and during development of the adjacent property; (e) accept alternate access through the adjacent property to the Replacement Parking Area; (f) terminate all that portion of the Existing Easement located north, east and south of the Building by providing County with a properly executed Termination and Reiease within 90 days hereof; (g) consent to County's construction of a concrete barrier wall, between Agreement for Replacement of Access and Parking Agenda Item No. 16810 September 13.. 2005 PIgt 0 of 22 the proposed pUblic sidewalk and the Building, with "wing walls. attached at either end; and (h) waive and release County from all damages, claims, actions, costs or fees resulting from the acquisition and use of the lands and lor easements described as Parcel Nos, 131,531,931 and 731, 9) AT&T and OWner shall provide the County and its contractors, agents and other representatives with unrestricted right and privilege to enter upon that property described as Proposed Right-of-Way Parcel No, 131, Replacement Parking Area Parcel No, 931, Temporary Access Easement Parcel No, 531, and the Existing Easement, as may be necessary to perform the construction work for the roadway improvements, the barrier and wing walls, and the installation of the temporary Iimerock access and parking area as covered by this Agreement. 10) The County and its contractors shall not unreasonably interfere with ingress and egress to and from AT&T's remaining lands during the period of relocation and/or construction, 11) Notices to be served upon any party in connection with this Agreement shall be deemed received by the parties when sent by certified or registered mail, retum receipt requested. or by facsimile, with written confirmation of transmission, at the following addresses and numbers, Each party will be responsible to notify all other parties In advance and in writing of any changes to the information below, As to Owner: Kenneth A. Jones, Esq, Roetzel & Andress 2320 First Street Fort Myers, FL 33901-3419 Tele: Fax: As to County: Collier County Transportation Dept. Attn: TECM, Right-of-Way 2885 S. Horseshoe Dr, Tele: 239-774-8192 Fax: 239-213-5885 As to AT&T: Tele: Fax: 12) The County shall save, protect, and hold harmless Owner against any loss, damage, injury, debt or expense claimed or asserted by any person or entity ariSing out of the construction activities on Owner's land as are contemplated by this agreement. 13) Both OWner and AT&T are fully aware and understand that all .offers" to perform represented by this Agreement are subject to ratification and approval by the Board of County Commissioners of Collier County, Florida. If this Agreement is not ratified and approved by the Board on or before September 13, 2005, all obligations under this Agreement shall terminate and be null and void. 14) The obligations of the parties to this Agreement are contingent upon no other provisions, conditions, or premises other than those stated in this Agreement and in that certain Purchase and Easement Agreement between County and Owner as referenced in Paragraph 2 above; and this Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, There are no other prior or contemporaneous written or oral agreements, undertakings. promises, warranties or covenants not contained herein, Agreement for Replacement of Access and Parking Agenda Item No. 16810 SeptNl;!ar413, 2005 r;age 7 of 22 15) This Agreement and the tenns and provisions hereof shall be effective as of the date this Agreement is executed by all parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee{s), and assignees whenever the context so requires or admits. IN WITNESS WHEREOF. the parties hereto have executed this Agreement on this _ day of ,2005, AS TO COUNTY: ATTEST: DWIGHT E, BROCK, CLERK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Fred W, Coyle, Chairman AS TO AT&T: AMERICAN TELEPHONE & TELEGRAPH COMPANY By: Randall Poyner, V,P, Area Manager WITNESS (Signature) Name (Print or Type) WITNESS (Signature) Name (Print or Type) AS TO OWNER: ~Q~ IT EBB (Signature) --;--.. S CJ. -LA 7), ~ RICHARD D. CRAIG ,/ EBB (SIgnature) /11' 'j-j, c)V' J': M, J ~v:f- Name (Print or Type) . ~~~ F NCES A, CRAIG ~ Approved as to form and legal sufficiency b \:!~ Ellen T, Chadwell Assistant County Attorney ...-..11 ..\..1.......1 ._"" ......&.. J.,.\,,/ I..a..... "n ''''''''V .It.. \"I't 1,&,&,n"I. ,L (I U\A "I/,/..l..1 .J,J.l .lltJ 1Xl ~ ,- =~ ".;'""'" ~~. ..,.. ~. 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N . :.. 0... ... c ... ~ .. ....... ..-.;cu."':: -- ...... ..... 0 it" IIII~."'''' 0 a~ .......0. ... ....$01 "" .,....,,::1....... . cs .. oo".."....~"'o~oo..aoo........ UU."'-D..........,UU.~....."...~~ ,..... . 1.1:1 .~. . ..... . llIC ,'- I:) ,c-..a'C ,_,CO . c:) a: /c:::>..o .. ...__ .~ 1....... . . (' . ~ . I -a_ ,1. OLON ~ON COO'+- ,,.C.Q,.N 0 -C'? ~"'"' ....(1) "'-(1)0> E..c Ctl wEe.. ::::(1) roo. "C(I) goo Cl <.C -rr-fO ~"d V.LISIHX3 -:"--._ '~.~_:::""_;' _. .'," ~;.'.~.;.R:J;" ,:";;:'-.;..;"..~_",..:",_ ':\IIl\W..."'~ ;, Tn' J ---,- .. ' - ---"'----_.,,_ _, _..L....LL...L 1 U) ~N - t-.- CI)~cn ~~t!) :;:) 0 ~ J a~~ . j~! j , I I~ ~ ~~13 ~ ~:J ffi .... III ue[CO ..i ! ~~~ III I .. ..I., ~~; --=~a: c(cn~ &6. Q. - ::;t -I .. - ~ 1- "8 P- I' .~ 0 -i; "- 2 ..... ... l~ - , 1: <:i o -1 e .tIr I (f' 't ll\. '(:1 T C' C' C r, c r: 7 'A U \'\1 J Ul l("V1'lUn .~T f'\UU", UfY 'r:" I ff\ nrrl ILr","'1 I"'~ "'\nI"T uI:.,\ili.JI i.UU't1 !l}u U!; jU nt IYlM.IS:l,..t. UH!~, rHo> MJ.,llO..ZJld~~~..:.:l_!!:!...:.:_. .._ .__ p~ ,- .. _ ___ _ _ _ ',,' ;.,: _ _ ." _, ' , - "~4.-_i_~"'_~~~ :'t,.,"~...:~-_., - - _' .' _ ,_ - . , .;.:..~:;..~~ .. ... . ,,-. ~ ~. ~.,':..... ....-<11" ,. Agei'i6a"lfem No: 16810 ., ',..:,.t" '. ~ \t-.~.c....... ;.~ #~' ~ ,',' ~. . September 13. 2005 .. ..:'~; ."...;:, ~.... , . Page 14 of 22 ~ 1". ~Aw. _. .'..:....::....... M 1'581" 0 ..12 fll' 52 PM ~. .-w.& ~~~ . cai.uER COIIITf RECIRDEO DO;, (\- I~. I~."" Clllllllall_ S\'ST0fS II."""" Me) tASODf S 1-.00 "'I.~ of tM NDCcM 1U.EPIGC Me) lCLDlMI'M CtJIPNft a.. ~~ IY!!!III!I Dell1n, ($1200. ) Ion ClIMIdstltJan .r tddah tho n neclI he"", Innt .... caMe, W\to aid..,...,. Ita, ..ce'~.. -..., ~ .... egenta, . ritbt-or-way 1M ....... to CClftat.ruot., ......, tMlntdn, JnePeat. telIt, rIfI~ 1M ......,. CIMIUItlett__ ~ - tha triAb- MY tc. tuo tel ta-. r,quk., ClOMUt.1ng orf by..., of --..1. ..cat notlwlte4 tel "'rvnuncl ~ tlMt .,uc. .,..., ..... .,uc. ....., wbeI, ..,.. t.tJngwt-....l1a, .......t.. ucbl'. ..s athR ~. ..... lMII' Md ....... a alp at bnd ~ w.tde -- the bnd tlhkh' ttw Ilndanignod -. O~ ill ..... tbo undee"iIjiM hall" .., ~, a1bated Jft 2rn~ Count)', stet..r nar.w. MIS ... pa&'U.cu1c'1)' cleecia .. DUoMe, .. BlIHIB1"f -Ii- (N1'tIaIlD tI!'.IlBl'O " HAIlS A PM: ....) ~ ~'1ila (lo'~MQI~, Of.~ ..s .... __.. CIlCIA tile 1IaJiI ~ t2a .~~ W .., O:aa Aid ~ b' U. ~ ~ r r0t4. U. dQbta..... ~, to c1..- all JIIIp c:ra..t.u.tDM, mota. __ aa4 otbR ..L.<<' '..- !ala tile ~ IIlll .t: II! ~ ~ etdp. .. ........,..111-' b- -- aa1 ~ ::z3!lcd 1Ie!a, ...."ota:".~. ~1l'C'rlr~t:J iG4 ~, ~ caii~ u.I: lID .t... ,-, ~ 01: ~1Cltb -.u be -.:-.0 ar: ~.. .a4 atdp ea4 ~ aD .....w... .sa b.r ~,OI:' ~ W _ .... cc ~ ~ eM atdp ar: .. IIIIUId f-"f~ ...,... to .... IItdp. 'Iba .-.-. ... to Par - - T -~....... c:t.ing flI:IoIIb ~ ..s ~ ~. ~14.,.-a. ........ ~ :;) l'l ~......,.., ~ , .. IA ana "C" IntIftcIlJIt !!!.- ...... fI'rDpeItJ Ta ~CL.EII( OfCOURfS If t'- \.l....... R'... 4-.1 I' ( -..... u ... ":.'. .10" .. ...; 0, :>...~ ~ .":"~: ..;,~::;-... ~- ~.a..; l..~~7!t~'..~!<:-:.,::,..:.r. ~ l":', -.: .. ....4 t ... ...... ...... , ", .__:. "'\. of ".... ~~~;;:~::~:~:;.:,,:>~~:~;.:~: .:.' :.; , f,r~ ~ . .t>>:."J;"f,.;; ~, )11" :....k. , :..~~.~~....~.. ....,. . 'I........... .. .. ..t""";~':,\:,"IIl.:: .0;"0 <<!t't '" ::-=:....' ~:'t ...~.:-- ". ':, ~:!, f .. . .. .. ~~~ .0.,:0 ~ ., t::~~~:.: ~'.. .:= :~: .~ '. rO,,_ 4 1 - .. ". .' ....... :..... ~ 1.... .' ,:/;\.",;;.':) o = rzI- g;:: ;IIC Colt EXHIBIT A page...2- of.J.L Q Cl jlc::t ~co W :.... ~ .' J , ", ... -.-- -...'..----. ... U! ;,JU r14 'I'I/'Uil,t.., UMlt.O:>"t'H r Jl.J...~o,'i.4j~. :nL::l-. .1.1 Jj, . ,,- t:; ~'l ,.... 4. ..... Me __ '*., of ~ l'L. at ~J~/ / ~ ~h;~-~ JJb:/1rL~ ~-~p--- -. k-.'14i-d..;y(2--~ J' C"'~r.~:A~. ~ '.. ~JII'i111 If. State t4 ;t.A~~':.#-" . CIl:lUr&tr of A~.~ ~ :I: ~ ClIII:'tlt.V t:tlOt co ttdIi .." bdaI:o _, - ~ "'I1lr .,.,..-..... ill ... 8tatIe -. ~ ~i4 tD ta1Ia IIdlacM ~I ....ts. ~~ -..7......... f. a. ~ .....c....... ... ___'~~ tD.....-.....w.. CI u. ~ ~....W6 ~~ t!Ia t'L alf4"8 ~ iI : _.f:I T't~"~, ~__. or "-~ a..s G)" ~, .. "-"17 '_llI'I1I1-'Y" w.:. _ Oat a.r JJ ~ "- "' _ _ 8aCb fJHj- ill a. _ Of: lid co -.u or Mf4'.li .d.aD. _ W1tnaa ... Mn5 .." ~..c., ..." 1n * OMator _ ... d ,,:1 ,J" 1:bk /PIt _or n. ~.' . A.L, utlf.,~ .,.. -,- t · .t;;r.. .. . " "!Jf.d.~~AL.'. : ,\. 8tate of r.kIdda,. I .. ", t . . .. "l . .. . ff,r ~ JIlIlpJxwo- ~.fll'''''' . .. ..., " . .. . .... Ud.s ~ .~ bt.~,. ~.... ......,4- uu., 0d____.~ A-O-- AddIMiI .... e ..".~ Cf.ty. .Ita~~" ",-, "...... ..., lti0ft6 ~I .....11"., ,.::'..::!.-, ., ,;..~...: :~.....~ -., ;" " ...' .. ':."ot1~~jII~~~'P'Iot". "I e.. .t".. ........ -- -~......._, .. .... . , " .. .. ,.' " '. . , ',' <> . :'" . .it. ...:; :... )~. :.. f ,...~..... .:\.:~_!" .. r.~fl:'f:"'.: : :,.::..:, .' I,;. ~~ I ~ :.. i-' .-.. "lot t .. . I.~~\I, ,OO' 4 ','..', ~ :....;' ... t A'........_ .,. . .;"....:' I. :~. ..'.", . .. ~ -' ~' , , . .: .. .., .. -:;> ..., . .: ... .;.). ." ." '. , ~, .., .. . .... ....' ... '. .." .... - " . ..' , ~ . ..._.... .,~-y-.,...-n........_.- "-., !i 1- ..... ..... en . ,I. :, I II S. ""; ~'.j";u,,,;.r. Web ". genda<lt~;':f,Slno----- September'13;-:z005 Page 15 of 22 EXHIBIT ..A- ~..L of.J.L . UJ:.IJI l.JI LUU't(. j Uy. U.1, JU r w. rp"'" t::j.=,1', :r.. an :'1 - C::) vall =fi - a:::: Q . I'IM1\v r. \,H'\ l ~" r Ii fa! ~Q, lJ~ :J~j .jllj Il:IIII8l"r' eA- . A 5.0 foot ~ ..t.Hnt laaatod in 1\ 1\" ... IoctJan J4-'M8S-1HE being tba _ 1a.s. dIlIcldW .ta .. .......y .... ~ in O.L IIaGIc m, ~ 1'27 of tile NaUc ......, ca1Uor: 0MItJ. FJarida, ..Ad 5.0 foot W. strip beMt - ~ delIc:lda.:I .. folkM. ~ at.. ClOftC&'et.e ~.u.ped ~ (\t ClOaI8I'MCticn J4 , 35 ~ 41. &ouu. .... at IMt ~, ... s-Gl.ntu... .. lU'.20 fMt, II.- .....01 tzr-c. - 1OO.ot ... to CM lz1a laiftt ~ ~ of _ ..... -~ 5 loot ~ .uJp fill a-I, willi tM M4~ ClIliI:Ita.- of .. 3Z5O .... lOot tact _ ---t"" u. .. liIant of ......t fDlaa G:Iada Ii:lc* COcp. to ~ ~ .s 'IIlP~ 0lIlIpuIy, A HIlI Xor:k a.,p. no..4I4 1n 0.1l.. 80ak lZ77. ...,.. un at Mid CDnt.y ...... ~ lfo01.nt3Z....., a ~ of 5.0 tlMt, ~ .....01'Z.,..... ...-'11t1 wiC2l.... 5.0 .. ~ _ Pf..... at dFt -.s- rm. u. ~ u.. of NJd 3,250 .... foot .-n:e1 .. dS.ItID:le of 70.0 6Mt, . ..... 8-04.77'31--<<, ,......n.' ""tb ... 5 ... -1lId.r _ JlIIUlI''''' 4t dtJat ___ ~ u. ~ line of Mid 3.250 .... fcot ~ fat' .. diat:ancle of 55.00 &ft, aCd. J*'ClSl ~ Cl:lIItIdRs 6llO lIQUB'e r-t. 'DleQce Soo9O'01'27""', .. cU.ltInQa of 5.00 feet: tit .. poMt, balDg tba ~t Qznc of ~ 3,250 ~ Ilclat ~ ~ R-Olez7':a- a1Gag tbllfIlIt l1D8 of.us 3.250 SQ.I"I'. p.ucala 41B~ of 50.00 ft. to ttw ~ ~ u.aof, ~ "-01'%7."" ~ tbilltICtb 1iN of.ad 3.250..,.. fOlJt baCt .' ~ of 65.00 _t to a. .....~ a:.:n.- tMaof. tMdag ~ tba III:'.dnt of ~mtng of 1:be -.wa ~ 1.0 foot..,. at:dp of la4 ~~. 600 ..... IWt of 1M4. __ OC' ~. t\., -. . , \'" .., . . . .' .. ... r.......l..~; ...;(,..';.1. ... .,1 :,.....,....:.........):.;: "~':\.' ... ",- ../.... ,.0: .. ...... .. .. Ill". ..... ~~-... ~.r.;:'." .....''t..'.ot..,. ..~.. ... ';.. ".......':.... ~. ". ..' ,1;,........ .. r iliilili,iiiiiJ"' "~:'~""':' .:...:...'.:...~:. ...' '.:.. , ....'..,.., ,,'':. ~~.~;~.,Wt~~;,;:;i'll.ti:~;.,.~:.. '~...~~~.!lro!:{,f<;.'t "~~"'.';" '':;'~-'" .. .. ,," ...,.Y ....." ,.:. :-.... ..... .... .." .'. ~ ..~1o(.i'.. .",. . ..... .... .f.. .. I."". . .... .;:'~&:i :'" ...~.;' :...,!._ ~:. ......:.'-.... ....ot '.. ..:s~.... :....t......,w- j".," .,.., '~... "'..,. ~ . . .. ,_ . . . .. ...... ."!!~~'~ J'.:.t~.~..:1I.~......., "''''::'')~~ "',"!:- ....-it~.-'\.l t..(I.. . !~ :3,,""'.... --.t;--~ &....... ." .. .. ~ .. ~ .. :C.' .. ~o..... . ., I.'.'~." .. _I ... I _ It , "....". "", ......~'1..... .--:'_0 ~''',. :-l.: t: ..,..0..... .. "V "~~"";~.J....:~..J~".." .:.......... ......; '. ..:. l..,~ .~., ood'.:,..'!.. ~~". ,', ~.,/:'::. -"I.. '.. .,.., ".. .....- -tri''::. ~... . .....;.,. . _~ 't...: ..... ............ . ... . .... . - "-X..." .~\!;.....:.~~, .. -~.,,' :'.. .". .""".",,'1 ... .." ~t...t. .;..'$\ t IV: I."" V'... ~.~: -:~ ........., .,;. .~... .:c .; '1 I. 11. p.. :' ". ' .. t~~..::.. ':f" :.....-. ,... ....... ..\..:.:...~:: .. ;." .... ....~.~..,....."'C."f '\. .....\.. .,. "".. ....;.:,.. I'" ~.:~:!;: .. . ..:, too ~... ~:.'"::.."i'.:....:.. ,. . .. w fl^:o:.'P" .. -I ~ #. . ,.. Cot Ij' .... .;; I "I'\"l~~'!i-'t.t'...;..,.-'" '. ....;".. ..~. ~ ,l.\,o.. ...... ;~~.J..~t;~:~;>.\.~.~~::...J.7~~:.~~~...' ';"'.:"" "~, .::. " ,. '=:.:. ;. . .... ....: _.4 '. ,; '. " , " . ... .:... <till. ,/,,'i ...,JI"',,: ~..".l ... ~ : .:l ~..... .. 0# 71'4. , .._., .. -. ," . '; .... . " " , I -...-..-.".- . .. "-- u,_ ...r-.....r-,--.---.......-..--.. l' .-W"',, ,r- end:a-;;ftem-tJo."'I'6&1~""''':'--:::'==: September 13;'2005 Page 16 of 22 EXHIBIT A pege..L of.J..1- . .... J./1:JIJ/ t.J/ t..VlJ4I.lnU. Ul;.:lU.Ut. I'IIfOO.,. 1', . UA 1 ~, t'A .fi.A.x:cN~;,:L:l~. ~~J '~JIj.~.. , " ~,,~._--~._._'------'.', ,.";;,1".';;,i.'\;'~":;-:;;";' '.:.:..~C;_. , . . ~ ~-= ;ccr I..a OR BOOK 0001'1 ME ~ __ ~! n' afCGIIC.tIGIL . ...... "... .,.. CCIMClIl ,.l~I---5t' ~~~"r.H. '. I ; , 1 tell, .: -t1~ ~ ~~ i , -i" I r: .i ~ ..lU'll is fi I 8;i ~ IS" Is.a ! _j ji ~ ,I = ' I 'oo.oe" .3, ~~ ~r ~~.."... ~ I i I I?, Ii tII It I I I '~ .... . ..00' .. o o 0, POr~ ~ ~. 'HI.'" ttCHMI U. Il'EfCt IIIlOJ NO lRD<l6-1 ! hiD --=- D.O't ft/_ MOlt 4 I fIWD. COlIC .O~ , , I r 'I~ - 1,"" . ~~c: CORJ 'ocr yo IlIA, .. I.' ClIUIIf..., ft Ul' I)IIUtf .. 'IWOlI1Iu.tIC"""" ~ .. MIa'- .. Sill, .'II..I/4,1E1/4 a ICCTtOIlf 14, '.1$ ."IU COl.&.lCRCOUIIT'I . F'UlRIOo\ ., 1 OUANE HALL ASSOCIATES .... -- -.... .......... ..._... .-: ............ ..ft ...., ........", . ... ... '"Il... ..... Irr-'~' ..... r ," ... '.. t,- " ., .. .... ',..' '. "'" . . .. ~ .. I' I . .... ~ ,,". ~" ." .:::.:( ...:...... 1 I 11' , p . ..0 18 i ..,.\""~".,.:.,:.,, encl!!'~;No. :16Eh(p..,.c~,",..:.~ September 13, 2005'" . '..--- Page 17 of 22 EXHIBIT .L P.....LL ot...J.J- "1 . llrMLJ/4UUV H1V UL::lU tl4 ~. t 'c UATe3.t'A HL,ltA..~.c~.YJ 3I-'lj , .~~....._-~-- 17t~ OR 800K 008911 PAGE - F) . \ --- ..........-.- -- ... . ala, a a,.. _ I.... _ a,. .... ... two ... . -.& c.la.. 0t0lM,. "_M' " __a ., ._ ..... .. ._ .__ .. . __ _..... - ....-. .. __ ., . ._ __ __ ....... _ U/a. __ __ .. _ ... -. _...... ...... ... --.... u. ~ _'- .a .14. __ ., .... ..... .. ..... ....... a ~ ~ _ 1'_" _II ...... .. ... UQII.. r..4 .. ... ____ ew_ ell ~ _ ... .. .". .. ,.. ...... ..... fa ala. .. ... __ ...- _ a.... .. ._ _ __ .. ,141" _ _... _. _...... ~~-.. ._ ., _.. '._a_ ., . _.. .... I"'," 'N\ .. . _ 11_ .... _ _ _-.. u_ __ _ ..____ .. __ __ 1_ _ ~ .....1.. 1_ ell -.. .... IN f,. ._. _ ~ ...'" .. .....-.... _ _ . _.8H . .._ _II ..... 1&_ .. -- _ .. . _ _ ... ... _ -... ....,.. ~ . ... ..... .. _aaa.& _.. _ .... _ _ .. ... - '" "-'" __I __ __ -...w., __ all _, .... ... .. ___ _ .. . .... _ .~ .... ~ . -OW' . .......a ..... _ _.. _ ~. .. ... ~ '" ....... ...-. .... ._ ..... ,tea .. ..... __ .. . _.. - - .. .. .... _,. It... __ _Y _ -.. _. ........ . .... _ _a,. a... _ ..... .- - ... - .. ...-.... .- --- - -..-,- .... - -. -,_ _ _ ... ....-. __ .-...n_ _ '--"'. .. -,. ... .--. ~1"'IBIf .... -. .... .- 11Ht __ an .. ,... _,.. ." all .... ____ .,a all .... _ ".. _... 1M. ,...__ _ ___ -. _a," _Y. "....... ...,.... ... .................. ................. .... 4......Il4 .,lL.. .. ......., ... .... _ ...... _.... ......_" -... .. .......... n...'.... _. . .... .. __ _ _ ... ... .-. _ --.Ie _.... .. ~___~___.....u...., _. at. -. _ --. . ....... Co ., ~.._-----_....- _ ell __ _ _ _ __ .. c:... ....-... . .....,. ., -........--.................., -- ~ al LeoolIa _ __ -. _ _ __ '~..,... ---. r_..~ ..-.......-.... r"",," .. -t .. -.. I. __.. ._......_ __. _ _ .. .. -. .... .AT. ..-... _ -.aa... ~". r.a..._ _.-a ......_ _ ... ". W4IH _.. I'Y..... _.. ___ .". _ ... ,..Co.. _."'.... .. ___ __ ....-..- .., ~ ---. ~~I:..e..ftaM.. III .-, -.." .. ".CoA. If'........ UIC. ...., . ..-...no ....., at .... -.- ~, _ ...._... _ _ __ - ..a Ia. ....,. ,.. .... - .. - --- - ........ ...... ....., ...... -- - - -- --- ,_...... - - .- ... ,... ..--- ..... ... ...... __.. ....- .. _ .n-_. ....... -_. _ lIMo&. _..... .... ~rlI"?"";rr!-. .... .~......~~ _.. 7/(/.., .we. fII&a _,.._... .. ...,. .. .... - - _.-. "10. _ . _'U_"'_ all '""... __ - .. --. -_. -- ~.- - - ...... - ....... ... .... ....~ --- - -- .,,~.... --..- _. ~~~ .._II'" ..,_ _....rr~~ ~c;. M'WIND ,.-7-.,. c".....O 01$1 1000' PJIIOJ NO. 870"& -1 It.". ...,. DUANE ~ ASSOCIATES 1M. ~ - ~....... .......... ... ..cQ........ MH ,.... ......u fO ...0 0' _It . I!. . !ItlAwN.., v I .. 80IIIfDUtY . ~"1IIiIC SUAV!'1 "'''CU. ... ~I/I,"l/Z ..EV~.~l~ "gl'lQII'M.T"',,,na c:ou.a" COUllh' VI.OlIII'" ntUl ~ '"!,~.'" _"'_ .., .. , .,. ,.. .,!I ,.:' .'.. ..... . '. \ .. .....1, . - --.-- II ,c '~:='-.. ,....,.p. ...1'\,1.0,,-. ... ,.>4.--,.,)<w.. 1). ~VJ ,; eirda~Nb. ffiS10 September 13,"'2005 Page 18 of 22 ,..: ". .-... EXHIBIT ..A.- P....lL- ot..J.L. 1____ L.J [89'51'33' Ptember13'20;5 I ...:_______ Page 19 of 2 ;:; in i 00.09' .~ ~ ~... p.o.e. I ~ e 1 P.O.B. vi 1 I I .--------------------------------------------- ~ ~ \ \ ti I \ ~ \ w~ RICHARD D. AND FRANCIS A. CRAIG O.R. BOOK 2107. PAGE 1174 ... en ob ... 0 . .... FTl...... --------------------------------------------- L i 70 LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South. Range 26 East. and being a portion of tho.. lands described in O.R. Book 2107, Page 1174, of the Official Records of Collier County, Florida. being more particularly described as follows: Commencing Clt the EClst 1/4 corner of Section 34, Township 48 South, Range 26 EClst; thence N.89'S1 '33"W. along the North Itne of the Southeast 1/4 of sold Section 34, o distance of 100.09 fSllt to Its IntersecUon with the WesteMy right-of-way line of County Rood 9~1 (Collier Boulevard); thence S.02' I 6'01 "E. along Bold right-of-way line, 0 distance of 1,004.15 feet to the POINT OF BEGINNING; thence continue S.02'16'OI"E. along sold line. a distance of 334.72 feet to Its Intersection with the South line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of eoid Section 34; thence N.8S'49'11"W. along laid South line, 0 distance of 64.06 feet; thence N.02'16'01"W" o distance of 334.71 feet to its intersection with the North line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of sold Section 34; thence S.69'49'47"E. along eald North line, 0 distance of 64.06 feet to the POINT OF BEGINNING. Containing 21,422.33 square fSllt or 0.4918 acres, more or less. LINE L16S L170 LINE TABLE LENGTH 64.06 64.06 NOTES: l I \ \ \ \ 1. This Is not a survey. 2. Boels of bearinll Is the West line of County Rood 951 (C.R. 951) being S 02'16'01" E. Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to eosements, reservation. and restrictions or record. 4. Easements shown h.reon ore per plat, unle.. otherwise noted. 5. ROW represents Right-of-Way. 6. P .O.B. represents Point of Beginning. 7. P.O.C. represent. Point of Commencement. B. O.R. represenb Official Records. 9. LB.E. represente Landscape Buffer Easement. 10. U.E. represents Utility Easement. EXHIBIT..&.. Pege-L of-L- f5"~. \ DAVID J. HY . P; . .. (FOR THE FIRM) F'LORIDA Lie.! NO. 5834 "l-;.q-o ). ! ~DATE SIGNED) NOT VALlO WITHOUT T"!,E SIGNATURE AND THE ORGINAL'RAISEO SEALI OF A FLORIDA LICENSED suRvEYOR AND 'MAPPER. eERTIFI~TE OF AUTHORIZATlqN. LB '43 N ~ O:z:liOO 100 GRAPHIC SCALE PIlOJECT NO" 65061 PNlCl:l. NO. I 1.31 W11.MIIIB'-'~UO- ".,...................... ...........~...... . ~~ 1I'IIcnIlIw, m ......,..........=_IIIf.r.'_~.:...__ DrI/ZOQJ Sap 23. 200lI - 'll'.Be,~ 1l1.AM11lU:lK;\IMl\NlOle\ealodl00.c1w9 I zoo COLLIER COUNTY DEPARTMENT OF TRANSPORTATION PfOO.IECT NO. N!OJ5-005-000 SKE:TCH de DESCRIPTION 11U: NO.1 2L 812 RICHARD 0, AND FRANCIS A. CRAIG O.R. BOOK 2107, PAGE 1174 LEGAL DESCRIPTION A portion of th. South 1/2 of the South 1/2 of the North.ost 1/4 of the South.ast 1/4 of Section 34, Township 48 South, Rang. 26 East, and being 0 portion of those lands described in O.R. Book 2107, Page 1174, of the Official Records of Collier County. F'lorida, being more particularly d.scribed 01 follows: Commencing the South.ast corner of the North.ast quarter of the Southeast Quarter of soid Section .34 Thence North 89"49'11" West alon; south line of th. north.ast quarter of the southeast quarter of said Section 34 a distance of 100.09 feet to its intersection with the Westerly ri;llt-of-way lin. of County Road 951 (Collier Soulevord) thence continue olon; said south lin. North 89"49'11. West 64,06 feet; Thenc. North 02'1S'01. We.t, a distance of 25.02 feet to the F'OINT OF BEGINNING: thence North 89"49'11" West, 0 distance of 5.00 feet: thencs South 02' 1 S'01" East, a distanc. of 20.02 f.et; thence North 89'49'11" Wesl, a distance of 38.04 feet; thence North 02'16'01. West, a distance of 50.05 feet to its interlllction with a line lying 55.00 f.et North of as m.asured at right angl.. to lhe South lin. of the northeast quarter of the southeast quarter of said Section 34; thence South 89"49' 11. East. along !taid line a dislance of 43.04 f.et; thence South 02'16'01" East, a distance of 30.03 feet to the F'OINT. O~. SEGJN,f\/ING. ContainiQv-'.,~1.65~.8'7 .Squ. are feet or 0.0471 acres, more .ar less. ~Ub 'Iet. ;.P.PJitnill.}(~nd restriction. of record. I\, _./ ".. e;" 10. t.:Il DAViD- J: PtTI. .:S.lk (FOR THE FIRM) FLOR/[i)1\ C. N": 5~S4 ,. ) 1(, If'. .' NOT VAU(\"WITHOIJr THE SIGNATURE AND THE ORGINAL RAlSE:DSEAL OF' A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTlF'ICATE OF' AUTHORIZATION LB #43 08/04/05 08/02/05 03/07/05 01/05 UPDATED PER COUNTY COMMENTS UPDATED F'ER DESIGN CHANGES UF'DATED PER COUNTY COMMENTS UPDATED PARCEL NUMBER POO4CT HO~ 65061 >MCEI. NO. : 931 r""""."".'-- - ~ ...... .........~- ......-- ~Inc. '- ""..... - - ... _.,lIw,M. ..._,,_,__ ,._ __ Mo. 24, 2004 - lJ:oe:u ULAMURElx:\5UR\N6015\95hd100.dw9 N I I I h n \ \ """ I ci I ~ I ~ I ~ \ b \ U o ... ... U') ...... dl ... U') en r- t1l I ~ U y~ 100.CII' 164.15' I ~. LINE TABLE LENGTH 25.02 5.00 20.02 38.04 50.05 4 ,04 30.03 NOTES: 1. Thi. i. not 0 .urvey. 2. Ba.is of bearing is the W..t line of Counly Road 951 (C.R. 951) b.ing S 02'16'01. E. F'lorido State Plane Coordinates NAG 83/90. East Zone. 3. Subject to .os.m.nts, reservations and restrictions or record. 4. Ea.ement. shawn hereon ore per plat. unl... otherwise noted. 5. ROW represents Right-of-Way. 6. F'.O.B. represents Paint of Seginning. 7. P.O.C. repre.ent. Point of Commenc.ment. 8. O.R. represent. Official Records. 9. L.B,E. represents Land.cape Buffer Easem.nt. 10. U.E. represents Utility Ea.ement. EXHIBIT .~ Page-L "...1..- I IOC COW(R COUNTY DEPARTMENT OF mANSPOlfT'ATlON SKrrcH ~ DESCRIP770N 09/2oo~ PllOoIlCT NO.: N60 1$-00$-000 ru NO.1 2L-812 RICHARD D. AND I'RANC1S A. CRAIG O.R. BOOK 2107, PAGE 1174 I I h I :.: ci \ ci o o - - \ Se~tember 13, 200~ \ Page 21 of 2 \ h o I ci I - It) 01 \ l u \ ... It) 01 I 0:; U yy LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Ronfjle 26 East, and b.lnfjl a portion of tho It landl dllcribed in O.R. Book 2107, Pafjle "74. of the Official Records of Colli.r County, F"lorida. beinfjl mar. particularly deacrlbed os follows: Comm.ncing the South.ost corner of ths Northeast quorter of the Southeast Quarter of said Section 34; Thenc. North 89'49"1" W..t along south li"e of the northealt quarts,. of the loutheast quarter of said Section 34 a distance of 100.09 feet to its int.rsection with the W.st.rly right-of-way line of County Road 9~1 (Comer Boulevard) thence continue along said south line North 89'49' 11" West 135.13 feet to the POINT OF BEGINNING: thence North 89'49'11" W.st, 0 distonc. of 16.00 feet; thence North 00' 1 0'49" East. 0 distanc. of 40.00 f..t: thence North 38"00'50" East. a distance of 18.99 feet to its intersection with 0 line Iyinfjl 55.00 feet North of os measured at right anfjll.. to the South line of the northeost quarter of ths southealt quarter of said Section 34: thence South 89'411'1'" East. along said line 0 distance of 30.03 feet; thence South 02'16'01. East. a distance of 16.01 feet; thence North 89'49'11. W..t, 0 distance of 15.ot feet; thence South 41'17'45" West, a diltonce of 17.26 feet: thence South 00'10'4Sl" West, 0 distance of 26.00 feet tll the POINT OF" BEGINNING. Containing ',282.S8 Iquare feet or 0.0294 acres, more or I..... SUb'ect to .acUmlln.ts restrictions of record. DAVID J. 'fA. ,).5. R THE FlRM) F"LORIOA LIe 2;1~' 58,~ -0' I "if ."..:rj ,.:- ...y: NOT VAUD:W\T;iOUT' ~ .sIGNATURE AND THE ORG1NAL RAISE!) tStAl... OF" A F"LORIOA. LICENSED SURVEYOR ANo-"M~PPER. . CERTIF'ICATE OF' AUTHORIZATION LB '43 LINE Ll L2 L3 L4 LS L6 L7 LB LINE TABLE LENGTH 16.00 40.00 18.119 30.03 16.01 15.01 17.26 26.00 NOTES: EXHIBIT 0 - .........l- of...,L 1. This is not a IUrvey. 2. Basis of bearing is the Ws.t line of County Rood 951 (C.R. 9~1) beinfjl S 02'16'01. E. Florida State Plane Coordinate. NAD 83/90. East Zone. 3. Subject to eosementl. reservations and restrictions or record. 4. EOllments .hown hereon ore per plot. unle.. otherwise noted. 5. ROW represents Rifjlht-of-Way. 6. P .O.B. represents Point of eellinninfjl. 7. P.O.C. repr...nt. Point of Commencement. 8. O.R. represents Official Record.. 9. loB.E. represents Landscope Buffer Easement. 10. U.E. represents Utility Ea.ement. N ..~ I o "~m ~ GRAPHIC SCALE COWER COUNTY DrFWmtIOO OF' T'RAHSPORTATlON _t NO.1 ~61 ~ NO. I 531 WiI.....~~- ........ ...... ....... ........~..... --- WIIIlWlMlI/iIr. /lie. ___.... ...,:r-=~~::"" _~_ ~/200~ Mar 24, 2004 - ":08:44 "'LAMU~~IX:\SuR\N8Dl!\g!"a'OO.a"v ~THO.l N601fj-005-000 SKEJCH I: DESCRIPT10N IU NO. 2L-812 Agenda Iten:' No. 16810 . Page 22 of 22 ~ . jt'J_&~.?1:~":~ \ '0 In l 100.09' ~ -;~-_... P.O.C. "'0 \ ~ ~ P.O. 1 vi I I I ---------------------------------------------- RICHARD D. AND F'RANCIS A. CRAIG O.R. BOOK 2107, PAGE 1174 z o "'i .... Cl'l c:5 .... . ::E h \ 0 I Ii I ~ -' 01 c:5 0 -' 0 ;t; . ,.., ... ...... f1l N to -' t... U! ;jli ~ ,01 ~. ~ ~ I a; U yy L174 L17J L172 ---------------------------------------------- L171 LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeaet 1/4 of Section 34, Township 48 South, RanQ' 26 Eost. and beinQ a portion of thon lands d..crlb.d in O.Ft Book 2107, POQe 1174, of the Officiol Record. of Collier County. Florida. being more particularly d.scrlbed os follows: Commencing at the East 1/4 comer of Seclion 34, Township 48 South, Ran;e 26 Ea.t: thence N.89'51'33.W. alan; the North lin. of the Southeaet 1/4 of .oid Section 34, a distanc. of 100.09 flit to its Intersection with the West.rly right-of-way line of County Road 951 (Collier BOlll....ard); thence S.02'16'01. E. alon; said rl;ht-of-woy line, 0 distance of 1,004.15 feet to the POINT OF BEGINNING; thence continue S,02'16'OI.E. along said line, 0 distance of 334.72 feet to Its Intereection wllh the South line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of sold Section 34; thence N.89'4S'11.W. alan; said South line, a diltance of 64.06 reet: thence N,02'15'01.W., a diltance of 25.04 feet; thence N.87'43'5S" E., a dietonce 01 15.31 feel; thence N.02'1S'01.W" a distance of 17.32 leet: thence S.87'43'59.W.. a distance 01 15.31 feet; thenee N.02'15'01.W.. a dietonce of 291.35 feet to lts intersection with the North line of the South 1/2 of the South 1/2 of lh. Northealt 1/4 of the Southealt 1/4 of said S.ction 34; thenc.. S.89'49'4/E. along laid North line, 0 distance of 54.06 feet to the POINT OF BEGINNING. Contoinin; 21.156.48 square flit or 0.4857 acres. more or I.... FIRM) 1. REVISED PER COUNTY COMMENT 7-01-05 ,t\OJtCT 100"65061 Wi,.,.,Ifii-.ftW- - ...... ...... .....,... ~- ---~ ~Ino. . .... iOool.,... _ _ ,... _..",.~.... __lIlINDI._ _,.~ ___ Idar 24. 2004 - tJ:ot\:.. MLAr..tUAF."X:\!I'IJR\Nfllin,,,\Q,,-..4UV' ......... I ---------- I LINE TABLE LENGTH 64.05 &4.06 2 .04 15.31 17.32 15.31 1. Thil Is not 0 sllrvey. 2. Basis of b.arin; il the West line of County Rood 951 (C.R. 951) b.ing S 02'16'01. E, Florida State Plan. Coordinate. NAD 83/110, Eoet Zone, 3. Subject to ea.ement., r..ervotions and restrictions or record. ' 4. Eoumentl shown h.reon ore per plot, unl... oth.rwise noted. 5. ROW repre.ents Right-of-Woy. e. P .O.B. repr.s.nts Point 01 Se;innino. 7. P.O.C. represents Point of Commenc.m.nt. 8. O.R. r.pre..nt. Official Records, 9. L,S.E. r.pr.sent. Londscope Sllffer Easement. , O. U.E. r.presents Utility EOllment. 4 N 1- __ I, a to 110 100, ' OIW'HIC SCALE EXHIBIT L ....-1- of.-l- I zoo COWER COUMY OE:P~ OF TIWISPORTAnON SKlrrCH . DESCRIPTION 09/2003 I'tI04CT NOJ N601.5-oo5-000 -- .- .--- Agenda Item No. 16B11 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $90,000 to the Collier Metropolitan Planning Organization's (MPO) Operating Budget for FY 2005/06 OBJECTIVE: To obtain Board of County Commissioners approval of a budget amendment in the amount of $90,000 to the Collier Metropolitan Planning Organization's (MPO) FY 2005/06 Operating Budget. CONSIDERATIONS: On June 14,2005, the Board of County Commissioners approved the MPO's FY 2005/06 Operating Budget, which began on July 1 st. The amount of new Federal Highway Administration Planning "PL" grant funding to be received in FY2005/06 is $379,320 with an additional $250,500 being carried over from previous fiscal years for major efforts such as the 2030 Long-Range Transportation Plan update and Comprehensive Pathways Plan. Since a greater proportion of these consultant contracts are being conducted in FY 2005/06 than what was projected in March 2005 (when FY 2004/05 Federal funds not expected to be spent by June 30, 2005 were de-obligated), staff is recommending that $90,000 be re-allocated from staff salaries and associated expenses to consultant services. The attached excerpt from the MPO's FY 2005/06 Unified Planning Work Program (UPWP) details how the FY 2005/06 PL funds are recommended to be re-allocated to consultant services and among planning tasks. The Collier MPO Board approved this 2005/06 UPWP amendment at its July 27, 2005 meeting. It should be noted that these budget amendments are being made within existing funding levels and that no budget increase is being requested. FISCAL IMPACT: A budget amendment is needed to transfer funds from Personal Services to Operating Services within the MPO Budget. The requested budget amendment does not change the overall funding levels contained in the Collier MPO FY 2005/06 Operating Budget. GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's Growth Management Plan. RECOMMENDATION: That the BCC approve the MPO's amended FY 2005/06 operating budget and the necessary budget amendment. Prepared by: Charles Barmby, AICP, MPO Director Attachments: (1) Tables I from the Adopted 2005/06 MPO Unified Planning Work Program (UPWP), (2) Budget Amendment Form relating to FHW A PL Planning Grant. Aaenda Item No, 16811 ~ September 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1681\ Recommendabon for BCC approval of FY 2005/06 MPO Operating Budget amendment. 10 re-allocate $90,000 from staff salary and relAted expenses to consultant services. 9/1 >12005900:00 AM Meeting ON: Prepared By Charles Barmhy Principal Planner Date Transportation Services Tr8naportlltlon Planning 8/23120052;22;02 PM Approved By Norm E. Feder, AICP Transportation Division Administnrtor D... Transportation Services Transportation Services Admin, 8/2312005 3:50 PM Approved By Donald L, Scott Transport.ltion Planning Director Oat. Tronsportation Services Transportntian Planning 8123/20054:55 PM Appruved By Sharon Newman Accounting Supervisor Oat. Transportation Services Transportation Administration 812412005 5:34 PM Approved By Pat Lehnhard Executive S&Cretary Oat. Transporttrtion Services Transportation Services Admin 3125120059:02 AM Approved By OMS Coordinator Administrative Assistant Dolo County Manager's: Otnco Office of Management & Budgat 8129/2005 9:30 AM Approved By Mark Isack_on Budget Analyst Date County Manager's Office Office of Management & Budget 15129/200510:23 AM Approved By MiehOO'1 Smykowski Management & Budget Director Oat. County Manager's Office Office of Manllgement & Budget 912120054:39 PM Approved 8y J.~a V. Mudd County Manager Date BoatO of County COlnm!t>sioners County Manager'. omce Sl/212005 5:42 PM ,L!)(") ::rO- woo e,oC"J(") 'TC"'iw Cl)"- OJ z....ro ~~CL ~~ ltlo. "1t!al ffi(/) f I Z o f:c. ~~ CoCo __c:J ~ ~ ~I -.)'""0 ~::(..j. ~ ~~I . :,...~ ~;;.. ZL... W " ~ ~ I- '" (!) "0 I1l ~ Q) > roW C) o ...J I- o o u.. I j ~<I 0. tit o Ie I~ I~ i g ... II.) 0' n. :E c o ~ C) '" lD o -" '" I1l I- 'l*< 7Jl I1l I- I"';:' ~ ! 0 0 I ~ d ~- I ~... '" 21 o ~ I1l :E ... Ul lD Ci ttl Z ... o I.) ~ 18 ... '" ... '" "'I '" I I \ I ... 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I,., Iffi iM I I - N .... co .... cO t6 ;;:; ... - N :: ~ ~ ~ ::0 0 .2 ct <( .c .... .8 "- .. ~ :E ..E =: t ~ ~ ::> ::> en (f) '" w ~ ~ en (J) ~ ~ g ~ .q N aj ,...; en M ~ "Ij '" N co "" -... ... ~I "'1", I 8. ... ... ... '" ""' N 0; "" lfl M tXl "" <"i N ;;; ... <D '" - ~ '" "'~I '" 8 OJ l;e 2' 11- c~ fA ;:!: !A! ~j'i 8 -.::1"i t.."'l I . oil ~ "".1 '" ~, &1 ~l ~.8 ~ (/)1 4J 0....... ~i ~:;;~ '" !;! *:g .9 -= E '" o o.~-O -g5 .!': ~ E \I"jt ~ g ~l ~ w gj :::> ~ ~I (.J ., a: t ~ ;! rl g; ?t !3~ m ~ tL ~ E (ij g ~ U; -= > o ~ Ii; U ro '0 .... ... '" ... '" ... "" .'He o o ,.; <t ... -I- - to ~ .... ... 8 "< - '" 01 '" ,.; Ig l~ "'1 i , i Ol :;!: e! -<i III ~ ~ ~ c Q ~ U to ~ E ..J a. to .... - <i u') ... ... '" o o U) t- ("oj g ~ .,. o~ to r_ r., "" a; <6 ~, ... . J:: rn .8 c '" 'Iii E :l a:: '" 0 ~ .~ ::> "- ....J ~ ~ ~ ~ Ii; ill o -5 g '6 ::> U ,5 "' .>l "' JS ro .2 "= o iii E .: ~ .g u ro '0 f- 'i;: "' '0 C .2 N ro Q; u '" LL. C: o C '" -5 '0 ro ;: .9 ro ~ Q) u.. (; :; o E .. '" E .2 .c o co E ~ .2 '0 c :l o E '" Q) -5 '0 C .. OJ c '6 c .2 (") o ,., '" <( .... u.. '0 C ::> o E '" III -5 "' C '" '" Q) c. ~ '" ~ '" ~ c 0.: 0 ~ ] c... !E ::J C '" '" :5 :2 E 'E u ::> Q} 0 Vi E Q} rn :J '" cr E ~ f- .,; ~ '3 cr ~ .0 ::; 6: ~o 8 A.. ~~ " '6 ~ " .. Ul III ro (J .2 '0 Ul C '" rn 2 ~ -g U5 ~ ~ '" .D III :J C Q) > t" '0 t" "3 ~ s (; C :J o c: ro '" -5 c '" "' ~ c. t" '" ~ "~ ~ I- o c o 0 u. ] .j :': o C ~ Q) (f) :g o C o :J N 0 c: ii; '" .c f- o LL. -- _. - Agenda Item No. 16C1 September 13, 2005 Page 1 of 29 EXECUTIVE SUMMARY Recommendation to convey a Utility Easement and an Access Easement to the Water-Sewer District for ten public water supply well sites, associated pipeUnes, and access on property owned by Collier County within the Henderson Creek Canal corridor at an estimated cost not to exceed $185.00, Project 708921. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board), convey a Utility Easement and an Access Easement to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (District). The public purpose is to provide easements required for the construction and maintenance of utility improvements and facilities for the South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD (project). CONSIDERATIONS: This Project has been identified as one of the capital improvement projects required under the 2003 Water Master Plan Update adopted by the Board on May 25, 2004, Agenda Item 10 D, The Project involves the construction of raw water mains and wells that will provide an additional yield of sixteen (16) MGD of raw feedwater to supply the proposed 12- MGD reverse osmosis expansion at the South County Regional Water Treatment Plant (SCRWTP), which expands the total reverse osmosis fmished water production capacity to 20 MGD, An overall Project Timeline is attached. On May 10,2005, Agenda Item 10 C, the Board approved a resolution authorizing the acquisition and condemnation of the necessary rights and interests required for the Project. The attached Well Location Plan (Figures 2A and 2B) shows the approved wellfield alignment and well site locations. Ten ofthe well sites (Nos, 1,2, 7, 8,9, 12, 13, 15, 19, and 23), and their associated pipelines, are located on property owned by Collier County within the Henderson Creek Canal corridor lying to the south of Beck Boulevard and to the east of County Road 951, all as shown on the attached Well Location Plan. The South Florida Water Management District (SFWMD) has control of permitting for all activities within this corridor. Recent discussion with SFWMD has indicated that location ofthe well sites and pipelines within the corridor is acceptable, providing that access along the east canal bank is maintained for SFWMD. Staff recommends that the easements be conveyed at no cost to the District. The attached Utility Easement and Access Easement have been reviewed and approved by the County Attorney's Office and the Public Utilities Division, Exhibits "A" to these Easements depict the specific easement areas to be conveyed from the County to the District. In addition, areas required temporarily for construction purposes are depicted on the attached Exhibit "B," The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Swnmary. -- /""""" /""""" Agenda Item No. 16C 1 September 13, 2005 Page 2 of 29 FISCAL IMPACT: The total cost will not exceed $185,00 for the recording of the Utility Easement and the Access Easement. Funds in the amount of $185.00 are available in the FY 05 budget for this action in Project 708921, South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD. The FY 05 budget was approved by the Board on September 23,2004. Source of funds is Water Impact Fees (411). ' GROWTH MANAGEMENT IMP ACT: The Project is recommended in the latest 2003 Water Master Plan adopted by the Board on May 25, 2004, Agenda Item 10 D. REcOMMENDATION: Staff is recommending that: 1, The Board approve, and authorize Chairman Coyle to execute, the attached Utility Easement and the attached Access Easement; and 2, The District accept the attached Utility Easement and the attached Access Easement; and 3, The Board authorize the use, by the District, of the area depicted on the attached Exhibit "B" for temporary construction purposes for a period not to exceed three years, 4, The District authorize the recording of the Utility Easement and the Access Easement in the Public Records of Collier County, Florida. PREPARED BY: Hans Russell, Senior Property Acquisition Specialist Real Estate ServiceslFacilities Management Department Agenda Item No. 16C1 September 13, 2005 Page 3 01 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Sunvnary: 16C1 Recommendation 10 convey A U~lily Easement and an Ac<:e6s E,6sement to the Water-Sewer District for ten public water 8uppl't wel16ites, associated pipelines. and access on property owned by Collier County ~thin the H(Jnde~on Creek Canal oorridor at an estimated cost not to exceed $185_00, Project 708921. 9/13/2005 9:00:00 AM Meeting O.te: Prepared By Hans Russell Senior Property Acqul$ition Specialist Date Administrative Services Far.tlttles Management 813!200S 10:00:43 AM Approved By Thomas Wides Operatiollt Director OBI. Public UtilitIes Public utllltlos Op&rmiOns 8131200511:.&8 AM Approved B,.. Charles E. carrington. Jr., SRJWA Real Estate Services Manager OBI. Administrative $&rvices Facilities Management 8(3/200511:55 AM AIJproved By Porfirlo E. Gramtrtger.:. P.E. Sr. Project MlIn~ger Public utilities Public UtilitIes Engineering D... B1312005 12:01 PM Approved By Roy B. Anderson. P.E. Public Utilltlet;: E:ngineering Director Date Public utilities Public Utilities Engineenng 813/20051:11 PM A pproved By Skip Camp. C.F.M Facilities Management. Director Date Administrative Service$. FacUlties Management 81312005 2:27 PM Approved By Toni A. Mott Real Property Supervisor Oat. Administrlltive Servi<::e$ Facilities Management 8/5120057:25 AM Approv~d By Jame'S W. Delany Public Utilities Administrator Date Public UtititMts Public Utllitie6= Administration 8f9/2Q05 9:31 AM Approved 8}' OMB Coordinrator Administrative Assistant Oat. County Manager'. Office Office of Management & Budget 619i2005 1:49 PM AfJllroved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 6f10r200512:39 PM Approved By Michael Smyt'iowski Management & Budget Director Date County Msnager's Office Office of Mall8gement & Budget 811612005 10:'6 AM Appro,red By Jamal> V. Mudd Board of County Comtnis51oners County Manager Da.. County ManalJCr's Office 8116120057:47 PM ~ N 0) ~ :~ ..- -"" . ci r <DO Z ~ ~~ cu ~ ~ -g r .~ ~ e <( a. - C'G ..... .- 0- C'G (J c o .- m c ca Q. >< W "0 - CP E;: - - ~ C C) :E I o N Q. ~ ~ CJ en . . CI) E C'G z ..... u CI) .~ ~ a. ,... o o N " o > u.. It) o o N It) o > u.. CQ o o N "" o o N CD o o N ... 5 "lit C") .. - a ~ 5 - .. 5 ~ - a c:? - a ~ 5 - .. - a ~ 5 c:? a ~ 5 o'"=_-"";JII;'-;:O- _ IC.t~ II" ~;";.' ,L ~;."""! '" 1\.. lB.!'" .., ,"..'l' .~, _, l'"" r- II- t;; ~. ~:. ... -" . ~:.' " ".' '" .'" . ~- ,. ..,." ,J., 1---- ~- ."" iI'. lIli'CcIll!' -"le._lIlill< ---+-- 1--1- -- - ... 5 8 _, .,_ n .J.. c:? · - 5 ~ - a - II) o o ... z w > w - .. - a '! 5 c:? - a ~ - a - ... 5 -- . . ~. ~ .' I', "'," , ~ _..~ .-.._.."~,,,._, -.,. I o o o Q It) o fPi tit c o ~ .ift '5 cr u ~ "0 C IV .... o .,. g ,- c o I~ GI fI.I ::;) "0 C IV .... II) .... CO') iii CD .... tit ,~ E ... GI A. ...... C at 'ift GI Q .. o o o Q o o Q C'\l c o :e = ... 1;; c o u o o o o~ o .... tit II) .... CO') vi .... m fPi C'\l tit c o :e GI a. fI.I c I-t - IV .... ~ ~ GI '0' ... Q. w z - --' w :E i= t- () W J o c::: a.. ;; ! "3 cr GI Di: c o ;: U c( l!! III - It! o U c o ;: u'D 2 GI - - 11/ III C E 0- UO; .. GI Agenda Item No, 16C1 September 13, 2005 Page 5 of 29 WELL LOCATION PLAN (FIGURE 2A) 11 JI . . .. . 0( ) I a :E ) I . . I , PUD - CnY GATE DRIVE t Q~lR ~~~ ~ I III III ~ ~ ~ " 2 '" ~ o :0 SCAlE: ,". 800' ~~ :z:"U o NUl ~a ~ F a ::l o Z "U ~ ~~;!!~ lIle~~ i;;~ !~~i "i~i ~3~~ Ol5e ~ ~ i HENDERSON CREEK CANAL CORRIDOR [ MATCHLlNE SEE FIGURE 28 ] n ~ ill ~ WELL LOCATION PLAN (FIGURE 2B) Agenda Item No. 16C1 September 13, 2005 Page 6 of 29 n FILE: ~:\Prol8cl&\Tom""\SCRWTP Wellfleld\21 CAIlD Flles\21.60 PreliminarY Desj',"\FIC2-1 (PROPOSED) 1:1 04/01/05 08:18 G/oi:'S . :I . . ,. . 0( . z a :I: . Z . . z ~ ~ 2 l"l ! o '" HENDERSON CREEK CANAL CORRIDOR ~;g 00 :1;"0 o "'en ~e ::e ,., r- r- r- ~ o Z "0 5: z ~1IE;g8 "'~lDE lIl~Fi!a "'b~ ~~38 ~~rn~ ~~~~ ~oz:u J!~Z d;ij;!!1: N~~g 0::10 !l::Zl"l f3C)~ l"l ~ WEl..l SITE No.7 (60'x22' SITE) ---.J WEl..l SITE No.9 (100'x22' SITE) --... mil ~ Jo1LJ Cr-- run ~ '-0 o ~ ~ . --... { '? ;= '< I- /2 V' - PUD 0 ~ HENDERSON CREEK CANAL CORRIDOR l \ ( 11- WEU SITE No. 6 EJ (40'x60' SITE) :.:~~~" 12" r-.. I, COLLECTION I.-- PROPOSED 30' RAW WATER ~AlN \, ,; TRANSMISSION MAIN G I \ ,WELL SITE No. 10 .,/ / (40'xSO' SITE) .~ (F,~ y-"~ :>IIt, ') 1/ ~'X8??, }. EXISTING 170' F'PL EASEMENT ~ ~WELL SITE No. 11 SITE) ~ Y'G~(40'X60' SITE) . ROAD EASEMENT j WELL SITE No. 12 ~x22 SITE) ~ f-- --PROPOSED 24" RAI WA1~ I TRANSMISSION l.WN PROPOSED IS' UTIUlY EASEM M /~ SITE No. 1 (40'x50' SITE) PU RST ISSEI SLY MINISTRY ED CAllC N NO REI "8IUTAl1ON PUO - SWAMP S GGY /lAY<: ""W WATER TRAN MISS N ~ ~N 1\ 1..- PI OPO~~. 8. RAW WATER ) C< ~ ION MAIN r h.. tll' ~ / -('[' SITE . 17 '\1 L30' ROAl: EAS MOO ~40'x ) l~~ S~~. 5 (40' 0' 0.<-/ ~ E IsnN 17C' FPI EASEJ.IEII PU - SWAMP BUGG DA..s... ~ If. V;;U,.~ \ (100'x22' :-. ''''''/ ruJ~ROPOSED 15' COLlECllON ) MAIN ~ ",--"",. . No. 23 (60'x22' !\. 't ).-~~ S 'E.,~ 18 \ "-WELL "IT<' ) 14u xS No. 19 Ii I l.;';;"~ ~.. "-I-- PROPOSED 16")AW W. TRANSMISSION M~N ~ /,,",WELL SIT<' ~NO. HI. J ~22' LPROP,9,; 8" RAW WATER COLLE" N MAIN '~ WELL SITE No. 22 ~"t.} RATTlESNAKE 1OO:iii )'cK ROAD MOCK PARK W~"'''~R1 n P OPOSED G I~ ~~JW WELL SITE No. 21 I (40'x60' SITE) Y--PROPOSED 8" R.t\ WATER I COLLECTION MAIN 1--WEl..l SITE No. 0 (40'x50' SITE) G '" I I I I ~t SCAl.E: 1.- 800' 5 c: :u l"l N lD Agenda Item No. .16C 1 September 13, 2005 Page 7 of 29 PROJECT: SCRWTP RO Expansion to 20 MGD Wellfleld Project UTiliTY EASEMENT THIS EASEMENT, made and entered into this _ day of , 2005, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Grantor", to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COlliER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, hereinafter referred to as "Grantee". WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility purposes, and access, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same .unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to, water lines and pipes, well pumps and raw water wells, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman ,Deputy Clerk Approved as to form and legal sufficiency: ~j~/~ J- (~ Ellen T. Chadwell Assistant County Attorney EXHIBIT A . page--L.sA -:Jr. PROJECT PARCEl FOLIO Agenda Item No. 16C1 September 13, 2005 Page 8 of 29 706'1;1.1 qt,t, H/A , SKETCH AND DESCRIPTION OF A UTILITY EASEJlENT FOR PRODUCTION WELL NO. 1 IN lHE NW 1/4 OF SECTION 2, TWP 50, S. RGE 26 E. COWER COUNlY. FLORIDA P.O.C. N. 1/4 CORNER OF SEC. 2 7 NORTH LINE OF THE NW 1/4 OF SEC~ 2+ _..A "'- 777.00' : S871S'31"W I I w I . - I ~ If) '> . N< IX) . 1 N Nib N 0 LoJ , If) · 1 'b~ I ~~ : m: 8 120.00' I P.O.B. - POINT OF BEGINNING (I) P.O.C. - POINT OF COMMENCEMENT __.J\y_.J P;O.B. BECK BL YD. 3: N 89"31'25- E 60.00' PROPOSED 20' UTILITY EASEMENT . - 10 0", 0- 'co ~~ 8 z 60.00' S 89031'25- W t~ ~~ /. DESCRIPTION: A PARCEL IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUl\lTY. FLORIDA, DESCRIBED AS FOlLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION. 2, THENCE RUN S 8715'31" W FOR A DISTANCE OF 777.00 FEET ALONG THE NORTH LINE OF THE SAID NORTHWEST 1/4 OF SECTION 2; THENCE RUN S 00'28'35" E FOR A DISTANCE OF 221.25 FEET; THENCE RUN S 89'31'25" W FOR A DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING; lHENCE CONTINUE S 89"31'25" W FOR A DISTANCE OF 60.00 FEET; THENCE RUN N 00'28'35" W FOR A DISTANCE OF 40.00 FEET; THENCE RUN N 89"31'25" W FOR A DISTANCE OF 60.00 FEET; THENCE RUN S 00'26'35" E FOR A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,400 SQUARE FEET, OR 0.06 ACRES, MORE OR LESS. ~- ----~~---- J N. Y.RK/SON (FOR THE FIRM LB6773) ONAt SURvEYOR AND MAPPER FUlRlDA...l,lCtNSE NO,.,l.SL!878 THIS ~"'11'AY OF ~ 2004. tQJE; THE PARCEL BEARING, DISTANCES, AND AREAS CAlCUlA ml ARE BASED ON A FIELD SURVEY Of' SECnCH 11. BASIS Of' BEARING: STATE PLANE COORDINATE SYSTEM, F1.A. EAST ZONE, '83/'90. lHlS IS NOT A SURVEY JEFFREY C. COONER AND ASSOClA lES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUllE 4, FORT M'tERS. FLORIDA 33912 PHONE: (23;)277-0722 FAX: (23;)277-7179 EMAJl: SURVEYlNOGCOONER.COt.t ClIENT: GREELEY AND HANSEN, LLC DRAWN BY: ~M CHECKED BY: J.N. W. PARCEL DESCRIP'nON: WEll NO.1 DAlE: 7/20/04 SCALE: 1&-30' IREV: 10/20/04 PROOUCnON ~ll UnUTY EASEMENT IN THE NW 1/4 Of' SEC 2-50-26 PROJECT No: 020901 DWG No: (PW-2) -&ISHEET: 1 OF 1 Agenda Item No, 16C1 September 13, 2005 Page 9 of 29 ~:k: PROJECT PARCEL FOLIO 70 "6C; 'J../ Cj~ 7 "1/,4 SKETCH AND DESCRIPTION OF A 20' UTIUTY EASEMENT IN lHE NW 1/4 OF SECllON 2, TWP 50, 5, RGE 26 E, COWER COUNTY, FLORIDA 1-)- :x: < CI== -I ..Jl.&.. .:do I ~I- ~~ o~ 0.)-1- <zQ o<:::z; ~~~ 90< l.&..UW ~8 It) . 'b~ P o ~ I 375.00' _V NB9"31'25-E P.O.C. N. 1/4 CORNER OF SEC. 2 "7 NORTH LINE Of THE NW 1/4 Of, SEC.! .A.r _) I '- 777.00' \ ~ S87'1S'31"W 10 . l 1'1 10 -;>. N< OJ . 1 N BECK BLVD. 5 I b N 0 S89.31'25-W I P.O.B. 180.00' Vl __J\y-_J 8~ d~ NlIO ~ o z V 374.54' t~ ~~ J. KEY; P.O.B. - POINT or BEGINNING P.O.C. - POINT OF COMMENCEMENT tlESCRIPTION: A STRIP OF LAND IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY. FLORIDA. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SEC110N" 2, THENCE RUN S 8715'31" W f"OR A DISTANCE OF 777.00 FEET ALONG THE NORTH LINE OF THE SAID NORTHWEST 1/4 OF SECTION 2; THENCE RUN S 00'26'35" E FOR A DISTANCE OF 201.25 FEET: THENCE RUN S 89'31'25" W FOR A DISTANCE OF 180.00 FEET TO THE POINT OF BEGINNING; THENCE CON11NUE S 89'3\'25" W FOR A DISTANCE OF 374.54 FEET TO THE EAST UNE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN S 00'50'53" W FOR A DISTANCE OF 20.00 FEET ALONG SAID LINE; THENCE RUN N 89'31'25" W FOR A DISTANCE OF 375.00 FEET; THENCE RUN N 00'28'35" W FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,495.40 SQUARE FEET or 0.17 ACRES, MORE OR LESS. tQIE; THE PARCEL BEARING, DISTANCES. AND AREAS CALCULA 1m ARE BASED ON A FIElD SUR\'EY OF' SECllON n. BASIS OF BEARING: STATE PLANE COORDI"A TE S'l'STEM, fI.A. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOClA 1ES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD" SUITE 4, FORT MYERS. f\.ORIDA 33812 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNOOOOONER.COM aJENT: GREELEY AND HANSEN. u.c DRAWN BY: ....Iot aiEa<ED BY: J.N.W. PARCEL DESCRP'I1ON: DAlE: 7/20/04 SCMt!:- 1"-30' 20' UllUTY EASEMENT IN THE NW '-/4 OF SEC 2-50-26 PRO.ECT No: 020901 ;-~~,HEriRM LB6773) ~C:~ SUR\'EYOR AND MAPPER FLORIDA IlCENSE N.D. j.S 4878 ~S~DAY ~ 200~ REV: 10/20/04 DWG No: rPR-2) ,- SHEET: 1 OF 1 Agenda Item No, 16C1 September 1.3, 2005 Page 10 of 29 ~-1;- PROJECT__20. tf) t7 ;z./ PARCEL <:;;/p q FOLIO vA ~ SKETCH AND DESCRIPTION OF A UTILITY .EASEMENT FOR PRODUCTION WELL NO. 2 IN lHE NW 1/4 OF SECnON 2. TWP 50, S. RGE 26 Eo COWER COUNlY. FlORIDA i~ ~ P.O.C. NW CORNER OF . ':l SEC. 2 ~~o . IC) IC) . :: :5 III BECK BLVD. L' ~~ t. 60.00' ~ PROPOSED 20' .. UTILITY ~g EASEMENT CO '!- - p~ o o (I) a:: cj :z 80.00' N 89"52'00. W DESCRIPTION: A PARCEL IN THE NORTHWEST 1/'" OF SECTION 2, TOYrNSHIP. 50 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: KEr.: C.R. - COUNTY ROAD P.O.B. - POINT OF BEGINNING P .O.C. - POINT OF COMUENCEMENT COMMENCING AT 11-lE NOR11-lWEST CORNER OF SAID SECTION 2. THENCE RUN S 00'50'44" W FOR A DISTANCE OF 115.00 FEET ALONG THE WEST UNE OF SAID SECTION 2; THENCE RUN S 89'52'00" E FOR A DISTANCE OF 95.00 FEET TO 11-lE POINT OF BEGINNING; THENCE CONTINUE S 69'52'00" E FOR A DISTANCE OF 60.00 FEET; THENCE RUN S 00'08'00" W FOR A DISTANCE OF 40.00 FEET; THENCE RUN N 89'52'00" W FOR A DISTANCE OF 60.00 FEET; 11-lENCE RUN N 00'06'00" E FOR' A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. --~...o;; "'Om) =-si::~~:fii~D MAPPER R.ORI,Q~ WCENSE NQ. ~ 4876 THIS 7::)dIbAY OF'~ 2004. CONTAINING 2,400 SQUARE FEET, OR 0.06 ACRES, MORE OR lESS. wm: THE: PARca BEARING, DISTANCES, AND AREAS CAlCULA TED ARE BASED ON A FIELD SURVEY OF SEcnON 11. BASIS OF BEARING: STATE PlANE COORDINATE SYSl[U, flA. EAST ZONE. '83/'90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCI AlES, INC. SUR'YE'YING AND MAPPING .1900 COlONAL BlVD" SUllE 4_ FORT MYERS. FLORIDA 33912 PHONE: (2.19)277-0722 FAX: (2.1&)277-717& EMAIL: SURVE'1INGGCOONER.COM a.JENn GREElEY AND HANSEN, LtC ORA... BY: .....w atEa<ED BY: J.N.W. PARCEL DESCRPnON: ~ NO.2 DAlE: 7/17/04 SCALE: '''-3D' REV: 10/20/04 PRODUCl1ON WEll Ul1UTY EASEMENT IN THE NW 1/4 Of' SEC 2-50-26 PROJECT No: 020901 D~ No: (PM) .- SHEET: 1 OF 1 EXHIBIT. A_ page~-Z: PROJECT PARCEL F Oll 0 Agenda Item No. 16C1 September 13, 2005 Page 11 of 29 7o~C, ;)./ 9t,'1 IYILJ . SKETCH AND DESCRIPTION OF A 20' UTILITY EASEMENT IN lHE NW 1/4 OF SECl10N 2, 1WP 50, S. RGE 26 E. COWER COUNTY, FLORIDA --- t~ ~~ -/ "- ~ P.O.C, NW CORNER OF ~ SEC. 2 ~~.+ C! ~ 10 . .... 0 .... 0 V) t BECK BL YD. \ P.D.B. \I-----~V--- .- ( 155.00' ..... 8 I 18 c:i I N N iJJ I to g Ol 0 Z 589-52'OO.E 1001,00' .. I -. 31: ....r :r;~ Q, ...Ju... ~o I 0:1- lIJ:r; ~Q 00: Q"rl- <z~ o<~ et:Q"UJ o~tf) ...Jo< u...Ul.LJ u UJ VI UJ z ::J l- V) ~ A .. 1001,75' N89"S2'OO.W - . 8::1 db Nll> o o If) ~ <.3 1SE:t: C.R. - COUNTY ROAD P.O.B. - POINT Of' BEGINNING P .O.C. - POINT OF COUMENCEUENT DESCRIPTION: A STRIP OF LAND IN THE NORTHWEST 1/4 Of SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: . " COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2, THENCE RUN S 00"50'44- W FOR A DISTANCE OF 115,00 FEET ALONG THE WEST LINE Of SAID SECTION 2; THENCE RUN 5 89"52'00. E FOR A DISTANCE OF 155.00 FEET TO THE POINT Of BEGINNING; THENCE CONTINUE S 89"52'00. E FOR A DISTANCE OF 1002.00 FEET TO THE WEST LINE OF A FlORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN S 00'50'53. W FOR A DISTANCE OF 20.00 FEET ALONG SAID WEST LINE; THENCE RUN N 89"52'00. W FOR A DISTANCE OF 1001.75 FEET; THENCE RUN N 00'08'00. E fOR A DISTANCE OF 20.00 fEET TO THE POINT OF BEGINNING. CONTAINING 20,298 SQUARE fEET or 0.47 ACRES, MORE OR LESS. ~ tmlE; 1HE PARCEL BEARING, DISTANCES, AND AREAS ___ _ __::::::::::::---- CALCUL.AlED ARE BASED ON A FIElD SURIJEY OF JA N. YotLKlSON (FOR 1liE FIRM LB&773) SECTION 11. BASIS OF BEARING: STATE PLANE PR ONAL SURvEYOR AND MAPPER COORDINATE SYSlEM, flA. EAST ZONE, '&3/90. ~~~SEOfN~ ~~. ' THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIA lES. INC. SURVE'nNG AND MAPPING 3900 COLONIAL BLVD.. SUllE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (238)277-7178 EMAlL: SURVEYlNCOCOONER.COM CUEtfn GREElEY AND HANSEN, LLC ORA_ BY: .11M CHEa<ED BY: J.N.W. PARCEL DESCRPllON: DAlE: 7/17/04 SCALE: '..30' REV: 10/20/04 20' unuTY EASEMENT IN 11iE NW 1i. aF ~C 2-50-28 PROJECT No: 020901 DWO No: r__-l' - SHEET: 1 OF 1 EXHIBIT ~ Page .:r...Df ....i!2....- Agenda Ilem No. 16Cl September 13, 2005 Page 12 of 29 PROJECT PARCEl FOlIO 70 fi'1 ~I 9b9A ~/A SKETCH AND DESCRIPTION OF A UTILITY EASEMENT IN THE NW 1/4 OF SECnON 2, TWP SO, S, RGE 26 Eo COWER COUNTY, R.ORIDA J N. 'MLKISON (FOR THE FIRM LB8773) P SIONAL SURVEYOR AND MAPPER ~~~~~N~4. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURw:tING AND MAPPING 3900 COLONIAL BlW.. SUIlE 4, FORT MYERS, FLORIDA 33812 PHONE: (239)277-0722 FAX: (238)277-7178 EMAIL.: SUR\lE'r1NGOCOONER.COM CUENT: GREELEY AND HANSEN, LtC DRAWN BY: .lfM OtEQ<ED BY: PARCEL DESCRIPnON: DAlE: 7/20/04 SCAlE: 1"-30' unuTY EASEMENT IN THE NW 1 4 OF SEC 2-50-28 PROJECT No: 020901 DWO No: I lRACT 10, TaLGA TE COMMERCIAL CENTER, PHASE 2, P,B. 18, PGS. 23-24 I SEC 2 NORni UNE NW \ 4, . 89"56'. _ P.O.B. 155.02'. j- SB9'S6'18-W 1S.00' NORnI R/W UNE t&J . ,., It) " " CD 0C'f 10' o~ ~C'f " ;!I: lOa ,.,,., . It) ~b -10 8 (I) I I I BECK BLVD. I F I ~ ~g I o' 00 I (/)C'/ N89.31'25'E 15S,04' 1S,oo' ;!I: . 'Nt') O)~ '0 fOlO 0)8 (/) 15S,04' 589"31'2S"W FLORIDA POVtER '" LIGHT COMPANY RIGHT-Ot-WAY EASEMENT S89'5S'16"W SOUnl R/W UNE KEY: P.B. - PLAT BOOK PG.(S) - PAGE(S) P.O.B. - POINT Of BEGINNING P.O.C. - POINT Of COMMENCEMENT R/W - RIGHT-OF-WAY P.O.C. SE CORNER OF TOllGATE COt.IUERClAL CENTER, PHASE 2, P.B. 18, PGS. 23-24 DESCRIPTION: A SlRlP OF LAND IN mE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE soumEAST CORNER OF TOlLGATE COMMERCIAL CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK 18, PAGES 23-24, PUBLIC RECORDS OF COWER COUNTY. flORIDA, THENCE RUN S 69'56'18- W FOR A DISTANCE OF 155.02 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF BECK BOULEVARD TO mE POINT OF BEGINNING; THENCE RUN S 00'50'53- W FOR A DISTANCE OF \71.35 FEET; THENCE RUN N 89'3\'25- E FOR A DISTANCE OF 155.04 FEET TO THE EAST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN S oo'50'5J" W FOR A DISTANCE OF 20.00 FEET ALONG SAID LINE; mENCE RUN S 89'3\'25- W FOR A DISTANCE OF 155.04 FEET; THENCE RUN S 00'50'53" W FOR A DISTANCE OF 96.92 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF BECK BOULEVARD; TI-lENCE RUN S 69"55'16- W FOR A DISTANCE OF 15.00 FEET ALONG SAID LINE; THENCE RUN N 00'50'53- E FOR A DISTANCE OF 288.29 FEET ALONG mE .WEST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY r- RIGHT-OF-WAY EASEMENT TO SAro NORTH RIGHT-OF-WAY LINE; THENCE RUN N 89'56'18- E FOR A DISTANCE OF 15.00 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. CONTAINING 7,425 Square Feet or 0.17 Ac.:i:. ttWE; nlE PARCEl. BEARING, DISTANCES, AND AREAS CALCULA lED ARE BASED ON A FIELD SURVEY OF SECTION 11. BAStS OF BE:ARING: STATE PlANE COOROINA TE SYSTEM, FLA. EAST ZONE, '83(90. -FPl REV: 10/20/04 - SHEET: I OF 1 Agenda Item No. 16C1 September 13, 2005 Page 13 of 29 ~~~-k PROJECT 7 f/ '1 C, :J. I PARCEL q7 ~ FOlIO 1'//14 I SKETCH .AND DESCRIPTION OF A PERJlANENT UTIUTY AND ACCBSS EASEMENT (82_P) IN niE WEST 100' Of SECllON 11, TO..SHIP 50 S, RANGE 26 E, COWER COUNTY. flORIDA FOREST GLENN Of' NAPlES SUBDl't1S1ON P.O.B. ..,7'44'"[ PlAT BOOK 31, PAGE 94 H88,7'44'"[ _ _ _ 80.06' 40.04' l~ · NORni lINE SEC110N 11 ~ ~~ia ~ ~ ~ i~Ji~~ PROPOSED PERMANENT 2 uS ~11. UTILITY EASEMENT ~ I . ~ :;; .~ ~ 01 Ii d ---:" I: ....--- PROPOSED TEMPORARY ~ ~ CONSTRUCTION EASEMENT I I ~~ ~ z ~: ~ ... .- HENDERSON CREEK ~o! .- CANAL R/W (100') x~ 5 ~m 1ll1Offi F= 40' ~ ~ II~ u ~3 bl 587'25'4l1)-W ~1~t5~ SOUni UHE SEClION 11 ~un~ N8';;~9-E 60.11' 40.07' I I I I PROPOSED PERMANENT ~~~o!~~ . UTILITY .. ACCESS EASEIoI€NT do::orLrLi msBIPlION Of' A PERWANEHT U11UTY AND ACCESS EASEMENT L'l1HG IN 1HE EAST 40 FEET Of' lHE WEST 100 FEET OF SEClION 11, TO..SHIP 50 SOUlH, RANGE 26 EAST, COlLIER COUNTY. F1..ORIOA, WORE PARlICULARlV DESCRIBED ASrO\J..OWS: COMMENCING AT lHE HORlHWEST CORNER Of' SAID SEClION 11, lHENCE RUN N88'\7'44-[, A DISTANCE OF 80.08 FEET ALONG THE NORlH UHE OF SAID SEClION TO 1HE POINT OF BEGINNING; lHENCE CanlNUING ALONG SAID HORlH UNE N88'7'44-E. It. DISTANCE Of' 40.04 FEET TO lHE EAST lINE Of' 1HE HENDERSON CREEl< CANAL R\QHT-Of'-Wlt.V, lHEHCE RUN SQO'SO'44"W. It. DISTANCE Of' 8505,31 FEET ALONG SAID EAST UNE TO lHE SOUlH UNE OF SAID SEC1ION 11; THENCE RUN 587'25'49"W, A DISTANCE Of' 40.07 FEET ALONG 1HE SOUlH LIIE OF SAID SEC1\ON 11; lHENCE RUN HOO'!SO'44-E. It. DISTANCE OF 5l505.lI)g FEET ALONG A LINE lHAT IS PARAl.l.EL 'MlH AND 40 FEET WESlERLV Of'SAlD EAST UNE Of' lHE HENDERSON CREEK CANAL RlGHT-OF-WAV TO lHE POINT Of BEGINNING. CONT,QaNO 220.220 SQUARE FEET OR 5.08 ACRES, WORE OR LESS. --~--~---- t!IQlE; 1HE PARCEL BEAR\NO, DISTANCES, AND AREAS CALCUl.A lED ARE BASED ON ... FIELD SURVEY OF SEC1\ON ", BASIS OF BEARING: STAlE PLANE COOROlNAlE SYSTEM, F\A EAST ZONE, '83;80. THIS IS NOT A SURVEY COONER &: ASSOCI A TES,INC_ SURVEYING AND MAPPING 5870 ZIP DRI\IE, FORT MYERS. FLORIDA 33905 PHONE: (239)2.77-0722 FAX: (239)2.77-7179 EtotAlL: SUR'VE't1NGOCOONER.COM CUENT: GREELEY AND HANSEN, u..c DRAWN BY: DICT atEa<ED BY: ....W PARCEL DESCRlPl1ON: DAlE: 04/05/05 SCALE: 1-.20' PERM. U1lJTY .t ...CCESS EASEMENT IN 1HE EST 100' Of' SEe 11-50-28 PRo..ECT No: 030705W.... [.ARltEN l'O'MISEND (FOR THE FIRM LBe773) PROfESSIONAL SUR~ AND MAPPER FL~ LJCENSE NO. LS 8478 lHIS ~ DA V OF :;4 p,c,lI 200&. REV: OWO No:030705WA-ESY SHEET: 1 OF 1 ~~:k: PROJECT PARCEL F OLl 0 Agenda Item No, 16C1 September 13, 2005 Page 14 of 29 7o~c, ~I 973 If/A , SKETCH AND DESCRIPTION OF A PERJUNENT UTILITY AND ACCESS EASEMENT (SS.P) IN THE WEST 100' OF SECnON 14, TO~SHIP 50 S, RANGE 26 E, COlUER COUNTY, FlORIDA PROPOSED PERMANENT UTIUTY .. ACCESS EASEUENT P.O.B. N87'25' 48"E NOR"!!. UHE SEClION 14 40.07' N8T25'4""E 60.11' HENDERSON CREEl< ~~ CANAl R/W (100') ~4! 40' ~~ ~ ~ i !I 01 " a: EI ~ 0 PRoPOSED PERMANENT ~ unllTY EASEMENT ~ ... ;! ~ i5 ~ ~ lDo~ . ~ i CIliiS r= ~ ~~~2 1;1 8 ~ ~ if ~1It~ ... z ~~4!~b z :J ~~D"''''; ~ S8T38'OJ"W SOUTH UNE SEClION 14 ~a:~~~2 N8T3S'03"E 60.10' 40.08' I 11.I.i ~lt ID<JI a: a:dd. PROPOSED PERMANENT oc::da:n:i unuTY .. ACCESS EASEMENT DFSCRIPlION OF A PElWANENT UTUTY AND ACCESS EASalENT lWIG IN THE EAST 40 FEET OF THE WEST 100 FEET OF SEClION 14, TOWNSHIP 50 SOUTH, RANGE 28 EAST, COWER COUNTY, FlORIDA; MORE PARlICUlARl.Y DESCRlBEO AS FClU.OWS: CXII8mfaNG AT THE NOR1HWEST CORNER OF SAID SEC1ION 14, 1HENCE RUN N87'2S'48"E, 'A DISTANCE OF 60.11 FEET AlONG 1HE NORTH LINE OF SAID SEC1ION TO THE POINT OF BE~G; lHENCE CON.....UING AlONG SAID NORTH UNE N87'25'48"E, A DISTANCE OF 40.07 FEET TO 1HE EAST LINE OF THE HENDERsON CREEK CANAl RIGHT-OF-WAY; 1HENCE RUN SOO'!50'44"W, A DISTANCE OF 5357.48 FEET AlONG SAID EAST LINE TO THE SOUTH LINE OF SAID SEC1ION 14; lHENCE RUN S87'38'03"W, A DISTANCE OF 40,06 FEET AlONe THE SOUTH UNE OF SAID SEC1ION 14; lHENCE RUN Nocn5O'44"E, A DISTANCE OF 5357.31 FEET ALONG A UHf THAT IS PARAUa NTH AND 40 FEET WESTERLY OF SAID EAST UNE OF THE HENDERSON CREEl< CANAl RIGHT-OF-WAY TO THE POINT OF BEGINNING. CONTAINING 214,2150 SQUARE FEET OR 4.92 ACRES, MORE OR LESS. --~~-~----- tQIE; THE PARCEl. BEARING, DISTANCES, AND AREAS CAlaJI.A lED ARE BASED ON A F1ElD SUR\IEY OF SEC1ION 14. BASIS OF BEARtNG: STAlE PlANE COORDINATE SYSTEM, FlA. EAST ZONE, '8.'51'90. THIS IS NOT A SURVEY COONER & ASSOCIATES, 'INC. SUR\rFtING AND ..APPlNG 5670 ZIP DRl~ FORT "VERS. R.ORlOA 33905 PHa€: (239)2n-0722 FAX: (239)2n-7179 EUAlL.: SUR\'EYINGOCOON~,COU aJENT: GREElEY AND HANSEN. lLC DRAWN BY: DIeT OIEQ<ED BY: .... PARCEl.. DESCRIPlION: DAlE: 04/08,10& SCAlE: 1"-20' PERM. UWTY ~ ACCESS EASEMENT IN THE WEST 100' OF SEe 14-50-28 PROJECT No: 030705W.A DARREN TOWNSENO (FOR THE F1RM LBanJ) PROFE'SSIONAl SURVEYOR AND MAPPER n..0RIDj\ J,JCENSE NO. Lf. 5471S THrS .-'.:!!! DAY OF ~ c.. . 2005. REV: DWO NO:Cl30705WA-DW SHEET: 1 OF' 1 Agenda Item No. 16C1 September 13, 2005 Page 15 of 29 ~!.~:k: PROJECT PARCEL FOlIO 70'$'1;;"/ cr74 NIA- . SKETCH AND DESCRIPTION OF A UTIUTY EASEMENT FOR PRODUCTION"WELL NO.7 IN lHE SW 1/4 Of lHE NW 1/4 OF SECll0N 11, TWP 50 S, RGE 26 E COWER COUNTY. FLORIDA P.O.c. NW CORNER SECll0N 11 100' HENDERSON CREEK CANAL R/W W % ::J ~ a: w N88'17'<<"L _ _100.10' NB7"54"5t"E 22.03' P.O.B. iii CJl << d !'" ~8 ~d 8ID % :.: 8) d~ ID~ 22' w: C.R. - COUNTY ROAD P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT R/W - RIGHT-OF-WAY 22.03' SB7"54'S9"W DE:!';CRIPllON A PARCEL LYING IN lHE SOUlliWEST 1/4 OF lHE NORlHWEST 1/4 Of SECTION ", TOWNSHIP 50 SOUlH. RANGE 26 EAST, COWER COUNTY, FLORIDA: ' COUMENaNG AT lHE NORlHWEST CORNER OF SAID SECllON 11, lHENCE RUN N88'17'44"[, A DISTANCE ,Of 100.10 FEET MoONG lliE NORlH UNE OF SAID SECTION TO lHE EAST UNE Of lHE HENDERSON CREEK CANMo . . RIGHT-Of-WAY; lHENCE RUN SOO'50'<<"W. A DISTANCE OF' 2348,60 FEET MoONG SAID EAST UNE TO lHE POINT Of BEGINNING; lHENCE CQNlINUE S00'50'''"W, A DISTANCE Of 60,00 FEET MoONG SAID EAST UNE; lHENCE RUN S8T54'SS"W. A DISTANCE Of 22.03 FEET; lHENCE RUN NOO"50'''"[' A DISTANCE Of 60.00 FEET MoONG A UNE RUNNING PARALLEL TO SAID EAST UNE; lliENCE RUN NB7'54'S9"E, A DISTANCE Of 22.03 FEET TO lHE POINT Of BEGINNING. CONTAINING 1.322 SQUARE FEET OR 0.03 ACRES, MORE OR LESS. ;;'-(\~~~iNEf1,jj lB8773) P~ONAL SURvtYOR AND MAPPER FLORIDA UCENSE NO.~_ 4878 , lHlS J.!r DAY Of bJI.& 200S. w:u:E: lHE PARCEL BEARING. DISTANCES, AND AREAS CALCULA lED ARE BASED ON A FIElD SURVEY Of SECllON 11. BAStS OF BEARING: STATE PLANE coORDINATE SYSTEU. F1.A. EAST ZONE, '83/90. lHlS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURYaYINCJ AND MAPPING 5670 ZIP ORIVL FORT MYERS, FLORIDA 339Ol5 TELEPHONE: 238.277.0722 FAX: 238.277.71781!lMA1L: ~.COM CLIENT: GREELEY AND HANSEN. u.c DRAWN BY: ,1f(F PARCEL DESCRIPllON: WElL NO, 7 DAlE: 8/28/04 PRODUC1ION WELl. UllUTY EASEMENT IN lHE SW 1 4 AND lHE SW 1 4 OF SEe 11-50-2 PRo..ECT No: 020901 CHECKED BY: J.N. W. SCAlE: 1".30' REV: 3/30/05 DWG No: SEC11w-TCE(P7) SHEET: 1 Of 1 EXHIBIT ~ Page -fL..J1I-::z:r:.. PROJECT PARCEl FOlIO Agenda Item No. 16C1 September 13, 2005 Page 16 of 29 7o~9;z,1 975' NJA , SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION "ELL NO. 9 IN THE NW 1/4 AND THE SW 1/4 Of SECTION 11, TWP 50 S. RGE 26 E, COWER COUNTY, flORIDA .' DESCRIPTION A PARCEl LYING IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/<4- OF SECTION 11, TO~SHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, flORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 11, 'THENCE RUN N87'25'49'E. A DISTANCE OF 100.18 FEET AlONG THE SOUni UNE OF SAID SECTION 10 THE EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY: THENCE RUN NOO'50'44"E, A DISTANCE OF 1820.43 FEET AlONG SAID EAST UNE TO THE POINT OF BEGINNING; THENCE CONTINUE NOO'SO'44"E, A DISTANCE OF 100,00 FEET AlONG SAID EAST UNE; THENCE RUN S8T42'01"W, A DISTANCE OF 22.03 FEET: THENCE RUN SOO'SO'<<"W, A DISTANCE OF 100.00 FEET ALONG A UNE RUNNING PARAllEL TO SAID EAST UNf; THENCE RUN N8T42'01"E, A DISTANCE OF 22.03 FEET TO THE POINT Of BEGINNING. CONTAINING 2203 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. -~~-.HiFiW "'173) =:i~~ SURVEYOR AND MAPPER FlORl91 ~CENSE N~SCr 4876 THIS DAY OF 2ool5. ttQIE: THE PARCEl. BEARlNC, DISTANCES, AND AREAS CAlCULATED ARE BASED ON A Flfll) SUR\iEY OF SECTION 11, BASIS Of' BEARING: STAlE PlANE COORDINATE SYSTEU, FLA. EAST ZONE, '83;90. THIS IS NOT A SURVEY COONER & ASSOCIA TES, INC, SuRvl!:nNCJ AND MAPPlNlJ 156702Jp DIWE, FORT MYERs. FLORlDI'.338015 "JliUDoHoNE: 239.277.0722 FAx: 239.277.7179 I!JoIAJL: ~.COhl WENT: GREElEY AND HANSEN, U.C DRAWN BY: J.N.W. PARCEL DESCRIPTION: WEll. NO. 9 DAlE: 8/28/04PRODUCTION WELL UTIUTY EASatENT IN THE NW 1/4 OF THE SW 1/4 OF SEC 11-50-28 PROJECT No: 020901 CHECKED BY: J.N.W. SCALE: 1"-30' I REV: 3/30/05 DWO No: SECflW-TCE(Pe)! SHEET: 1 OF 1 EXHIBIT 4,- Page~....!.2- Agenda Item No. 16C1 September 13, 2005 Page 17 of 29 PROJECT 7 0 fJ ~ ;Z I PARCel '17(, FOLIO Ii/A I SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 8 IN lliE SW 1/4 OF THE SW 1/4 OF SECllON 11, TWP 50 S, RGE 26 E COLLIER COUNTY, FLORIDA S87'32'18"W 22.04' I Vi 0> I 5 I 3= ~8 ~g ..... . .~ 8~ gs z " ~~ J. 22' 100' HENDERSON CREEK CANAL R/W 22.04' f P.O.B. N87'32'18"E ..... .. ~... }1jg 8co z ~ ::I ~ 0:: ..... 0( P.O.C. SW CORNER SECl10N 1'--z.... '- N87'25'49"E 100.18' ~ - - ...? KEY: C.R. - COUNTY ROAD P.O.B.-POINT OF BEGINNING P.O.C.-POINT Of' COMMENCEMENT R/W - RIGHT-OF-WAY S UNE SECl10N 11 DF'SCRIPllON A PARCEL LYING IN lHE SOUlHWEST 1/4 Of' lHE SOUlHWEST 1/4 OF SECl10N ,11. TO\\ttSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA: COloIlotENClNG AT lHE SOUlHWEST CORNER Of" SAID SECTION 1" tHENCE RUN N87'25'4g"E. A DISTANCE Of' 100.18 FEET ALONG lHE SOUlH UNE OF SAID SECl10N TO lHE EAST UNE Of' 1HE HENDERSON CREEK CANAL RIGHT-OF-WAY: lHENCE RUN NOO'50'+4"E, A DISTANCE OF 888.17 fEET ALONG SAID EAST UHE TO lliE POINT OF BEGINNING: lliENCE CONl1NUE NOO'5O'44"E, A DISTANCE OF 60.00 FEET ALONG SAID EAST UNE; lHENCE RUN SS7'32'1S.W, A DISTANCE OF 22.04 FEET; lHENCE RUN Soo'SO'+4"W, A DISTANCE OF 60.00 FEET ALONG A UNE RUNNING PARAU.El. TO SAID EAST UNE: lHENCE RUN NSTJ2'18"E. A DISTANCE Of 22.04 FEET TO tHE POINT OF BEGINNING. CONTAINING 1,322 SQUARE FEET OR 0.03 ACRES, MORE OR LESS, tQIE;; . ~' ~ /.-._ lliE PARCEl. BEARING, DISTANCES, AND AREAS ____ _ ~=-______ CAL~TED ARE eASED ON A flElD SURVEY OF J...... ' W1U<1SON (FOR lliE flRt.C LB6773) SECl10N 11, BASI$ OF BEARING: STATE PLANE PROF ONAL SUR\t:YOR AND MAPPER COORDINATE SYSTEM, F1..A. EAST ZONE, '83/,90. ~~SEOfN~~~5. THIS IS NOT A SURVEY COONER & ASSOCIA YES, INC. SURVEYINO AND MAPPING 15870 ZIP DRIVE. FORT MVIRS, FLORIDA SS9O!S TEuJOHONE: 239.277.0722 FAX: 239.277.7179 I!MAIL: 8UR\1EV1NGIOCOONIlA.COM CUENT: 0Rm.EY AND HANSEN, LLC DRAYtt4 BY: N PARCEL DESCR\PnON: WELL NO, 8 DAlE: 9/8/04 PROOUCllON WEll. Ul1UlY EASEWENT IN lHE SW 1/4 Of'lliE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 QiECKED BY: J.N.W. SCALE: 1-.30' IREV: 3/30/05 DWG No: SEC11W-TCE(pdSHEET: 1 Of' 1 Agenda Item No, 16C1 September 13. 2005 Page 18 of 29 EXHIBIT -L- Page -!L..oI..l.5::::. PROJECT PARCEL FOU 0 _ 70~9'21 Cf77 1i,/14 SKETCH AND DESCRIPTION OF.A UTILITY EASEMENT FOR PRODUCTION WELL NO" 12 IN THE NW 1/4 OF lHE NW 1/4 OF SECll0N 14, lWP 50 S, RGE 26 E COWER COUNTY, flORIDA 1..-- NfIT.'25' 49"E r- N ':NE SE_ClION 14 100.18' L --., I L' ~~ t P.O.C. NW CORNER SECTION 14 100' HENDERSON CREEl< CANAL R/W ~ ;10 . lD ~~ OlD o III w Z ::l ~ a:: w ... N8T27'23"E , 22.04' _~ P.O.B. u; 01 Ii U , I I I w ~ ~8 8~ ig g! 22' KE:X: C.R. - COUNlY ROAD P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COt.CUENcatENT R/W - RIGHT-OF-WAY 220M' S8T27'23"W DESCRIPTION A PARCEL L'l'1NG IN T1iE NORTliWEST 1/4 OF T1iE NORTIi\lllEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUlH, RANGE 26 EAST, COWER COUNTY. FLORIDA: COt.IMENQNG AT T1iE NORTliWEST CORNER OF SAJO SEClION 14, THENCE RUN N8T2S'4S"E, A DISTANCE OF 100.18 f'EET AlONG lHE NOR'TH UNE OF SAlD SEClION TO THE EAST UHE OF 1HE HENDERSON CREEK CANAl RIGHT-OF-WAY: lHENCE RUN SOO'50'44"W, A DISTANCE OF 889.88 f'EET AlONG SAID EAST UNE TO T1iE POINT OF BEGINNING; T1iENCE CONlINUE SOO'50'''''"W, A DISTANCE OF 80.00 FEET AlONG SAID EAST UHf; T1iENCE RUN S87'27'23"W. A DISTANCE OF 22.04 FEET; T1iENCE RUN NOO'5O'''''"E, A DISTANCE OF 60.00 FEET AlONG A UNE RUNNING PARALLa TO SAlD EAST UNE; THENCE RUN N8T27'23"E, A DISTANCE OF 22.04 FEET TO THE POINT OF BEGINNING. CONTAINING 1,322 SQUARE FEET OR 0.03 ACRES, LtORE OR ~. ;.;;.- ~~n:-.;;; lBOm) PR~~ SUR\o'EYOR AND LtAPPER FtORII)A .UCENSE Ng. _~ 4876 'IHlS U::t:: DAY OF ~ 2005. WUE; THE PARCEl BEARING. DISTANCES, AND AREAS CAlCULATED ARE BASED ON A F1ElD SURVEY OF' SEClION 14. BASIS OF BEARING: STATE PLANC: COOROJNA lE SYSlEt.C, FlA. EAST ZONE, '831'90. lHlS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE. FORT MYERs. FL.ORJDA 339015 1'EL.EPHoNE: 239.277.0722 FAX: 239.277.7179 EMAlL: BllRVEYINGOcooHER.COM CUENT: GREEI..EY AND HANSEN, u.c DRAWN BY: .. PARCEL DESCRfPnON: \lIEU. NO. 12 DATE: a/12/M PROOUCllON WEU. UlIUTY EASEMENT IN NW '/. OF THE NW 1/4 OF SEC 14-50-26 PRQ.ECT No: 020901 CHEacED BY: J.N.W. SCALE: 1-.30' REV: 3/31/05 OWG NO:sEC14W-TCE(P12 SHEET: 1 OF 1 Agenda Item No. 16C1 September 13. 2005 Page 19 of 29 EXHIBIT ...L. page -l1.....of ...LS- PROJECT PARCEL F Oll 0 7ot{; q ;J.../ <17c? N/A . SKETCH .AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 18 IN THE SW 1/4 OF THE NW 1/4 OF SECl10N 14, TWP 50 5, P.O.C. RGE 26 E, COWER COUNTY, FLORIDA NW CORNER /"-- SECTION 14 \!/ N~'2~9~ 100.18' , _-;..~E SE:TlON 14 ~in ::J ~~ ~ 8~. "" z .. S89'09'1S"E ~ 22.00' P.O.B, .. 100' HENDERSON CREEl< CANAl R/W t, ~J 22' l- I "" ~ I ; ; in 8 ~i 01 J ~~ ci cJ z ~ CR. - COUNTY ROAD P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COUUENCENENT R/W - RIGHT-Of-WAY 22.00' N89'Olt1S.W J I nE"!;CRlPlION A PARCEl.. LYING IN lHE SOUlHWEST 1/4 OF lHE NORlHWEST 1/4 Of SECTION 14, TOWNSHIP 50 SOUlH. RANGE 26 EAST, COWER COUNTY, fLORIDA: COYMENClNG AT 1HE NORlHWEST CORNER OF SAID SECTION 14, 1tlENCE RUN N8T25'411-E, A DISTANCE OF 100.18 FEET AlONG 1HE NORTli UNf OF SAID SECTION TO lHE EAST UHE OF lHE HENDERSON CREEK CANAL RIGHT-Of-WAY; lHENCE RUN SOO"50'44-W, A DISTANCE OF 18711.85 FEET ALONG SAID EAST UNE TO THE POINT OF BEGINNING; 1HENCE CONTINUE SOO'50'44.W, A DISTANCE Of 100.00 FEr ALONG SAID EAST lINE; lHENCE RUN N89'09'16-W, A DISTANCE OF 22.00 FEET; THENCE RUN NOO'5Q'44-E, A DISTANCE OF 100.00 FEET AlONG A UNE RUNNING' PARAUa TO SAID EAST UNf; 1HENCE RUN S89'09'16-E, A DISTANCE OF 22.00 FEET TO 1HE POINT OF BEGINNING. CONTAINING 2,200 SQUARE fEET OR 0.05 ACRES. MORE OR LEss. ~J;;;c;;;n;-;;;; Ul8m) PROFESSIONAl SURvtYOR AND MAPPER flORIDA UCENSE NO LS 4878 TliIS L.!:r DAY OF ~ 200S. tWIE: THE PARCEL BEARING, DISTANCES, AND AREAS CAlCULATED ARE BASED ON A FIELD SUR\lEY OF SECTION 14. BASIS Of BEARING: STATE PLANE COORDINATE SYSTEM, F1.A. EAST ZONE, '83;90. THIS IS NOT A SURVEY COONER 8< ASSOCIATES, INC. SURYEYlNO AND MAPf'IHG 5670 Zip DRIVE, FORT MYERS. FlDRIDA 339Ol5 '1'l!1.EPHONE: 239.277.0722 FAX: 239.277.71791Oo1o\1C 8URVE'tlNcaecooNItR.COM CUENT: GREELE'I' AND HANSEN, w: DRAWN BY: J.N.W. PARCEL DESCRlPlION: WELL NO. 13 DAlE: 8/12/04 PRODUCTION WELL. UllUlY EASEMENT IN 1HE SW 1'i4 OF 1HE NW ;/4 OF SEC 14-.50-26 PRO.ECT No: 020901 (JiEQ(ED BY; J.N.W. ' SCALE: 1..30' IREV: 3/31/05 DWG NO:SEC14W-TCE(P13) SHEET: 1 OF 1 EXHIBIT ~ Page.J..3......M -::JI:. Aqenda Item No, 16C 1 -September 13,2005 Page 20 of 29 PROJECT PARCEl FOlIO '7()'6c;~1 97'1 N/A SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 28 IN THE NW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FlORIDA ~ 01 Ii o I I I ~ ~~ ~ 1&.1 .; g. d~ cog z t~ t~ J. N89'09'16"W 22.00' 22' 100' HENDERSON CREEK CANAL R/W 22.00' I P.O.B. 589'09'16"E ~ :J ~ 0:: 1&.1 1&.1 . " ~ ~ 4,. jO"" g~ z 4. KEX: R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COI.4UENCEUENT . P.O.C. SW CORNER SECnON 14 \I/' N87'38'~.L 100.16' ~ S UNE SECTION 14 DE:SCRIPnON A PARCEL LYING IN THE NORTHWE:ST 1/4 OF THE SOUTH'ItEST 1/4 OF SECllON 14, TOWNSHJP,~ SOUlH, RANGE 26 EAST, COWER COUNTY, FlORIDA: COUIolENClNG AT THE SOUlHWEST CORNER OF SAID SECnON 14, THENCE RUN N87'38'03"E, A DISTANCE OF 100.16 FEET ALONG THE SOUTH UNE OF SAID SECllON TO lHE EAST UNE OF THE HENDERSON CREEK CANAl RIGHT-OF-WAY; THENCE RUN NOO'SO'44"E, A DISTANCE OF 2471.47 FEET AlONG SAID EAST UNE TO THE POINT OF BEGINNING; THENCE CONTINUE NOO'SO'44"E, A DISTANCE Of 60.00 FEET AlONG SAID EAST UHf; THENCE RUN N89'09'16"W, A DISTANCE OF 22.00 FEET; THENCE RUN SO<r5Q'44"W, A DISTANCE OF 60.00 FEET AlONG A UNE RUNNING PARALLa TO SAID EAST UNE; THENCE RUN 589'09'16"E, A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,320 SQUARE FEET OR 0,03 ACRES. MORE OR LESS. ~ ~ lHE PARCEL BEARING, DISTANCES, AND AREAS --- ----------------- CAU::Ul.AlED ARE BASED ON A AElD SUR~Y OF N. VotlkISON (FOR THE F1RU La6nJ) SECllON 14. BASIS OF BEARING: STATE PlANE P ONAL SUR~ AND UAPPER COORDINATE SYSTnl, flA. EAST ZONE, '83/,90. ~~fuY~~N~~~~~5. THIS IS NOT A SURVEY COONER & ASSOCIATES. INC. SURVEYING AND MAPPING 15670 ZIP DRIVE, FORT MYERs. FLoRIDA 339015 1'l!I..EPttoNE: 239.277.0722 FAX: 239.277 .7179 EMAIL: 8URVlMNGOCooNER.COM CUENT: GREElEY AND HANSEN, LtC DRA~ BY: .ifF PARCEl. DESCRJpnON: WEll NO.~. DAm 8/24/04 PRODUCllON WELl UllUTY EASEuENT IN NW 1/4 OF THE SW 1/4 OF SEC 14-50-26 PRo..ECT No: 020901 CHEa<ED BY: J.N.W. SCALE: 1"-30' I REV: 3/31/05 PWG NO:SEct4W-lCE(P2J)fSHEET: 1 OF 1 Agenda Item No, 16C1 September 13, 2005 Page 21 of 29 EXHIBIT ~ Page ..J1;i....JJI-:::Ir:. PROJECT PARCEL FOlIO 7 ()( c, ~ I '1t60 ~/JJ SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 19 IN lHE NW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA SST34'18"W I 22.04' i'ii 01 Ii d t.~ ~N /. ~ j>I , ~~ ~~ ~~ ~~ z 100' HENDERSON CREEK CANAL R/W 1&.1 ~ ~ It: 22.04 f P.O.B. 1&.1 N87'34'1B"E I I ,I 22' P.O.C, SW CORNER SECllON 1... \ /" ~.' ~~ 8- N87'38'03'E 100.16' . z ~ _ - - - - ~ S UNE SEClIOO 1... .' I)E~IPll0N A PARCEl. LYING IN 1HE NORlHWEST 1/4 OF 1HE SOUlHWEST 1/4 Of SECllOO.14, TO'MlSHIP 50 SOUlH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT 1HE SOUlHWEST CORNER OF SAID SEClIOO 14, THENCE RUN N81'38'03"E. A DISTANCE OF 1oo.1S FEET AlONG lHE SOUlH UHE OF SAID SEClION TO lHE EAST UHE OF lHE HENDtRSON CREEK CANAl RIGHT-OF-WAY; lHENCE RUN Noo'l50'''"E, A DISTANCE Of' 1534,14 FEET AlONG SAID EAST LINE TO lliE POINT Of BEGINNING; lHENCE CONlINUE Noo'50'44'E, A DISTANCE OF 100.00 FEET AlONG SAID EAST UHE; lHENCE RUN S87"3....1S.W, A DISTANCE Of 22,04 FEET; lHENCE RUN S00'50'''"W, A DISTANCE Of 100.00 FEET ALONG A UNE RUNNING PARAU..El TO SAID EAST UNE: lHENCE RUN NS7'34'18"E, A DISTANCE Of 22.04 FEET TO lHE POINT Of BEGINNING. CONTAINING 2,204 SQUARE fEET OR 0.05 ACRES, MORE OR LESS. HQIE: ~~ ~ lHE PARCEl. BEARING, DISTANCES. AND AREAS --- -N. 'Mu<~sO;;-(FOR;;EM~ l.B6773) ~WW ":fsa~A~ ~G~A~R~r PR SSlONAL SURV'EYOR AND UAPPER COORDINAlE SYSTEt.t, flA, EAST ZONE. 'B3/'&0. ~O:P~ t1~ySE of~Lt,'1h~5. THIS IS NOT A SURVEY COONER & ASSOCIATES. INC. SURVE\'ING AND MAPPING 5670 ZIP DRIVE. FORT'MYERs. F\.ORIDA 33DOlS TELEPHONE: 239.277.0722 FAX: 239.277.717IUMAIL: lIUflVIMNGlICOOlER.COM . !SEX: R/W - RIGHT-OF-WAY p.o.a.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT WENT: GREELEY AND HANSEN. LLC DRAWN BY: .RF PARCEL DESCRIPTION: WELL NO. 11i1 DATE: 8/3/04 PRODUClION WELL UnUTY EASEMENT IN' ntE NW 1/4 OF ntE SW 1/4 Of SEC 14-50-26 PROJECT No: 020901 OIEO<ED BY: J.N.W. SCALE: 1'.100' TREY: 3/31/06 DWG NO:SEC14W-TCE(P1ijSHEET: 1 OF 1 EXHIBIT -L. Page -LLOi::.J:r:. Agenda Item No, 16C1 September 13, 2005 Page 22 of 29 PROJECT PARCEl FOLIO 7o'if'iill '1 '6'/ H/A ~ SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 15 IN THE SW 1/4 OF SECTION 1..., TWP 50 S, RGE 26 E COWER COUNTY, FLORIDA S8T36'J4.W 22.04' L~ ~~ t ~ ~S &i ... ; ~~ (Do o Z 22' in 01 a: o 100' HENDERSON CREEK CANAL R/W 22.04' I P.O.B. ... N87'38'34"E ~ ~ Q: .... P.O.C. SW CORNER SECTION 14 \,.....- &AI . ~io ~~ gg z N87'38'03"L 100.16' '--- S UNE SECl10N 14 -\ KE:(: R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.o.C.-paNT OF COUUENCEMENT DfSCR'F>l1ON A PARCEl LYING IN lHE SOUlHWEST 1/4 OF SEClION 14, TOWNSHIP 50 SOUlH, RANGE 26. EAST, COWER COUNTY, flORIDA: COIoll.tENClNG AT lHE SOUlH'hEST CORNER Of' SAID SECTION 14, lliENCE RUN N87'J8'OJ.E, A DISTANCE Of' 100,16 fEET ALONG lIiE SOUlli UHf Of' SAID SECl10N TO lIiE EAST LINE OF lHE HENDERSON CREEK CANAL RIGHT-OF-WAY: lliENCE RUN NOO'SQ'....E. A DISTANCE Of 609,88 FEET AlONG SAID EAST UNE TO THE POINT Of' BEGINNING; lHENCE CONTINUE NOO'SQ'..."E. A DISTANCE Of 60.00 fEET ALONG SAID EAsT LINE: lHENCE RUN S87'36'34"W, A DISTANCE Of' 22.04 fEET: lliENCE RUN SOO'SQ'''"W, A DISTANCE Of' 60.00 FEET ALONG A UNE RUNNING PARAlla TO SAID EAST UNf: lHENCE RUN N87'J6'J4.E, A DISTANCE Of 22.04 fEET TO lHE POINT OF BEGINNING. CONTAINING 1.322 SQUARE FEET OR 0.03 ACRES. MORE OR lESS. ~k-. J N. WILKISON (FOR THE AR'" LB6773) PR SSIONAL SURVEYOR AND MAPPER flORIDA UCENSE Nq. !-S -4a76 llilS 1.tt:" Oil. Y OF ~ 2005. wm:: lHE PARCEl.. BEARING, DISTANCES, AND AREAS CALCUt"A TED ARE BASED ON A FIELD SURVEY Of' SECl10N 14. BASIS OF BEARING: STATE Pt"ANE COORD/Nil. TE SYSTEU, A.A. EAST ZONE, '83/'90. lHlS IS NOT A SURVEY COONER 8:' ASSOCIATES, INC. SURVEYING AND ~G 5670 ZIP DRIVE, FORT MYERs. FloRIDA S390!5 'T'Et.aPHoNE:: 239.277.0722 FAX: 239.277.7179 EMAlL: SURVEYlNGOCooNI!R.COM CUENT: GREELEY AND HANSEN, u..C DRAM'4 BY: oRF PARCEL DESCRIpnON: v.aJ. NO. 15._ DATE: 8/12/04 PRODUCl1ON Vofll. vnUlY EASEUENT IN lH SW 1/4 OF' SEC 14-50-28 PROJECT No: 020901 CHECKED BY: J.N.W. SCALE: '..30' REV: 3/31/05 DWG N0:sEC14W-TCE(P15 SHEET: 1 OF' 1 Agenda Item No. 16C1 September 13, 2005 Page 23 of 29 PROJECT: SCRWTP RO Expansion to 20 MGD Wellfield Project ACCESS EASEMENT THIS EASEMENT, made and entered into this _ day of , 2005, by COlliER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Grantor", to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COlliER COUNTY WATER-SEWER DISTRICT, whose post office address is 3301 East Tamiaml Trail, Naples, Florida 34112, its successors and assigns, hereinafter referred to as "Grantee". WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement for access purposes, on, over and within the following described lands located in Collier County, Aorida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land for the purpose of constructing, operating and maintaining utility facilities adjacent thereto. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman ,Deputy Clerk Approved as to form and legal sufficiency: L~ u.~ Ellen T. Chadwell Assistant County Attorney AE 1 EXHIBIT /I Page-LJ1f -z::.. I ~ I I I I I PROPOSED UTILITY EASEMENT ---1 I I I IJJ a . t') Nil) 0). .0 ~~ o o z ;..--C}..~~-;;;.-;;;,; LBB713) ~i~ SURvEYOR AND MAPPER FLORIDA LICENSE NQ. 1S 4876 THIS ~:t&^Y ofCI~ 2004. Agenda Item No. 16C1 September 13, 2005 Page 24 of 29 PROJECT J 0 $ C; 21 PARCEl ~'9 FOLIO AJ;l19 SKETCH AND 'DESCRIPTION OF AN ACCESS EASEMENT IN lHE NW 1/'" OF SECTION 2, lWP 50, S, RGE 26 Eo COWER COUNTY, FLORIDA lRACT 10, TOlLGA TE COUMERClAl CENTER, PHASE 2. P.B. lB, PGS. 23-24 / SEC 2 NORTH UNE NW 1 4. . P.D.B.Cl) P.D.C.(2) SE CORNER OF TOlLGATE COUMERClAL CENTER. PHASE 2. P.B. 18, PGS. 23-24 155,02' 'j NBg.56'1 B-E NORTH R/W UNE . IJJ lOa "!12 -. ""'0 -10 b o z ~ a . 12~ bd ;., ~,..., '" 8- d UJ 0) m: P.B. - PLAT BOOK PG.(S) - PAGE(S) P.D.B. - POINT DF BEGINNING P.D.C. - POINT OF COMMENCEMENT R/W - RIGHT-OF-WAY BECK BLVD. 589"31'2S-W 155,04' P.O.B.(2) l 155.04' NB9',31'25-E ~ . b 12 Ob cd .to 0) 8 UJ FLORIDA POWER'" UGHT COMPANY RIGHT-OF-WAY EASEMENT 155,02' 589'55'16-W SOUTH R/W UNE SEE SHEET 2 OF 2 FOR DESCRIPTION tWlE: THE PARCEl BEARING. DISTANCES, AND AREAS CAlCULATED ARE BASED ON A AElD SUR'A::Y OF SECllON 11. BASIS OF BEARING: STAlE PlANE COORDINATE SYSTEM. flA. EAST ZONE. '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSoaA TES. INC. SURVEYING AND MAPPING ' 3900 ca..ONIAL BLVD" SUITE..., FORT MYERS. FLORIDA 33912 PHONE: (239)2n-0722 FAX: (239)2n-7179 EWAlL: SURVE'rlNGOCOONER.COM WENT: GREELEY AND HANSEN. LlC DRAWN BY: ...,14 CHECKED BY: J.N.W. PARCEL DE'SCRlpnON: DATE: 9/8/04 SCAlE: '--JO' REV: 10/20/04 AN ACCESS EASEMENT IN THE NW 1 · OF SEe 2-50-26 PROJECT No: 020901 DWG No: -fPl. - SHEET: 1 OF 2 Agenda Item No, 16C1 September 13, 2005 Page 25 of 29 EXHIBIT ~ page~ PROJECT PARCEL FOLIO 7oC(,'1?-{ ~~Cf SKETCH. AND DESCRIPTION OF AN ACCESS EASEMENT IN lHE NW 1/4 OF SEC110N 2, TWP 50, 5, RGE 26 E, COWER COUNTY, FLORIDA DESCRIPTION OF PARCELS OF LAND IN 'THE NOR'TH~ST 1/4 Of SECTION 2, TOWNSHIP 50 SOU'TH, RANGE 26 EAST, COWER COUN1't', FLORIDA, DESCRIBED AS FOLLOWS: (1 )BEGlHNING AT 'THE SOU'THEAST CORNER OF TOlLGA 1t: COMMERCIAL CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK 18, PAGES 23-24, PUBUC RECORDS OF COWER COUN1't', FLORIDA, 'THENCE RUN S 00'50'53- W FOR A DISTANCE OF 170.23 FEET ALONG 'THE EAST UNE OF A FLORIDA POWER AND UGHT COMPANY RIGHT-OF-WAY EASEMENT; 'THENCE RUN S 89'31'25- W FOR A DISTANCE OF 155.04 FEET TO A UNE 'THAT RUNS PARALLa TO SAID EAST UNE OF A FLORIDA PO'lfm AND UGHT COMPANY RIGHT-Of-WAY EASEMENT; 'THENCE RUN N 00'50'53- E FOR A DISTANCE OF 171,35 FEET ALONG SAID UNE: 'THENCE RUN N 89'56'1B- E FOR A DISTANCE OF 155.02 FEET ALONG 'THE NOR'TH RIGHT-OF-WAY UNE Of BECK BOULEVARD TO 'THE POINT OF BEGINNING, AND, (2)COt.tMENCING AT 'THE SOU'THEAST CORNER Of TOLLGA 1t: COt.tMERClAL CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK lB, PAGES 23-24, PUBUC RECORDS Of COWER COUNTY, FLORIDA, 'THENCE RUN S 00'50'53- W fOR A DISTANCE OF 190,23 fEET TO 'THE POINT OF BEGINNING; 'THENCE CONTINUE S 00'50'53- W FOR A DISTANCE OF 9B.00 FEET ALONG SAID EAST UNE OF A FLORIDA POWER AND UGHT COMPANY RIGHT-Of-WAY EASEMENT TO 'THE SOUTH RIGHT-OF-WAY UNE OF BECK BOULEVARD; 'THENCE RUN 'THENCE RUN S B9'55'16- W FOR A DISTANCE OF 155.02 FEET ALONG SAID UNE: THENCE RUN N 00'50'53- E FOR A DISTANCE Of 96.92 FEET ALONG A UNE THAT RUNS PARALLEL TO SAID, EAST UNE Of A FLORI!)A POVtER AND UGHT COMPANY RIGHT-Of-WAY EASEMENT; 'THENCE RUN N B9'31'25- E FOR A DISTANCE OF 1~5.04 FEET TO 'THE POINT OF . .' BEGINNING. CONTAINING 41,580 Square Feet or 0.95 Ac.:!:. SEE SHEET 1 OF 2 fOR SKETai JEFFREY C. COONER AND ASSOCIATES. INC. suRVE't1NG AND MAPPING 3900 COLONIAL BLVD.. SUllE 4, FORT MYERS, FLORIOA 33912 PHONE: (239)277-0722 FAX: (239)277-717i [MAIL: SURVE't1NGOCOOHER.COM QJENT: GREELEY AND HANSEN, LLC pRAWN BY: .... CHEa<ED BY: J.N.W. PARCEL DESCRlPnoN: DAlE: Q/8/04 SCALE: REV: AN ACCESS EASEMENT IN lHE ' NW 1/4 Of SEe 2-50-2& PROJECT No: 020Q01 DWO No: W;":n..\ -" SHEET: 2 OF 2 Agenda Item No. 16C1 September 13, 2005 Page 26 of 29 EXHIBIT + Pagt -.r:..:;" ...J- SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 1 IN THE NW 1/4 OF SECTION 2, TWP 50, S, RGE 26 E, COWER COUNTY, flORIDA NORTH P.O.C. N. 1/4 CORNER OF SEC. 2 2 LINE OF THE NW 1/4 OF SEC.:- 2+ _.A 1'.- 777.00' , : I..a.J SBT1S'31"W . I ~ lO '>. N<. 10 . 1 N Nib ~ 0 I V1 P.O.B. I .0;; BECK BL YO. ~ N 89'31'25" E lBO.OO' PROPOSED 20' UllLlTY [ASE"[~ . ~b 10 0 f" d o CD o z S ~ . . 8~ dio Of" 8 W KEY: P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT 60.00' . It) .W!'l . IX) of" qo ~o z en DESCRIPTION: A PARCEL IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNlY. flORIDA, DESCRIBED AS FOlLOWS: COMMENCING AT THE NORTIi 1/4 CORNER OF SAID SECTION 2, TIiENCE RUN S 87"15'31" W FOR A DISTANCE OF 777.00 FEET ALONG TIiE NORTH LINE OF lltE SAID NORTHWEST 1/4 OF SECTION 2; THENCE RUN S 00'28'35" E FOR A DISTANCE OF 121.25 FEET TO THE POINT Of BEGINNING; THENCE CONTINUE S 00'28'35" E FOR A DISTANCE OF 100.00 FEET; THENCE RUN S 89'31'25" W FOR A DISTANCE OF 120.00 FEET; THENCE RUN N 00'28'35" W FOR A DISTANCE OF 40.00 FEET; THENCE RUN S 89'31'25" W FOR A DISTANCE OF 60.00 FEET; THENCE RUN N 00'28'35" W fOR A DISTANCE OF 60.00 FEET; THENCE RUN N 89'31'25" E FOR A DISTANCE OF 180.00 FEET TO THE POINT OF BEGINNING. CONTAINING 15,600 SQUARE FEET or 0.36 ACRES, MORE OR LESS. 120.00' S 89'31'25" W ~. ---- -------~- wm: lHE PARCEL BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A nELO SURVEY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE, '83/,90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCI A lES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)2n-0722 FAX: (239)2n-7179 EJofAlI.: SUR\'E'(JNGGCOONER.COM CUENT: GREELEY AND HANSEN. U.c DRA~ BY: ....M CHECKED BY: J.N.W. PARCEL DESCRIPnON: ~LL NO.1 DATE: 7/1D/D4 SCALE: 1"-60' TEMP. CONSlRUCTION EASEMENT IN lHE NW"l 4 OF SEC 2-50-26 PROJECT No: 020901 DWG No: S N. WILKISON (FOR ruE fiRM LB6773) FESSlONAL SURVEYOR AND MAPPER ORIOA UCENSE N~~876 lHIS~ DAY OF, 2004, REV: 10/20/04 - SHEET: I OF 1 Agenda Item No. 16C1 September 13, 2005 Page 27 of 29 EXHIBIT ...L Page -2:.-Gf..!L- SKETCH AND DESCRIPTION OF A SO' TEMPORARY CONSTRUCTION EASEMENT IN ltlE NW 1/4 Of SECllON 2, lWP 50, 5, RGE 26 E, COWER COUNlY, FLORIDA P.O.C. N. 1/4 CORNER NORTH OF SEC. LINE OF THE NW 1/4 OF SEe..:... 2Jy- _ 1'.- 777 .00' \ w S8T15'31"W - ~ 'Ll) ~< .!'l . 1 DJ ;::::. I f"l ~ 0 P.O.B. 180.00' I g ---^V--J 27 -,Ii 374,54' b~ O. '10 01") I") - III 5'1 8 z 1->- J:e( (!)~ :JJ. .Ida I 0::1- ~~ 00:: 0->-1- e(ZQ oe(~ a;:O-w O~Vl .JOe( lJ,..UW BECK BLVD. SB9.31'25-W :1= . 1")- 100 - 0 o ' 'P~ 8 (I) 373.84' m: P.O.B. - POINT Of BEGINNING P.O.C. - POINT OF COMMENCEMENT I 1- N89'31'25-E PROPOSED 20' UTILI TY EASEMENT -I\r- DESCRIPTION: A STRIP OF LAND IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLjER COUNTY. FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION. 2. THENCE RUN S 87"15'31- W FOR A DISTANCE OF 777.00 FEET ALONG lHE NORTH LINE Of ""!HE SAID NORTHWEST 1/4 OF SECTION 2; ""!HENCE RUN S 00'28'35- E FOR A DISTANCE OF 171.25 FEET; ""!HENCE RUN S 89'31'25- W fOR A DISTANCE OF 180.00 FEET TO ""!HE POINT OF BEGINNING; THENCE CONTINUE S 89'31'25- W FOR A DISTANCE OF 373.84 fEET TO ""!HE EAST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; ""!HENCE RUN S 00'50'53- W FOR A DISTANCE OF 30.00 FEET ALONG SAID LINE; ""!HENCE RUN N 89'3\'25- W FOR A DISTANCE OF 374.54 FEET; lHENCE RUN N 00'28'35- W FOR A DISTANCE OF 30.00 FEET TO ""!HE POINT OF BEGINNING. CONTAINING 11.225.70 SQUARE FEET. OR 0.26 ACRES. MORE OR LESS. --- .- --~---- N. WILKISON (FOR lllE FIRM LB677.3) P SSlOHAL SUR\lEYOR AND MAPPER FL ID~ l,.lCENSt Nil. l,S 4876 llllS ~DAY Of" ~2004. tiOlE: THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY Of" SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. '83/'90. nus IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIA lES, INC. SUR\IE'I1NG AND MAPPING 3900 COLONIAL BL \10" SUllE 4, FORT MYERS, fLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 ELCAIl.: SUR\IE'l'INGOCOONER,COU CUENT: GREELEY AND HANSEN, LLC DRAWN BY: ..Nt.l CHECKED BY: J.N.W. PARCEL DESCRlPllON: DAlE: 7/20/04 SCALE: 1--30' TEUPORARY CONSlRUCTION EASEMENT IN lllE NW 1 4 Of SEC 2-50-26 PROJECT No: 020901 DWG No: Agenda Item No. 16C1 September 13, 2005 Page 28 of 29 EXHIBIT ....L Page~....!:i..- SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 2 IN lliE NW 1/4 OF SECTION 2, TWP 50, S, RGE 26 E, COWER COUNTY, flORIDA ~ \ P.D.C. . ~NW CORNER OF ~ '0 SEC. 2 BECK 'b 0 ll'l lfi o ~ o BLVD. L, f~ N PROPOSED PROOUCTlON WELL NO,! PROPOSED 20' UTILI TY EASEMENT UTILITY 589'52'OO"E EASEMENT ~ '--9~OO'----~ -- f/ I 0 __ ~ I ;B9'fi?'OO-F I P.O.B. 60.00' e 589'52'OO.E ( ~ q 40.00' · 0 gy- io P o o (I) t Ul u w Ul w z :J I- (I) ~ .- lO ()) we · 0 o . 00 . ;- IX)~ p o o :z . ~ o · 00 .0 ~'l:o ...p o o (I)' DESCRIPTION: A PARCEL IN THE NORTHWEST 1/4 Of SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. DESCRIBED AS FOllOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2. THENCE RUN S 00'50'44" W FOR A DISTANCE OF 115.00 FEET ALONG THE WEST LINE OF SAID SECTION 2: THENCE RUN S 89'52'00" E FOR A DISTANCE OF 95.00 FEET; THENCE RUN S 00'08'00" W FOR A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE RUN S 89'52'00" E FOR A DISTANCE OF 60.00 FEET; THENCE RUN S .00'08'00. W FOR A DISTANCE Of, ,10.00 FEET; THENCE RUN S 89'52'00" E fOR A DISTANCE OF 40.00' FEET; THENCE RUN S 00'08'00" W fOR A DISTANCE Of 130.00 FEET; THENCE RUN N 89'52'00" W FOR A DISTANCE OF 100.00 FEET; THENCE RUN N 00'08'00" E fOR A DISTANCE Of 140.00 fEET TO THE POINT OF BEGINNING. CONTAINING 15,760 SQUARE FEET, OR 0.36 ACRES. MORE OR LESS. 0:: o 100.00' NB9'52'00.W KQ: C.R. - COUNTY ROAD P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT ~;;.-~ ~1,~o;~H' ~" LB,,,,) PR~iE SURVEYOR AND MAPPER FLORIDA UCENSE NQ. L,$ 4876 lHIS'2'.1::::a! DAY OF ~ 2004. tfQIE; ll-IE PARCEL BEARING. DISTANCES. AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY Of' SEcnON 11. BASIS Of' BEARING: STATE PLANE COORDINA TE SYSTEM. FLA. EAST lONE, '83/'90. n-fls IS NOT A SURVEY JEFFREY C. COONER AND ASSoaA TES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 04, FORT MYERS, FLORIDA 33912 PHONE: (239)2n-0722 FAX: (239)2n-7179 ELf All: SURVE'I'INGOCOONER.COU CUENT: GREElEY AND HANSEN, LLC DRAWN BY: oHM CHECKED BY: J.N. W. PARCEl DESCRIPTION: WELL NO.2 DATE: 7/19/04 SCAlE: '"-60' I REV: 10/20/04 TEMP. CONSmUCTION EASEMENT IN THE NW 1/4 OF SEe 2-50-26 PROJECT No: 020901 DWG NO~JWI1 I-ZISHEET: I OF I Agenda Item No. 16C1 September 13, 2005 Page 29 of 29 EXHIBIT .B PagIt --!i.--M -::JI::.::. SKETCH AND DESCRIPTION OF A 30' TEMPORARY CONSTRUCTION EASEMENT IN niE NW 1/+ OF SECTION 2, TWP 50, S, RGE 26 E, COWER COUNTY. flORIDA i "'-- := P.O.C. NW CORNER OF, .~ SEC. 2 '0 ~ o o Vl lli: C.R. - COUNl'I' ROAD P.O.B. - POINT OF BEGINNINC P.O.C. - POINT OF COlolMENCEMENT ~ - - -- BECK BLVD. u w Vl w z ::J l- V) ~ 0:: () b8 od "to,., P o o z 1001,75' 31: . ~ ~ o ~ I I-r I<C 0:= -I ...J...... ~o I 0::1- ~~ 00:: D..rl- <Cz~ 0<C::p: a::D..w O::P:Vl ...JO< ......uw S89'52'OO"E \ ^ .- - - - - - -1'v - - - T:=- (, 155.00' : g I ('oJ ('oJ P.O.8. I ~ l!) m 5B9'52' O"E PROPOSED 2:'1 unLlTY EASEMENT 1001.38' NB9'52'OOW QESCRIPTlOH: A STRIP Of LAND IN lHE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUlH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT lHE NORTHWEST CORNER OF SAID SECTION 2, THENCE RUN 500'50'44" W FOR A DISTANCE OF 115.00 FEET ALONG THE WEST UNE OF SAID SECTION 2; THENCE RUN S 89'52'00" E FOR A DISTANCE OF \55.00 FEET; THENCE RUN S 00'08'00" W FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE RUN S 89'52'00" E FOR A DISTANCE OF \001.75 FEET TO THE WEST LINE OF A flORID A POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN S 00'50'53" W FOR A DISTANCE OF 30.00 FEET ALONG SAID WEST LINE; THENCE RUN N 89'52'QO" W fOR A DISTANCE OF 1001.38 fEET; THENCE RUN N 00'08'00" E fOR A DISTANCE OF 30.00 fEET TO lHE POINT Of BEGINNING. CONTAINING 30,437 SQUARE FEET. OR 0.70 ACRES, MORE OR LESS. tlm:Ei 'tHE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A AELO SURVEY OF SECTION It. BASIS OF BEARING: STot,TE PLANE COORDINATE SYSTEM. FLA. EAST ZONE. '8J/90. ------~--- N. WILKISON (FOR THE FIRM LB677J) P SSlONAL SURvEYOR AND MAPPER F\..ORIOA 1lCENSE NQ. Lj 4876 THIS ~ ~AY OF~ 2004. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND UAPPING 3900 COLONiAl BLVD" SUllE 4, FORT UYERS, Fl.ORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7178 EUAlL: SURVE'l1NGOCOONER,COU CUENT: GREElEY AND HANSEN, LLC DRAWN BY: ~... CHECKED BY: PARCEl DESCRIP110N: DAlE: 7/17/04 SCALE; 1"-30' TEMPORARY CONSTRUCTION EASEMENT IN THE NW 1 4 OF SEC 2-50-26 PROJECT No: 020901 CWO No: REV: 10/20/04 - SHEET: 1 OF 1 - ,- 0'--" Agenda Item No. 16C2 September 13, 2005 Page 1 of 21 EXECUTIVE SUMMARY Recommendation to convey a Utility and Access Easement to the Water-Sewer District for the construction and maintenance of water transmission mains on property owned by Collier County within the Henderson Creek Canal corridor at an estimated cost not to exceed $153.00, Projects 701511 and 701521, OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board), convey a Utility and Access Easement to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (District). The public pwpose is to provide easements required for the construction and maintenance of utility improvements and facilities for the Collier Boulevard (CR-951) Water Transmission Mains Project (project). CONSIDERATIONS: On May 25, 2004, Agenda Item 10 D, the Board adopted the 2003 Water Master Plan Update to establish priorities for the design, acquisition, and construction of various capital improvement projects. This Project has been identified as one of the capital improvement projects required under the 2003 Water Master Plan Update, The Project involves the construction of a 36-inch water transmission main along the CR-951 corridor between Davis Boulevard and Rattlesnake Hammock Road, and a 3~-inch water transmission main along the CR-951 corridor from Rattlesnake Hammock Road to U.S. 41, to replace an existing 20-inch water transmission main and provide increased water capacity and pressure to service current and projected demand for this area and to carry treated water from the South County Regional Water Treatment Plant (SCRWTP) to proposed water storage facilities on Manatee Road. An overall Project Timeline is attached, On May 24, 2005, Agenda Item 16 C 10, the Board approved a resolution authorizing the acquisition of the necessary rights and interests required for the Project. The attached Location Map shows the approved location and extent of the Project. Fourteen of the nineteen permanent easement parcels necessary for the Project are located on property owned by Collier County within the Henderson Creek Canal corridor directly to the east of CR-951 in the area shown on the attached Location Map. The South Florida Water Management District (SFWMD) has control of permitting for all activities within this corridor. Recent discussion with SFWMD has indicated that location of the water transmission mains within the corridor is acceptable, providing that access along the east canal bank is maintained for SFWMD, Staff recommends that the easements be conveyed at no cost to the District. The attached Utility and Access Easement has been reviewed and approved by the County Attorney's Office and the Public Utilities Division. The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary, --- --- --- Agenda Item No. 16C2 September 13, 2005 Page 2 of 21 FISCAL IMPACT: The total cost will not exceed $153.00 for the recording of the Utility and Access Easement. Funds are available in the Water Impact Fee Capital Budget as approved by the Board on September 23, 2004, Source of funds is Water Impact Fees (411), GROWTH MANAGEMENT IMP ACT: The Project is consistent with, and furthers the goals, objectives and policies of, the Collier County Growth Management Plan, RECOMMENDATION: Staff is recommending that: 1. The Board approve, and authorize Chairman Coyle to execute, the attached Utility and Access Easement; and 2. The District accept the attached Utility and Access Easement; and 3. The District authorize the recording of the Utility and Access Easement in the Public Records of Collier County, Florida. PREPARED BY: Hans Russell, Senior Property Acquisition Specialist Real Estate ServiceslFacilities Management Department Item Number: Item summary: MeetinG Date: Agenda Hem NO.1 GC2 September 13, 2005 Page 3 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C2 Recommendalion II) convey a Uhlrty and Access Easemenllo the Water-Sewer District for the construction and maintenance of water Iransmis'Oion mains on property O\Nned by Collier County wlthin the Henderson Creek Canal corridor at an estimated cost not to exceed $15300, Projects 701511 And 701521. 9113f2005 9:00:00 AM Date Prepared By Hans Russell Administrative Services Senior Property Acquisition Specialist Facilities Management 81312005 11 :13:43 AM Thomll9 Wides Operlrtlons Director 0... Approved By Public utilitiet: Public UtUities Operotions BJ3!200.!S 11:51 AM Rolli Estate Services Manager 0... Apllroved By Charles E. Carr~f'TIdton, Jr., SRNlA Facilities Management BI3J200!i 11:W AM Approved By Principal Project Manager Dote Admlni$f.rlltive ServJce5 William D. Mulhn. PE Public Utilities Engineering 8/312005 12:"2 PM Ronak! F. Dillard. P .E. Senior proJeal Manager Dale Publi"Utllities Approved By PUbfic Utilities Public Utllltl.e9 Enginee-ring 313{20051;03 PM Roy B. Anderton. P.E. Public Utilities Engineering Director Date A pproved By Public Utilities Public UtWties Engineering 8/3120051:18 PM Facilities Management Director Date Approved By Sldp Camp. C.F.M. Administrative ServicBs Facllltle'S Mllnagcmenf 813/2005 2;28 PM Toni A. Mott Relit Property Supervisor Oat. Approved By Admlnilrtratlve Services Facilities Management 81512005 7:26 AM Approved By Public Utilities AdminlstrDtor Dote Jarn&S W. DeLony Public Utilities Public utilities Administratfon BJ91200S 9:33 AM AplJrond 8)-' Administrative Assistant Dote OMB Coordinator county Manager's Oftice Office af Mnnagement & Budget 81912()()5 1:50 PM Susan Usher Senior Man<\gernerntfBudget Analy$f Dote Approved 8y County Manager's Office Office of Management & Budget 8/10/2005 11 :47 AM Michael SmykQW8ki Management & Budget DIrector Dats AI)llrOved 8y Cnunty Man~ger's Office Off~(:e 01 Management & Budget tl123.'2005 1:23 PM AIJproved By James V. Mudd Board of County Commissioners County Manager Date County Manager'. Office 8/2.71200512:03 PM NL()~ ()ON c.oO- ..--NO ori"<t Z.,-m .....OJ E<DC'O <D ..0 0- :::::E C\J2 "0 a. C<D <DCf.) Ol <:( M It) 't'- o ..-.. oa N~ It) 't'- o ..-.. .. a.... co r "-~< _...,. , .'. ~[,. .mt l"." , _ct. .... .. .. a '"' ~"! a " f:~r > ."" m' 1J ~ __'_..;:: CI) II. .. ,- a e _ _u_. e.. '! - a h" ..... 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Agenda Item No, 16C2 September 13, 2005 Page 5 of 21 LOCATION MAP County Road 951 Water Transmission Mains Project Agenda Item No, 16C2 September 13, 2005 Page 6 of 21 PROJECT: CR-951 Water Transmission Mains Project 70151170152 UTILITY AND ACCESS EASEMENT THIS EASEMENT, made and entered into this _ day of , 2005, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Grantor", to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-oFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, hereinafter referred to as "Grantee". WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10,00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility and access purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY, TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to, water lines and pipes, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon and adjacent thereto. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman ,Deputy Clerk Approved as to form and legal sufficiency: ~v~ Ellen T. Chadwell Assistant County Attorney EXHIBIT L P8ge~ ..1.2.- PROJECT PARCEL F OLl 0 Agenda Item No, 16C2 September 13, 2005 Page 7 of 21 701 S-I 1"- ? 0 t ~-::t '3:2, P tV/A- SKETCH AND DESCRIPTION OF .A PERJlANENT UTILITY AND ACCESS EASEJ/ENT (82oP) IN THE WEST 100' OF SECllON 11, TOWNSHIP 50 S, RANGE 26 E, COlUER COUNTY, flORIDA FOREST GLENN Of NAPLES SUBDIVISION PLAT BOOK 31, PAGE 94 1>- '" ~ ~~~~ -g .!.~5~~~ ~ ui2iffi;: 0:: ~ D- ~ ~ . ..----- PROPOSED TEMPORARY i CONSTRUCTION EASEMENT I ~~ ffiO:: c;i iSZ J:~ ~~ w15 P.O.C. NW CORNER SECTION 11 P.O.B. N881 7' 44"E 40.04' N8817'44-E _ _ _ 60.06' NORTH UNE SECTION 11 PROPOSED PERMANENT UTILlT'I' EASEMENT 0. i ~ ~ iij 0> Ii U ~ ~ Z ;: HENDERSON CREEK CANAL R/W (100') ~ r:: ~ 40' 581'25' 490W 40.01' sOUTH UNE SECTION 11 --- N87'2S'49"E 60.1\' SW CORNER SECTION 11 PROPOSED PERMANENT UTILITY '" ACCESS EASEMENT ~ 4( ~ I- ~ is mCl~ :g~i5 >-25Z2 ~u~~ ~J.k!mu ~9;i~~ ~~O!Z!Zffi a~~~~~ u I I I, Ii .. I..., .1Ilt.! I ?'io:: ,00000d ~uo::da:a:z DESCRIPTION OF A PERMANENT UTIUTY AND ACCESS EASEMENT LVlNG IN THE EAST 40 FEET OF THE WEST 100 FEET Of' SECTION 11, TOWNSHIP SO SOUTH, RANGE 26 EAST; COWER COUNTY, F1.0RIDA; MORE P ARTICULARL Y DESCRIBED AS FOllOWS: ' COMMENCING AT THE NORTHWEST CORNER Of' SAID SECTION 11, THENCE RUN N8811'44"E, A DISTANCE Of 60.06 FEET ALONG THE NORTH UNE OF SAID SECTION TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH UNE N8811'440E, A DISTANCE Of' 40.04 FEET TO THE EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-Of-WAY; THENCE RUN SOO'SO'44"W, A DISTANCE Of 5505.38 FEET ALONG SAID EAST UNE TO THE SOUTH UNE Of SAID SECTION 11; lliENCE RUN S87'2S'49"W, A DISTANCE Of 40.07 FEET ALONG lHE SOUTH UNE Of SAID SECTION 11; THENCE RUN NOO'SO'44"E, A DISTANCE Of 5505.99 FEET ALONG A UNE THAT IS PARAllEL ~TH AND 40 FEET WESTERLY Of SAID EAST LINE OF THE HENDERSON CREEK CANAL RIGHT-Of-WAY TO THE POINT Of BEGINNING. CONTAINING 220,220 SQUARE FEET OR S.06 ACRES, MORE OR LESS. liQIE; 11-IE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A AElD SURVEY Of SECTION 11. BASIS OF BEARING: STATE. PlANE COORDINATE SYSTEM, F1.A. EAST ZONE, '83/90. THIS IS NOT A SURVEY COONER &: ASSOCIATES, INC. SURVE'Y1NG AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURI,{:'Y1NGCCOONER.COM CUENT: GREELEY AND HANSEN, U.C ORA'^'" BY: DKT CHECKED BY: JNW PARCEl DESCRIPl1ON: DATE: D4/as/De SCALE: 1"-20' REV: PERM. UTlUTY a: ...CCESS EASEUENT IN THE WEST 100' Of SEe 11-50-26 PRO.ECT No: 030705W.... DWG No:OJ07D5WA-ESU SHEET: 1 Of 1 --~------- DARREN TOWNSEND (FOR THE ARM LB6773) PROFESSIONAL SURvtVOR AND MAPPER F1.ORlD.A ,UCENSE NO. LSA5476 THIS ~ DAY Of P}:"/l 200S. EXHIBIT ..L- Page ...A....ot ...i.S..- PROJECT PARCEL FOLIO Agenda Item No. 16C2 September 13, 2005 Page 8 of 21 701,1 )'- '1 D I '>- :t. 33, '? N/A: , SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY AND ACCESS EASEMENT (SS.P) IN THE WEST 100' OF SECTlON 14, TOWNSHIP 50 S, RANGE 26 E, COLUER COUNTY, FlORIDA P.O.C. PROPOSEO PERMANENT V NW CORNER UTILITY '" ACCESS EASEMENT SECTION 14 P.O.B., ~L NOR"!:!.. UNE SECTION 14 N87'25' 49t: J' \ 40,07' i " N87'25' 49'E 60.1" ~~ ~~ HENDERSON CREEl< ;> CANAl R/W (100') . ~ .~~~ 40' ffi~ J. :ru iii ;:;; ~ ~I!j , ... ,..; n: ~ ,..; ~5 u ~ ~ PROPOSED PERMANENT < UTILITY EASEMENT ~ I- ..,. ~ ffi ~ :::E - &oJ lD(,)~ . ~ ~ ~ ~iffi F ~ ~ >-15Z:::E U bI 8 ~u6:::E ~1~~8 &oJ z III ~ 9 ~~~ ~ ~ ! S87'J8'O.3'W \ ~~O~~ffi ~ SOUlli UNE SECTION 14 Z-~(5C5lD ao:: 11.11.:::E ~ "l N87'.36'O.3'E 60.10' 40.06' u I I I. I.~ ..I.~ .lll<-!I PROPOSED PERMANENT ~o:: 0::000 SW CORNER UTILITY'" I\CCESS uo::on:o.:z SECTION 14 EASEMF:NT DESCRIPTION OF A PERMANENT UTIUTY AND ACCESS EASEMENT LYING IN THE EAST 40 FEET OF THE WEST 100 FEET OF SECTION 14, TOWNSHIP 50 SOUlli, RANGE 26 EAST; COWER COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS fOLLOWS: COUMENCNG AT lllE NORlllWEST CORNER OF SAID SECTION 14, lllENCE RUN N67'25'49'E, A DISTANCE OF 60.11 FEET AlONG THE NORlll UNE OF SAID SECTION TO THE POINT OF BEGINNING; lllENCE CONTINUING ALONG SAID NORlli UNE N67'2S'49'E, A DISTANCE Of 40.07 FEET TO lllE EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY; THENCE RUN SOO'SO'44'W, A DISTANCE OF 5.357.46 FEET ALONG SAID EAST UNE TO lllE SOUTH UNE OF SAID SECTION 14; THENCE RUN S67'.36'0.3'W, A DISTANCE Of 40.08 FEET ALONG 'THE SOUTH UNE OF SAID SECllON 14; lliENCE RUN NOO'SO'+4'E, A DISTANCE OF 5.357.31 FEET AlONG A UNE THAT IS PARAli.EL WITH AND 40 FEET WESTERLY OF SAID EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY TO THE POINT Of BEGINNING. CONTAINING 214,260 SQUARE FEET OR 4.92 ACRES, MORE OR LESS. --~~~~----- f:tQIE; THE PARCEL BEARING, DISTANCES, AND AREAS CAlCULA TED ARE BASED ON A FIElD SURVEY OF SECllON 14. BASIS Of BEARING: STATE PlANE COORDINA TE SYSlDA, FlA. EAST ZONE, '83i90. 11-115 IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EMAll: SURVEYlNGOCOONER.COM CUENT: GREElEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIPTION: DA1r:: 04/05/05 SCAlE: 1'-20' I REV: PERM. unuTY &: ACCESS EASEMENT IN THE WEST 100' OF SEC 14-50-28 PROJECT No: 030705W.A OWG NO:OJ07~A-ESM I SHEET: 1 Of 1 DARP.EN TOWNSEND (FOR THE FIRM LB677.3) PROfESSIONAL SURVEYOR Arm MAPPER FlORIDA J-lCENSE NO. LS 8476 THIS J.:!!. DAY Of A PM I- ,2005. Agenda Item No, 16C2 September 13,2005 Page 9 of 21 EXHIBIT...A- page.l...of -:Ir. PROJECT PARCEL FOLIO 701"-/ r- 7()1r;-~ 34,1> IY /A- SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY AND ACCESS EASEMENT (84.P) IN lHE WEST 100' OF SECTION 23, TOWNSHIP 50 S, RANGE 26 E, COLUER COUNTY, FLORIDA P.O.C. / ,NW CORNER SECTION 23 P.O.B., r-.. NORnI UNE SECl10N 23 ~ N81'38'03"E 60.10' \ PROPOSED PERMANENT U nllTY .& ACCESS EASEMENT N87'38'03"E 40.08' i t, ~~ 1. <~ HENDERSON CREEK CANAl R/W (100') .... .... 40' iii '" 0: U ~ ~ ~~ ~; i5~ :Z:u ~r;i ~ ~15 ~ ~ ~ <( t!:. I- ~ i5 alCl~ :g~i5 >-~Z::E ~~~~~ ~~4i!l!5l!5 ~~t5'Zl-ffi ~i2~~~~ o I I t,l i ~1'lI: . lIlt.! I 0; ,a;QQ6 Ult:OD.D.Z r.. 0) ~ ~ ,., N ~ ~ z ~ F u '" 1&.1 Z ::J lI: \ " SOUtH LINE SECllON 23 ~ . \j 589'37'29"E 60.00' SW CORNER SECTION 23 II N8S'37'2U"W 40.00' PROPOSED PERMANENT UTILITY .& ACCESS EASEMENT \)f:SCRIPllON Of' A PERMANENT Ul1UlY AND ACCESS EASEMENT LYING IN nlE EAST 40 FEET OF 1lIE WEST 100 FEET OF SECl10N 23, TO'M'lSHIP50 SOUTH, RANGE 26 EAST: COWER COUNlY, F1..ORIOA; MORE PARllCULARLY DESCRIBED AS f'OlJ.OWS: COMMENCING AT 1lIE NOR1lIWEST CORNER OF SAID SECllON 23, 1lIENCE RUN N87'38'03"E, A DISTANCE OF 60.10 FEET ALONG THE NOR1lI UHE OF SAID SECllON TO 1lIE POINT Of' BEGINNING; THENCE CONllNUING ALONG SAID NORnI UNE N87"38'03"E, A DISTANCE Of' 40.08 FEET TO 1lIE EAST UNE OF 1lIE HENOERSON CREEl< CANAl RIGHT-OF-WAY: 1lIENCE RUN SOO'5Q'44"W, A DISTANCE OF 5245.84 FEET ALONG SAID EAST UNE TO THE SOUlH LINE OF SAID SECllON 23; lHENCE RUN N89'37'29"W, A DISTANCE OF 40.00 FEET AlONG 1lIE SOU1ll UNE Of' SAID SECllON 23: 1lIENCE RUN NOO'50'44"E, A DISTANCE OF 5243.92 FEET ALONG A UNE lHAT IS PARALLEl 'MlH AND 40 FEET WESlERLY OF SAID EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY TO THE POINT OF BEGINNING. CONTAINING 209,788 SQUARE FEET OR 4.82 ACRES, t.tORE OR LESS. ~ ---~---------------- tmIEi lHE PARCEL BEARING, DISTANCES, AND AREAS CAlCULAlEO ARE BASED ON A FIELD SURVEY OF SECllON 23. BASIS OF BEARING: STATE PLANE COOROINAlE SYSTEM. FlA. EAST ZONE. '83/90. THIS IS NOT A SURVEY COONER &: ASSOCIATES. INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, Fl..ORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIl: SURVEYlNGOCOONER.COM CUENT: GREElEY -'NO HANSEN, u.c DRA'M'I BY: OKT CHECKED BY: .....W PARCEL DESCRIPllON: DATE: 04/05/05 SCALE: 1".20' REV: PERM. U11lJlY 1& ACCESS EASEMENT IN lHE WEST 100' Of' SEC 23-50-26 PROJECT No: 030705W.A DWG NO:030705WA-ESU SHEET: 1 OF 1 D.&RRl::N TO'M'lSEND (fOR 1'HE FIRM LB6773) PROFESSIONAL SURvEYOR AND MAPPER ' F1..ORID"", UCENSE NO. LS 6478 .tHls ~ 01. Y Of' ,JJ ,,~ '- , 2005. EXHIBIT A Page -.!i-of '7L. PROJECT P ARC El FOLIO Agenda Item No, 16C2 September 13,2005 Page 10 of 21 701 ~I t- 701,>?.. ;S~, P NIA SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY AND ACCESS EASEMENT (35.P) IN THE WEST 100' OF SECTION 26, TO'M-ISHIP 50 S, RANGE 26 E, COLUER COUNTY, FlORIDA P.O.C. NW CORNER SECTION 26 PROPOSED PERMANENT UTILITY 01< ACCESS EASEMENT P.O.B. NORTH UNE SECTION 26 S89'37'29"E 60.00' HENDERSON CREEK CANAL R/W (100') 589'37'29"E 40.00' -40' l-. ~ ,...: IQ .... 10 ~ l;i ~~ ~ lQa:: ....-' 0< li~ Xu ~~ w!3 ... .... ~ F= u w it i(j w i . 1Il ~ lJl .... ~ }5 Ii z U ::J 8 8 ~ it Z 1Il a:: w SOUTH UNE SECllON 26 N89'J6'37"W --- -40.00' HENDERSON CREEK SW CORNER CANAL R/W (VARIES) JOG IN HENDERSON SECTION 26 CREEK CANAL R/W ~ < ~ I- 8 li mCl~ :g~z >-5~~ ~u~~ ~I~mu ~? ~~15 ~~Ol-I-ffi a~~~~~ U I , '. I~ .. I. ~ . tl! t.! I ?io=: ,-0=: oOd ~u 0=: d n.: n.: z DESCRIPTION Of A PER"-lANENT UTIUTY AND ACCESS EASEMENT lYING IN lHE EAST 40 FEET OF THE WEST 100 FEET Of SECTION 28, T~SHrp. 50 SOUlH, RANGE 26 EAST; COWER COUNTY, Fl..ORIDA; "-lORE PARTICUlARLY DESCRIBED AS FOlloWS: Cot.I"-lENONG AT 'THE NOR'THWEST CORNER Of SAID SECTION 26, THENCE RUN 589'37'29"E, A DISTANCE OF 60.00 FEET ALONG THE NORTH UNE OF SAID SECTION TO THE POINT Of BEGINNING; lHENCE CONTINUING ALONG SAID NORTH UNE S89'37'29"E, A DISTANCE OF 40.00 FEET TO THE EAST UHE OF THE HENDERSON CREEK CANAL RIGHT-Of-WAY: lliENCE RUN SOO'SO'+4.W, A DISTANCE OF' 5267.48 FEET ALONG SAID EAST UNE TO lliE soom UNE Of SAID SECTION 26; 'THENCE RUN N89'36'J7.W, A DISTANCE Of 40.00 FEET ALONG 'THE SOUTH UNE Of SAID SECTION 28; lHENCE RUN Noo'SO'44.E, A DISTANCE OF 5267.47 FEET ALONG A UNE lHAT IS PARAUEl WITH AND 40 FEET WESTERLY Of SAID EAST UNE OF lHE HENDERSON CREEK CANAL RIGHT-Of-WAY TO 11-fE POINT OF BEGINNING. CONTAINING 210,692 SQUARE FEET OR 4.84 ACRES, "-lORE OR lESS. tmIt; lliE PARCEl BEARING, DISTANCES. AND AREAS CAlCULA TED ARE BASED ON FJElD SURVEY. BASIS OF BEARING: STATE PLANE COORDINATE SYSTE"-l, FlA. EAST ZONE, '83/,90. THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT M'tERS. FlORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SUR'v'EYlNGCCOONER.COM CUENT: GREElEY AND HANSEN, U.C DRAWN BY: DKT CHECI<EO BY: JNW PARCEL DESCRIPTION: DATE: 04/05/05 SCALE: 1.-20' PERM. UnUTY & ACCESS EASEMENT IN THE WEST 100' Of SEC 26-50-28 PROJECT No: 030705W.A ~~ __._L~~~__________ DARRrN TOv".,SEND (FOR THE FIRM LB6773) ?ROFF.5SIONAl SUR'vt:yo.1 AND "-lAPPER FlORIDA UCENSE NO. lS 1,476 THIS '-::;!E.. DAY Of ,~ l.. 2005. OWG NO:OJ0705WA-EgI REV: SHEET: 1 Of' 1 Agenda Item No, 16C2 September 13,2005 70/~etl1 of21 7 0 I r:; :J.. "3~. rp ,vIA EXHIBIT ~ Page-L-o'-JI::, PROJECT PARCEL F OL 10 SKETCH AND DESCRIPTION OF A PERMANENT UTILITY EASEMENT (36,P) IN THE WEST 100' OF SECTION 11, TOWNSHIP 50 S, RANGE 26 E, COLLIER COUNTY, FLORIDA P.O.B. I; NW CORNER SECTION 11 N88'17' 44"E 60.06' NORTH LINE SECTION 11 FOREST GLENN OF NAPLES SUBDIVISION PLAT BOOK 31, PAGE 94 - -- 6~ t, lQlt: W...J ~~ 0<( ZZ W<( :z:u W><: Zw ' 1. ::JW It: wu - \i ~ .0 ~o:~~~~ !" bloFi!:~w $ 10 r0'i.....::><(0~ ~ ~ \ ~ ~~~~ ~ 'g ~ -- ;;:;:: O>z .0 ~F uu w Wtf) Z ::J~ ~::J It:~ wold w 10 .~ m. '0 i'\fl "'8 z - S88'l7' 44"W 60.06' <> HENDERSON CREEK CANAL R/W (100') <;. <;. !SU: C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O.B,-POlNT OF BEGINNING P,O.C,-POINT OF COMMENCEMENT NO.-NUMBER DESCRIP..TION OF A PERMANENT UTILITY EASEMENT L YlNG IN THE WEST 100 FEET OF SECTION 1" TOWNSHIP 50 SOUTH, RANGE 26 EAST; COLLIER COUNTY, FLORIDA; MORE PARl1CULARL Y DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 1" THENCE' RUN N86'17'44"E, A DISTANCE OF 60.06 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE RUN SOO'50'44"W. A DISTANCE OF 37.98 FEET ALONG A LINE THAT IS PARALLEL WITH AND 60 FEET EASTERLY OF THE WEST LINE OF SAID SECTION; THENCE RUN S86'17'44"W. A DISTANCE OF' 60.06 FEET TO THE WEST LINE OF SAID SECTION; THENCE ALONG SAID WEST LINE NOO'50'44"E, A DISTANCE OF 37.98 FEET TO THE POINT Of' BEGINNING, CONTAINING 2,279 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. --~~~-~~~----- tiQ.IE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY OF SECTION 11. BASIS OF BEARING; STATE PLANE COORDINA TE SYSTEM, FLA. EAST ZONE, '83/,90, THIS IS NOT A SURVEY COONER & ASSOCIATES, INC, SURVEYING AND MAPPING 5670 ZIP DRIVE. FORT MYERS. FLORIDA 33905 PHONE: (2.39)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNGOCOONER.COM CLIENT: GREELEY AND HANSt:tl, LLr:: DRA'M-4 BY: OKT CHECKED BY: ...,W PARCEL DESCRIPTION: DATE: 04/05/05 SCALE: 1".20,1 REV: 4-27-05 PERMANENT UnUTY EASEMENT IN THE v.f:ST 100' OF SEC 11-50-25 PROJECT No: OJQ705W.A DWG NO:OJ0705WA-ESIol SHEET: 1 OF 1 DARREN TOWNSEND (FOR THE FIRM LB6773) PROFESSIONAL SURVEYOR AND MAPPER flORIDA ~CENSE NO. LS "476 THIS z:l:!::. DAY OF __,JJil::!!::-------, 2005. EXHIBIT _ A Page~ot ---;s- - PROJECT PARCEl FOLIO Agenda Item No. 16C2 September 13, 2005 7 0 f~EV't2 of 21 70rs-:2.. :S7,? N!A SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (S7.P) IN THE WEST 100' OF SECTION 11. TOWNSHIP 50 S, RANGE 26 E. COLUER COUNTY, FlORIDA P.D.C. / NW CORNER / SEC~DN 11 i V --- NORni UNE SECllON 11 " ~~ L in::: ~lS ll7F= uu ....!If 2:w ::12: ~::I Q:;~ .....-s io ,... ~ HENDERSON CREEK CANAL R/W (100') < ~ ~ ~ o 5! P.O.B. '- ---..1 fJg .~ on ~ 8 2: 589'<<'5O"E 60.00' 60.00' N89'<<'50"W >- ~~ ~w ~u>- ",uz w'<w n.~~ GJ~~ !g:J.... n.r= 0::> '" n. ....- PROPOSEO TEMPORARY CONSTRUCTION EASEMENT ~ . ~ 8 - on ~ - ~ KE:t: C.R.-COUNTY ROAD R/W - RIGHT-or-WAY P.O. e.-POINT or BEGINNING P.O.C.-POINT or COMMENCEMENT NO.-NUt.fBER DESCRIPTION or A PERMANENT UllUTY EASEMENT LYING IN niE WEST 100 FEET Of SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT niE NORTHWEST CORNER Of' SAlD SECTION 11, niENCE RUN SOO'SO'44"W, A DISTANCE Of' 643.76 FEET ALONG THE WEST UNE or SAID SECllON AND nlE EAST RIGHT-Of'-WAY UNE or COUNTY ROAD 951 TO THE POINT OF BEGINNING; nlENCE RUN S89'44'50"E, A DISTANCE or 60.00 FEET; THENCE RUN SOO'50'<<"W, A DISTANCE or 15.00 FEET ALONG A UNE THAT IS PARAlla 'Mni AND 60 FEET EASTERLY Of THE WEST UNE OF SAID SECTION; TliENCE RUN N89'44'50"W. A DISTANCE Of' 60.00 FEET TO SAID WEST UNE AND EAST RIGHT-Of'-WAY UNf; lHENCE RUN NOO'SO'44"E, A DISTANCE OF 15.00 FEET ALONG SAID WEST UNE AND EAST RIGHT-Of-WAY LINE TO THE POINT OF BEGINNING. CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. ~L/ --~~~----------- ~ nlE PARCEL BEARING, DISTANCES, AND AREAS CALCULA TEO ARE BASED ON A AELD SURVEY OF SECllON 11. BASIS Of' BEARING: STATE PLANE COORDINATE SYSTEM, FlA. EAST ZONE, '8Ji90. THIS IS NOT A SURVEY COONER & ASSOCIATES, INC" SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, flORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 Et.IAIl; SURVEYlNGOCOONER.COt.I WENT: GREElEY AND HANSEN. llC DRAWN BY: DKT CHECKED BY: JNW PARCEl DESCRIPTION: DATE: 04/05/05 SCALE: 1".30' REV: PERMANENT unuTY EASEMENT IN THE WEST 100' OF SEe 11-50-26 PROJECT No: OJ0705W.A DWG NO:030705WA-ESM SHEET: 1 OF 1 O.6J>-REN TOWNSEND (FOR lHE ARU LB6773) PROFESSIONAL SURVEYOR AND IoIAPPER FlORI~A 1JCENSE NO. 'i 6476 THIS ~ DAY Of' ~!t... 2005. EXHIBIT ~ Page ~of..J...L.. PROJECT PARCEL FOLIO Agenda Item No. 16C2 September 13, 2005 7 01 ~)Je,J 3 of 21 70f5"";:L 3 'i? P ;V / Ii:. SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEJlENT (88.P) IN THE WEST 100' OF SECTION ". TOWNSHIP 50 S, RANGE 26 E, COlLIER COUNTY, flORIDA P.O.C. / NW CORNER / SEC~ON 11 \ \j ~- Itl~ o:~ ~ a;F uu ~ w"i < z :J.... Z ~:J . a::;a ~ w'"" ~ ~ P.O.B. 1 .... 8 . ~ iii ~ ~ z t~ ~~ --- NORtH UNE SECTION 11 - ---- HENDERSON CREEK CANAL R/W (100') < .... ~~ ;jt1.... a::oz w<w "-oId~ B~~ ~:Jw ~~ 0:::> [L t. 1\ \j N89'47'35-E 60.01' 60.01' S89"47'35-W NUNEOfN 'i2 OF tHE . N 1/2 OF lHE " ;: SW 1/4 Of tHE 8. NW 1/4 OF ~ ~ SECllON 11 .-- ____ PROPOSED TEMPORARY CONSTRUCTION EASEMENT ID: C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY P.O.B.-POINT Of BEGINNING P.O.C.-POINT Of COMt.lENCEMENT NO.-NUt.lBER OESCRIP"llON OF A PERt.lANENT UlIUTY EASEt.lENT LYING IN tHE ~ST 100 FEET OF SECl10N 11, ro'M'lSHIP SO SOUtH. RANGE 26 EAST. COWER COUNTY, flORIDA: . COMMENCING AT tHE NORtHWEST CORNER OF SAlD SECTION 11, tHENCE RUN SOO"SO'44.W, A DISTANCE OF 1388.78 fEET ALONG tHE ~ST UNE OF SAID SEClION AND tHE EAST RIGHT-OF-WAY UNE OF COUNTY ROAD 951 TO tHE POINT or BEGINNING; tHENCE RUN N89'47'35"E, A DISTANCE or 60.01 FEET: tHENCE RUN SOO'5Q'44-W, A DISTANCE Of lS.00 fEET ALONG A UNE tHAT IS PARAllEL WItH AND 60 FEET EASTERLY Of tHE ~ UNE Of SAlD SECTION; nlENCE RUN 589'47'JS-W, A DISTANCE OF 60.01 FEET; TO SAlD WEST UNE AND EAST RIGHT-OF-WAY UNE; tHENCE RUN Noo'50'<<-(, A DISTANCE Of 15.00 FEET ALONG SAID ~ST UNE AND EAST RIGHT-Of-WAY UNE TO lliE POINT Of BEGINNING. CONTAlNING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. ~-) Z-/ --~~------------- IiQlI; tHE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A RElD SURVEY Of SECllON 11. BASIS Of BEARING: STATE PLANE COORDINATE SYSTEM, fl.A. EAST ZONE, '83/,90. THIS IS NOT A SURVEY COONER &: ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVE'r1NGOCOONERCOM CLIENT: GREElf:Y AND HANSEN, u..c ORA"" BY: DKT CHECKED BY: ....W PARCEL DESCRIP11ON: DAlE: 04/05/05 SCALE: 1-.30' I REV: PERMANENT UllUTY EASEMENT IN tHE WEST 100' OF SEe 11-50-26 PROJECT No: O30705W.A DWO No:0307OSWA-ESM SHEET: 1 OF 1 DAR~EH TO'M'lSENO (FOR THE RRM LB6773) PROFESSIONAL SUR\ttYCR AND t.lAPPER flORIO}. ,UCENSE NO. l.S /,;,476 THIS ~." DAY OF ' \el(" , 2005. ~~Hlp'~ ~b PROJECT PARCEL FOLIO Agenda Item No. 16C2 September 13, 2005 Page 14 of 21 7D'> I "... /o/~';2. 3'1.p NIfi. SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (89.P) IN '!liE WEST 100' OF SECTION 11, TO\\fIISHIP 50 S, RANGE 26 E, COLLIER COUNTY, FlORIDA HENDERSON CREEK CANAl R/W (100') ,I&l _ S82'<fa'...,"( ~ 0. Ifi ~ 80.37' 8 .:... 60.37' % " \ 1 N82 '<fa , <fa'w P.O.B. ~ ~~ o . Iri Ifi ..:.~ ...---r--- PROPOSED TEMPORARY CONSTRUCTION EASEMENT Vi:: ~~ 0;1= uu ..,\}l % :JII.I % -t:J o::~ 11.I.-, ~ ., lfJ ... ~~ ~w :lu", ",uz w<w ll..o1d,3 ~~~ l3::Jw ll..j:: 0::. '" Q. .., ~ ~ <v~ P.O.C. > SW CORNER OF SECTION 11 ! S UHE SECTION 11 --- ~> m: C.R.-COUHTY ROAD R/W - RIGHT-Of-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCDAENT NO.-NUMBER ~ DESCRIPTION OF A PERMANENT UTIUTY EASEMENT LYING IN '!liE WEST 100 FEET OF SECTION 1" TO\\fllSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, flORIDA: COt.fMENClHG AT THE SOUTHWEST CORNER OF SAID SECTION 1" '!liENCE RUN NOO'50'+4"E, A DISTANCE OF 2681.19 FEET ALONG THE WEST UNE Of SAID SECTION AND THE EAST RIGHT-OF -WAY UNE Of COUNTY ROAD 951 TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST UNE AND EAST RIGHT-Of-WAY UNE NOO'SO'+4-E, A DISTANCE Of 15.09 FEET: THENCE RUN 582'48'48-E, A DISTANCE OF 60.37 fEET; THENCE RUN SOO'50'+4-W, A DISTANCE Of 15.09 FEET ALONG A UNE THAT IS PARAua 'ItITH AND 80 FEET EASTERLY Of THE WEST UNE OF SAID SECTION; THENCE RUN N82'48'48"W, A DISTANCE Of 80.37 fEET TO SAID WEST UNE, SAID EAST RIGHT-Of-WAY UHE AND THE POINT OF BEGINNING. CONTAINING 905 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. -_()~r:ZL_____ . DARREN TO\\fllSEND (FOR lHE FIRM LB677.3) PROFESSIONAL Sl:iRytYQR AND MAPPER FLOFcIf!.^ JUCENSE N~476 lHlS ~'" DAY OF I'1lJ I., ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINA TE SYSTat, F1A. EAST ZONE, '83/'90. THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, flORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM WENT: GREElEY AND HANSEN, u..C DRAWN BY: DI<T CHECKED BY: J.N.W, PARCEl DESCRIPllON: DATE: 04/05/05 SCALE: 1"-30' REV: PER"'ANENT UT1l.ITY EASEMENT IN THE WEST 100' OF SEe 11-50-26 PR~CT No: OJ0705W.A DWG NO:O.10705WA-E!lM SHEET: 1 OF 1 2005. ~HI~I~~ PROJECT PARCEl FOLIO Agenda Item No, 16C2 S~~ ~, 2005 7J'flge~ of 21 '-10, P IV/A . SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (40.P) IN THE WEST 100' OF SECTION 11, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FlORIDA HENDERSON CREEK CANAL R/W (100') ~ . . 8 ~ ori_ S 80,01' z \ ~ N88'08'OS"W P.O.B. . -- '\ If'l- o:~ \j D:;F= uu b I&J~ cD zl&J ..; ::Jz ::J ~:J D::~ w.-. S88"08'OS"E 60.01' .- ; '8 . ori ~ ...- _ PROPOSED TEMPORARY CONSTRUCnON EASEMENT w ; ~ 8 <'-1 _!P.o.c. ~ SW CORNER OF SECTION 11 I 5 UHE SECllON 11 . --- t- Z will Zlll <w :::Piut- ",uz w<w n. o\l:::Pi o>-~ ~...< O:::lw n.1=' ~:> n. < > m: C.R.-CQUN'TY ROAD R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COUMENCEUENT NO.-NUMBER 1\ ~ - -- O~SCRIP1\OH Of A PERMANENT UllU'TY EASEMENT LYING IN lliE WEST 100 fEET Of' SECTION 1" TOWNSHIP 50 SOUlli. RANGE 26 EAST, COWER COUNTY, FLORIDA: COUMENCING AT lliE SOUlliWEST CORNER OF SAID SECllON II, lliENCE RUN Noo'50'44"E, A DISTANCE Of 533.60 FEET ALONG lliE WEST UNE OF SAlD SECllON AND lHE EAST RIGHT-OF-WAY UNE Of' COUN'TY ROAD 9S1 TO lliE POINT OF BEGINNING; 1l1ENCE CONllNUE ALONG SAID WEST UNE AND EAST RIGHT-OF-WAY UNE Noo'5Q'44"E, A DISTANCE Of' 15.00 FEET; lliENCE RUN S88'08'OS"E, A DISTANCE OF 60.01 fEET; llIENCE RUN S00'50'44"W, A DISTANCE Of IS.00 FEET ALONG A UNE lliAT IS PARAu.a WIlli AND 60 FEET EASTERLY OF lliE WEST UNE Of' SAID SECllON; lliENCE RUN N88'08'OS"W, A DISTANCE OF 80.01 FEET TO SAID WEST UNE, SAID EAST RIGHT-OF-WAY UNE AND lliE POINT OF BEGINNING. CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. ~~ --~ -----~------- OAFlREH TOWNSEND (FOR '!fiE ARM LB6773) PROFESSIONAL SUR\tVOR /.NO MAPPER FlCIRIO....., ,uCENSE NO. LS 1f16 11ilS ~ DAY OF It. MOm TI-lE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A AELO SURVEY OF SECTION 11. BASIS Of BEARING: STATE PLANE COORDINATE SYSTEM, FlA. EAST ZONE, '83/90. THIS IS NOT A SURVEY COONER &: ASSOCIATES, INC. SURVEYING ...ND ......PPING 5670 ZIP DRIVE, FORT "''l'ERS, FLORIDA 33905 PHONE; (239)277-0722 F"'X: (239)277-7179 E"'All: SURVEYlNGCCOONER.CO'" CUENT: GREELEY AND HANSEN, u.C DRAVttf BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPllON: DAlE: 04/05/05 SC"'LE: 1".30' IREY: PERMANENT UllU'TY EASEMENT IN lHE WEST 100' OF SEC 11-50-26 PROJECT No: 030705W.A DWO NO:OJ07OaWA-ESM I SHEET: 1 Of 1 . 2ooS. EXHIBIT -L. Page -1.!Lof-LL PROJECT PARCEl FOLIO Agenda Item No, 16C2 September 13, 2005 7 of1a~1~f21 701!):t. '-I/.P NjA- SKETCH AND DESCRIPTION OF A PERMANENT UTILITY EASEMENT (41,P) IN THE WEST 100' OF SECTION 14. TOWNSHIP 50 S, RANGE 26 E, COLLIER COUNTY, FLORIDA -"," NORTH LINE OF l()~ OlZ r mE ;w 1/' PROPOSEO PERMI\NENT '0 U IILI II' '" ACCESS ct;j:= EASEMEN I <"><..> ~~ :Jw "4 Z ~:J ;;,~ w~ HENDERSON CREEK CANAL R/W (100') - w ~ SS9; 2'14"E 3t 0 . 10 8 60.00' 0 ~ 0 0 iii 0 0 z ~ 60.00' iii 10 0 P.O.B. 0 ~ '\ N89'12'14"W 1fI w ~ 0, /'-. 0 oi l" U; < 0 ;><"1 < 0 z P.O.C, !~SW CORNER Of SECTION 14 ~ I S LINE SECTION 14 "4 , PROPOSED TEMPORARY CO/IISTRUCnON EASEMEN T KE.J::: C,R.-COUNTY ROAD R/W - RIGHT-OF-WAY P.O.B.-POINT Of BEGINNING PO.C.-POINT OF COMMENCEMENT NO. -NUMBER DESCRIPTION OF A PERMANENT UTILITy EASEMENT L \'ING IN THE WEST 100 FEET Of SECTION 14, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, fLORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN NOO'50'44"E. A DISTANCE OF 2619.79 FEET ALONG THE WEST LINE OF SAID SECTION AND THE EAST RIGHT-Of-WAY LINE Of COUNTY ROAD 951 TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE AND EAST RIGHT-OF-WAY LINE NOO'SO'44"E. A DISTANCE OF 15.00 FEET; THENCE RUN S89'l2'14"E, A DISTANCE OF 60.00 FEET; THENCE RUN SOO'50'44"W. A DISTANCE OF 15.00 FEET ALONG A LINE THAT IS PARALLEL WITH AND 60 FEET EASTERLY OF THE WEST UNE OF SAID SECTION; THENCE RUN N89'lZ'14"W, A DISTANCE OF 60,00 FEET TO SAID WEST LINE, SAfD EAST RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING. CONTAINING 900 SQUARE FEET OR O.OZ ACRES, MORE OR LESS, ;) -;; / --~~~~-------- t:iQ1E; TI-IE PARCEL BEARING. DISTANCES. AND AREAS CALCULATED ARE BASED ON A RELD SURVEY OF SECTION 14. BASIS Of BEARING: STATE PLANE COORDINATE SYSTEM: fLA. EAST ZONE, '83(90. THIS IS NOT A SURVEY COONER & ASSOCIATES, INC, SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER,COM -. CUENT: GREEl.EY AND HANSf.N, LLC DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 04/05/05 SCALE: 1"-30' I REV: 4-27-05 PERMANENT unUTl' EASfMENT f1~ THC ~ST 100' OF SEe 14'-50-26 PROJECT No: 030705W.A DWG NO:OJ0705WA-ESW J SHEET: 1 OF 1 DARREN TOWNSEND (fOR THE FIRM LB6773) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 6476 THIS ~1..1:! DAY OF __~..L_____, 2005. EXHIBIT -A- Page ...J..L.,...of ~ PROJECT PARCEL FOLIO A~nda Item No. 16C2 -Z~~moertt3, 2005 7 ol1~ "!;tof 21 L./:2,? /'v/A SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (42.P) IN THE WEST 100' OF SECllON 14. TOWNSHIP 50 S, RANGE 26 E, COLUER COUNTY, FLORIDA -'" 10- ~~ O:;F 00 wbl z :JW Z ~:J a::;;!: .....s HENDERSON CREEl< CANAL R/W (100') N811'54'32.W 60.00' P.O.B. ): . ; 8 ~ tQ ~ .... ~l:l ;~ eJ" ll."ll o~ 1ll::J ~l= ",::> ll. PROPOSEO TEMPORARY CONSTRucnON EASEMENT 589'54'32.E I 60.00' S tQ S UNE SEC'TloN 14 P.O.C. SW CORNER SEC'TlON 14 W: C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COUMENCEUENT NO.-NUUBER DFSC'RlP'nON OF A PERUAI'{ENT U'TlUTY EASEMENT LYING IN mE WEST 100 FEET OF SEC'TlON 14, TO~SHIP 50 soum, RANGE 26 EAST, COWER COUNTY, FLORIDA: COUMENCtNG AT lllE SOUlllWEST CORNER OF SAID SECllON 14. THENCE RUN Noo'50'<<.E, A DISTANCE OF 24.68 FEET ALONG lllE WEST UNE OF SAID SECllON AND mE EAST RIGHT-OF-WAY UHE OF COUNTY ROAD 951 TO lHE POINT OF BEGINNING; mENCE CONllNUE ALONG SAID WEST UNE AND EAST RIGHT-OF-WAY UNE Noo"50'44"[, A DISTANCE OF 25.00 FEET; lllENCE RUN S89'54'32"E, A DISTANCE OF 80.00 FEET; mENCE RUN S00'50'44"W, A DISTANCE OF 25.00 FEET ALONG A UNE 'THAT IS PARALLEL 'Mm AND 60 FEET EASTERLY OF lllE WEST UNE OF SAID SECllON; lHENCE RUN N89'54'32.W, A DISTANCE OF 60.00 FEET TO SAID WEST UNE. SAID EAST RIGHT-OF-WAY UNE AND lllE POINT OF BEGINNING. CONTAINING 1,500 SQUARE FEET OR 0.03 ACRES, MORE OR LESS. ~ 'L/ --~~------------- DARREN TO~SENO (fOR lllE FIRM LB8773) PROF1:SlMoNAL SURVEYOR AND UAPPER Fl.OR1'lt UCENSE NO. LS ~476 lHIS ~ DAY OF !'JUt..- MmI; 'THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SUR'JEY OF SEC'TlON 14. BASIS OF BEARING: STAlE PLANE COORDINATE SYSTEU. FLA, EAST ZONE, '83(90. THIS IS NOT A SURVEY COONER &: ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE. FORT MYERS, FLORIDA :5:5905 PHONE: (239)277-0722 fAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CLIENT: GREElEY AND HANSEN, LLC DRAWN BY: OKT CHECKED BY: J.N.W. PARCEL DESCRIPTION: DAlE: 04/05/0e SCAlE' 1".30' PERMANENT UllUTY EASEMENT IN niE . WEST 100' OF SEe 14-50-26 PRO.ECT No; 03070eW.A . DWG No:OJ07OSWA-ESM SHEET: 1 OF 1 2005. REV: EXHIBIT 4- Page -LL..oI....1..:L- PROJECT PARCEL rOLIO Agenda Item No 16C2 September 13, 2005 Page 18 of 21 7015""1 T- 7olS--:::1... 43,'P 1//fi- SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (48.P) IN lHE WEST 1 DO' OF SECTION 23, TO~SHIP 50 S, RANGE 26 E, COWER COUNTY, FLORIDA P.O.C. V NW CORNER SECTION 23 t\. "J NORlH UHE SECl10N 23 L, ~~ L . ~ ro .,; 8 r<f ~ : ~ '> . 1&.1 . . 8 ~ . ~ ~ 8 z 589'55'17"E 80.01' 80.0t' N89"5S'ITW ~ . : 8. .n ~ - ~ 0- ~tl ~... :::lEU.... ",Uz ..."'... n.-tt~ Sl:~ ~::JW &; '" Q. P.O.B.'-...... -I') If)r<f m .~ 0;1= Uu !J:'~ ::11&.1 ~~ II::~ w~ HENDERSON CREEK CANAL R/W (100') ID; C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY p.D.a.-POINT OF BEGINNING P.D.C.-POINT OF COMMENCEMENT ND.-NUMBER DESCRIPl10N OF A PERMANENT UTIUTY EASEMENT L '\1NG IN THE WEST 100 FEET OF SECTION 23, TOVf1IISHIP 50 SOUlH. RANGE 26 EAST, COWER COUNTY, flORIDA: COMMENCING AT lHE NORlHWEST CORNER OF SAID SECTION 23, THENCE RUN Soo'SO'<<"W, A DISTANCE Of 2069.6<4- FEET ALONG lHE WEST UHE Of SAID SECTION AND lHE EAST RIGHT-Of-WAY UNE OF COUNTY ROAD 951 TO THE POINT OF BEGINNING; lHENCE RUN 589'55'17"(, A DISTANCE OF 80.01 FEET; tHENCE RUN SOO'SO'<<.W, A DISTANCE Of 15.00 FEET ALONG A UNE lHAT IS PARAu.EL WITH AND 80 FEET EASTERLY OF mE WEST UNE Of SAID SECl1ON; lHENCE RUN N89'5S'17.W, A DISTANCE OF 80.01 FEET; TO SAID WEST UNE AND EAST RIGHT-OF-WAY UHE; lHENCE RUN NOO'50'<<"(, A DISTANCE Of 15.00 FEET ALONG SAID WEST UHE AND EAST RIGHT-OF-WAY UNE TO lHE POINT OF BEGINNING. CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. '-:\ r-7 J ---~~~--------- tiQX; THE PARCEl BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FlELD SURVEY OF SECTION 23. BASIS OF BEARING: STAlE PLANE COORDINA TE SYSTEM, FlA. EAST ZONE, '83(90. THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVE't1NG AND MAPPING 5670 ZIP DRIVE. FORT MYERS, FLORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVE'r1NGOCOONER.COf.f WENT: GREElEY AND HANSEN, LlC DRAWN BY: DKT CHECKED BY: ,JofW PARCEl DESCRIPTION: DATE: 04/05/05 SCALE: '.-30' REV: PERMANENT UnuTY EASEMENT IN lHE WEST 100' Of SEC 23-50-26 PROJECT No: 030705W.A DWG NO:OJ070SWA-ESU SHEET: 1 OF 1 DARREN TOWNSEND (fOR THE FlRM LB6773) PROFESS!ONAl SURvEyOR AND MAPPER FlORID.A..UCENSE N~.;.78 THIS ~ DAY Of ,flUL 2005. EXHIBIT ..d,.... page....LLM~ PROJECT PARCEL FOLIO Agenda Item No. 16C2 Sf~1r~~~~fg~ 4 L/, P Hilt SKETCH AND DESCRIPTION OF A PERJlANENT UTIUTY EASEJlENT (44.P) IN THE WEST 100' OF SECTION 26, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, FLORIDA P.O.C. ~<D <rNW CORNER ~ '" SECl10N 26 o!~ I\. .F Uu \, ~bl}.. ~ :11.01 0 ~~ ~ o:~ ~ w"" ~ <;. ~ b P.O.B. '-....... ~ ~~ ~ .- z < NORlli UNE SECllON 26 L~ ~~ J. > 589'59'3O"E 80.01' ~ ~ ~ ~ ~~ ~lj>- ",Uz w<w n.olj:l o/:lll ~:J~ ~~ ",::> n. ---- [\. PROPOSED TEMPORARY CQNSTRUCnON EASEMENT 80.of N89'59'JO"W HENDERSON CREEK CANAl R/W (100') KEX: C.R.-COUNTY ROAD R/W - RIGHT-Of-WAY p.O.e.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO.-NUMBER DFSCRIP110N OF A PERMANENT UllUTY EASEMENT LYING IN lliE WEST 100 FEET Of SECllON 26, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, A.ORIDA: COMMENCING AT '!HE NORlliWEST CORNER OF SAID SECllON 26, lliENCE RUN SOO"50'44"W, A DISTANCE Of JJn.07 FEET AlONG lliE WEST UNE OF SAID SECllON AND lliE EAST RIGHT-Of-WAY UNE OF COUNTY ROAD 951 TO '!liE POINT Of BEGINNING: lliENCE RUN S89"59'30.E, A DISTANCE Of 60.01 FEET; lliENCE RUN SOO'SO'<<"W, A DISTANCE OF 15.00 FEET ALONG A UNE '!liAT IS PARAu.EL WI'!li AND 60 FEET EASTERLY Of '!liE WEST UNE OF SAID SECll0N; '!liENCE RUN N89"59'30.W, A DISTANCE OF 80.01 FEET; TO SAID WEST UNE AND EAST RIGHT-OF-WAY UNE: '!liENCE RUN NOO"50'<<"E, A DISTANCE OF 15.00 FEET ALONG SAID WEST UNE AND EAST RIGHT-OF-WAY UNE TO '!liE POINT OF BEGINNING. CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. --~----- [l,t.RRF.N TO\'ltlSENO (fOR '!liE ARM LB677J) PROFESSIONAL SUR'v[Y()R AND MAPPER FUlRIDA" U(:f.NSE NO. LS ~fl '!liIS G" DAY Of ft2./ L I:iDlti '!liE PARCEL BEARING, DISTANCES, AND AREAS CALCULAlEO ARE BASED ON A AELD SURVEY. BASIS Of BEARING: STATE PLANE COORDINATE SYSTEM, A.A. EAST ZONE, '83(90. lHlS IS NOT A SURVEY COONER &: ASSOCIATES. INC" SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, Fl..ORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIl: SUR\€Y1NGOCOONER.COM CUENT: GRm.EY AND HANSEN, LLC DRAWN BY; DKT CHECKED BY: JNW PARCEl. DESCRIPTION: DATE: 04/05/05 SCALE: 1".30' REV: PERMANENT UllUTY EASEMENT IN '!liE WEST 100' Of SEC 26-50-28 PROJECT No: OJ07D5W.A DWG NO:030705WA-ESU SHEET: 1 Of' 1 2005. EXHIBIT~ Page .J.lL.oI-LL PROJECT PARCEL FOLIO Agenda Item No, 16C2 September 13, 2005 Page 20 of 21 lo/'n r- 70/~:J... J..; ~ p N/~ SKETCH AND DESCRIPTION OF A PERJlANENT UTILITY EASEMENT (45.P) IN lHE WEST 100' OF SECllON 26, TOWNSHIP 50 S, RANGE 26 E, COWER COUNTY, flORIDA Ll - N00'50'<<'E 52.52' L2 - NOO'50'<<"E 65.39' SOUlH UNE SEClION 211 CREEK (100') _10 00'" m .~ a::F Uu ~~ ::I.... ~!j a::~ ....otI ~ Z ~ l!j}1 - ~ KEr: C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY O.R. - OFflClAl RECORDS BOOK/l>AGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO.-NUMBER .I" .$ I ~~ z >- Z Win zln ~tl>- o:Uz w<w D-.Ilf~ 8~~ 'g:jw &1= 0:::> Q. tiQll:; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON FlELD SURVEY. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FlA EAST ZONE, '83/90. NOT VAUD WITHOUT DESCRIPTION ON SHEET 2 OF 2 co '" j(j m __7J~_____ Di u ~ a:: .... HENDERSON CREEK CANAL RjW (VARIES) THIS DARREN TOMoISEND (FOR THE FlRM L96773) PROFESSIONAl SURVEYOR AND MAPPER flORIO}. ,UCENSE NO. LS ~76 THIS lI1f DAY OF PGlL JOG IN E LINE OF HENDERSON CREEK CANAL RjW IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FlORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 nMIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, llC DRAWN BY: OKT CHECKED BY: ....W PARCEL DESCRIPnON: DATE: 04/05/05 SCALE: 1"-60' REV: PERM. UTlUTY &: ACCESS EASEUENT IN THE WEST 100' OF SEC 26-50-28 PRO.ECT No: OJ0705W.A DWG NO:0307OSWA-ESM SHEET: 1 OF 2 . 2005. EXHIBIT ....d- "'-LLJ1A~ Agenda Item No. 16C2 September 13, 2005 Page 21 of 21 7" ,.,1 7- 70 I .,-;J., PROJECT PARCEL FOLIO I-f ~, p HI). SKETCH AND DESCRIPTION OF A PERJl.ANENT UTILITY EASEMENT (46.P) IN THE WEST 100' OF SECTION 26, TOWNSHIP 50 S, RANGE 26 E, COLUER COUNTY, FlORIDA nFSCRlPTlON OF A PERMANENT unuTY EASEMENT l YlNG IN 'THE WEST 100 FEET OF SECTION 26, TOVttlSHIP 50 SQU'TH, RANGE 26 EAST: COWER COUNTY, flORIDA; MORE PARTICUlARLY DESCRIBED AS FOLLOWS: COMIotENCNG AT 'THE SOU'THWEST CORNER OF SAID SECTION 26, lllENCE RUN NOO'!50'44"E, A DISTANCE OF 52.52 FEET AlONG 'THE WEST UNE OF SAID SECTION TO AN INTERSECTION WI'TH lllE EAST RIGHT-OF-WAY UNE OF COUNTY ROAD 951: 'THENCE CONTINUING AlONG SAID WEST UNE AND lHE SAID EAST RIGHT-OF-WAY UNE NOO.50'44"E, A DISTANCE OF 65.39 FEET TO 'THE POINT OF BEGINNING: 'THENCE CONTINUING ALONG SAID WEST UNE AND SAID EAST RIGHT-Of-WAY lINE RUN NOO'50'44"E, A DISTANCE OF 125.89 FEET; lllENCE RUN N2315'3Q"E, A DISTANCE OF 157.36 FEET; 'THENCE RUN SOO'!50'44"W, A DISTANCE OF 125.89 FEET ALONG A UNE 'tHAT IS PARAUEl WI'tH AND 60 FEET EASTERLY OF 'THE WEST UN( OF SAID SECTION; 'THENCE RUN S231S'30"W, A DISTANCE OF 157.36 FEET TO 'THE POINT OF BEGINNING. ' CONTAINING 7,553 SQUARE FEET OR 0.17 ACRES, t.lORE OR LESS. ~T~'ti~ 1W1~~T SKETCH'" SIGNAlURE THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING '-NO MAPPING 5670 ZIP DRIVE. FORT MYERS, ft.ORIDA 33905 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM WENT: GREELEY AND HANSEN, U.C DRA~ BY: DKT CHECKED BY: JNW PARCEl. OESCRIPllON: DAlE: 04/05/(llS SCALE: NIA IRE~ PERM. UTlUTY 6: ACCESS EASEMENT IN 'THE WEST 100' OF SEC 211-150-26 PRO..ECT No: 03070SW.A DWG No:030705WA-ESIoI I SHEET: 2 OF 2 Agenda Item No. 16C3 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY ,,- Recommendation that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, terminate the Grand Bay Condominium Inc, Customer Billing Agreement, and authorize the County Manager or his designee, to provide a required ninety (90) day written notice of the termination, OBJECTIVE: To terminate an Agreement between the County and Grand Bay Condominium Inc. (a condominium association) to read and bill water meters owned by Grand Bay Condominium Inc. CONSIDERATIONS: Grand Bay Condominium Inc. (Grand Bay) is served by Collier County for water and sewer service through a 4" master meter, which was read and billed as one monthly account prior to this agreement. Grand Bay installed sub-meters to allocate charges for water and sewer service to each property in the association. Per an Agreement entered into on November 19, 1996, the County agreed to read and bill the individual meters for each property as a convenience to Grand Bay. - The County entered into this Agreement with the understanding that Grand Bay would maintain the intemal lines and the meters owned by Grand Bay to County standards. Grand Bay is not providing meter maintenance for the individual meters. Some of the meters are stuck, which hinders accurate meter reading and billing. The individual meters cannot be locked for collection of delinquent utility bills beCause the County does not own the meters or the internal distribution lines to the meters. If the Board of County Commissioners approves the termination of this Agreement, County staff will resume reading and billing the 4" master meter to Grand Bay as one monthly utility bill, which includes all individual properties. The master meter is owned and maintained by the County, The County could remove the 4" master meter, install individual meters and maintain, read, and bill the individual meters; if Grand Bay would: . Bring the internal distribution lines up to County standards, . Dedicate the intemallines to the County, and . Provide Conditional Utility Easements to the County. Grand Bay has been non-responsive to the County's inquiries. Therefore, letters were mailed to each individual utility customer to advise them of the County's position and the options. ,,-- The County Attomey has reviewed the Agreement and has opined that a ninety (90) day written notice is required to terminate the Agreement. .-- --- ,.,--. Agenda Item No. 16C3 September 13, 2005 Page 2 of 3 FISCAL IMPACT: Lost revenue ($1,600 per year) received for billing the individual meters will be offset by a decrease in operating expenses incurred to read and bill the individual meters in the Water-Sewer District Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. RECOMMENDATION: Recommend the Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, terminate the Grand Bay Condominium Inc. Utility Customer Billing Agreement and authorize the County Manager, or his designee, to provide a ninety (90) day written notice to Grand Bay Condominium, Inc. that the County is exercising the termination clause in the Agreement. PREPARED BY: Mary Jo Thurston, Revenue Manager, Utility Billing and Customer Service Department. Agenda Item No. 16C3 Seplember 13, 2005 Page 3 01 3 COLLIER COUNTY BOARD OF COUNT'( COMMISSIONERS Item Number: Item Summary: 16C3 Recomlllellda1ion that the Bo8rd of County Commissioners, Ex~Offido the Governing Board of the Collier County Water-Sewer District, terminate the Grand 8;rtt Condominium Inc Customer Billing Agreement. and authorize the County Manager or his designee. to provide ninety (90) days written notice of the termination Meeting Date: 9/13l2005 9:00:00 AM Apllroved By Thomas Widlols Operation~ Director D... Public UUlities Public utilities Operattons 8191200512:30 PM Approved By Mary Jo Thurston Rl'I\Il'Jnue Manager Dote Public UUltti(!oS uses 819/20051:13 PM Appro'\'cd By John A. Yonkosky Utllity Billing Director Dat. Public Utllitlec UBes 8f9JW05 1 ~23 PM Approved By Thomas Palmer AfIlsistant county Attornl!lY Oat. County Attorney County Attorney Office S19fZ005 1:41 PM Approved B~' JarMS W. DeLony Public Utilities Administrator Date Public Utilniea Public lltlllti8S Admini$tratlon BJ10!'2005 4:29 PM AplJrOved By OMB Coordin...tor Administrative Assistant Oat. County Mannger'z Offioe' Office of MllInlllgemef\t & Budget 8111J2005 2:56 PM Approved By Michael smykow$"l Management & Budget Director Dote COl,lnty Manager's Otfloe Office of Manag~ment & Budget 811BJ200S 2:11 PM Approved By Leo E. Oells, Jr, Board or County Commi5siollen;; Deputy County Manager Dat. county Manager'$ Office 8r2312005 12~25 PM Agenda Item No. 16C4 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY .~ Recommendation that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, terminate the Coco bay Condominium Inc, Customer Billing Agreement, and authorize the County Manager or his designee, to provide a required ninety (90) day written notice of the termination. OBJECTIVE: To terminate an Agreement between the County and Cocobay Condominium Inc, (a condominium association) to read and bill water meters owned by Coco bay. CONSIDERATIONS: Coco bay Condominium Inc. (Co co bay} is served by Collier County for water and sewer service through a master meter, which was read and billed as one monthly account prior to this agreement. Cocobay installed sub-meters to allocate charges for water and sewer service to each property in the association. Per an Agreement entered into on July 31, 2001, the County agreed to read and bill the individual meters for each property as a convenience to Cocobay, ~ The County entered into this Agreement with the understanding that Coco bay would maintain the internal lines and the meters owned by Cocobay to County standards. Cocobay is not providing meter maintenance for the individual meters. Some of the meters are stuck, which hinders accurate meter reading and billing. The individual meters cannot be locked for collection of delinquent utility bills because the County does not own the meters or the internal distribution lines to the meters. If the Board of County Commissioners approves the termination of this Agreement, County staff will resume reading and billing the 3" master meter to Coco bay as one monthly utility bill, which includes all individual properties. The master meter is owned and maintained by the County. The County could remove the 3" master meter, install individual meters and maintain, read, and bill the individual meters; if Coco bay would: . Bring the internal distribution lines up to County standards, . Dedicate the internal lines to the County, and . Provide Conditional Utility Easements to the County, Coco bay has been non-responsive to the County's inquiries. Therefore, letters were mailed to each individual utility customer to advise them of the County's position and the options. ~' The County Attorney has reviewed the Agreement and has opined that a ninety (gO) day written notice is required to terminate the Agreement. ,--.. ~ ,..-' Agenda Item No. 16C4 September 13, 2005 Page 2 of 3 FISCAL IMPACT: Lost revenue ($1,600 per year) received for billing the individual meters will be offset by a decrease in operating expenses incurred to read and bill the individual meters in the Water-Sewer District Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. RECOMMENDATION: Recommend the Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, terminate the Coco bay Condominium Inc. Utility Customer Billing Agreement and authorize the County Manager, or his designee, to provide a ninety (90) day written notice to Cocobay Condominium, Inc. that the County is exercising the termination clause in the Agreement. PREPARED BY: Mary Jo Thurston, Revenue Manager, Utility Billing and Customer Service Department. Agenda Item No 16C4 September 13, 2005 Page 3 01 3 COLLIER COUNTY BOARD OF COUNl"Y COMMISSIONERS Item Number. Item Summary: 16C4 Rec{lmmendali{ln lhftt the BOl"ord of County CommiS5t(lners. Ell-Offtcio the Governing Board of the Collier County Wate-I-Sewer DistrIct, terminate the Cocobay CondominIum Inc, Customer Billing Agreement and authorIze the County Manager or his designee. to provide a required ninety (90) day written notice of tf1e termination Meeting Date: 9/13120059:00:00 AM AI)provcd By Thomas Wides Operations Oireetor D.!IIte Public Utilities Public UtlHties Operatjon~ 819/200512;29 PM Apprond By Mary Jo Thurston Revenue Manager Date Public UtUlhes UBCS BJ9f2005 1:16 PM Approved B~' John A, Yonkosky Utility Billing Director Oat. Public Utilities UBes 819/2(105 1 :23 PM Approved By Thomas Palmer Anistant County Attorney Date County Attorney County Attorney Office 811012005 9:33 AM Appro'Ved By James W. DeLony Public Utilities Administrator Dote Public Utilities Public utilities Adminis.tration 8110120054:29 PM Appro'Ved By OMS Cuordinator Ad.mnistrlltlve Assilitant Date- County Manager's Office Office of Management" & Budget 8(11/20052:55 PM Approved By Michael SmykOWtlki Management & Budget Director Date County M;mager's Otfi(ll!l Office of Managomont & Budget 8!18t2005 2:13 PM Approved By Leo E, Ochs, Jr 80ard of County Cornmiu.onen;. Deputy County Mannger Oat. County Manager's Office 8123/200512:23 PM ,,"'-'" ,- ,,-- Agenda Item No. 16C5 September 13, 2005 Page 1 of 4 EXECUTIVESU~Y Recommendation to approve a Third Amendment to Lease Agreement with the City of Naples Airport Authority to extend the lease term for the Naples Transfer Station property at a first year annual rent of $39,556, OBJECTIVE: The public purpose is to extend the Naples Transfer Station land lease for two additional years, CONSIDERATIONS: The County currently leases approximately 150,000 square feet of land at the City of Naples Airport for the Solid Waste Department's Naples Transfer Station. The attached Third Amendment to Lease Agreement extends the lease term for two additional years beginning October 1, 2005, and ending on September 30, 2007. The frrst year's annual rent shall be $39,556. The rent for the second year of the renewal term shall be increased pursuant to the Consumer Price Index. The remaining terms and conditions of the original Lease Agreement remain in full force and affect. This Amendment has been reviewed and approved by the Solid Waste Department and the County Attorney's office as to form and content. The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary. FISCAL IMPACT: The fIrst year's annual rent of$39,556 will be paid in equal monthly installments of $3,296.33 and be withdrawn from the Solid Waste Disposal Fund (470). GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve and authorize its Chairman to execute the attached Third Amendment to Lease Agreement with the City of Naples Airport Authority, PREPARED BY: Michael H. Dowling, Senior Property Management Specialist Real Estate Services I Facilities Management Department Item Number: Item Sumll18ry: MeetinG Date: Agenda Item No. 16C5 September 13. 2005 Page 2 014 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C5 Approval of a Third Amendment to L~a8e Agreement with the City Of Naples Airport Authority to extend the Lease lerm for the Naples Transfer Station Property at a: first year annual rent of $39 <556 9113120059:00:00 AM Property Management Speciallat 0'" 8/6120054:24:29 PM Prepared By Michaall-L Dowling Adminlaturtive Services FacUities Management Kevin H. Dugan Environmental Compliance Manager 0... Approved By PUblic Utilities Solid Waste 8!912005 6:07 AM Operations Director Oal. Approved By Thomas Wides Public Utllitie8 Public UtiUtles Operations 8(9/200511:50 AM Approved By Charles E. Cnrrinoton, Jr., SRNoJA Real Estm.e Services Manager Date Administrative ServiC&9 Facilities Management 819/2005 4:59 PM Oat. Approved B)' Appro,,'ed By Danie! R. Rodriguez, M.BA Interim Solid Waste Director 81912005 5:,w PM Skip C3mp, C.F.M, Public Utilities Sotld Waste Facilities MlIn3gemen1 Director 0... Administrative Services Facllitles Managerrmnt 6/10/200512.:56 PM James W. Delony Publ1c Ut!lltiC6 Adminil)trlltor Date AI'IUO\'ed By Public Utilities Public Utilities Administration BJ10f2005 4~31 PM OMB Coordinator Adminlztrati.....e Assistant Date APIIfO\'ed By County ManagGJ:r'1I Office Office of Management & Budget 8/11120052:54 PM Michael Smykowski Management 8- Budget Director 0"", Approved By County Manager'. Office Office of MIU1.8gement & Budget 8f23/200S 1:48 PM Apprond 8)' County Manager Oat. Jame$ V, Mudd Board of County Commissioners County Manager'S Offictt 8121/200512:13 PM Agenda Item No. 16C5 September 13, 2005 Page 3 of 4 CITY OF NAPLES AIRPORT AUTHORITY LEASE AGREEMENT THIRD AMENDMENT THIS THIRD AMENDMENT TO LEASE AGREEMENT, entered into this day of 2005 between the CITY OF NAPLES AIRPORT AUTHORITY, a political subdivision of the State of Florida (hereinafter referred to as "Lessor"), and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Lessee. ") WHEREAS, the Lessee and Lessor have previously entered into a Lease Agreement dated October 21, 1999, a First Amendment to Lease Agreement, dated February 21, 2002, and a Second Amendment to Lease Agreement dated November 5, 2002 (collectively the "Lease Agreement"); WHEREAS, the Lessee intends to enter into a long-term lease agreement with the Lessor within twenty-four (24) months of the date of this Third Amendment to Lease Agreement, and; WHEREAS, the Lessee has plans to construct a state of the art recycling center within twenty-four (24) months of the date of this Third Amendment to Lease Agreement; NOW, THEREFORE, In consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, including the covenants and agreements to be performed by Lessee and Lessor herein and pursuant to that certain Lease Agreement dated October 21, 1999, the First Amendment to Lease Agreement dated February 21, 2002 and the Second Amendment to Lease Agreement dated November 5,2002, Lessee and Lessor do hereby agree to amend the Lease as follows: 1. The following provision is added to Article 1 of the Lease Agreement: "If this Lease is not terminated prior to September 28, 2005, this Lease shall renew automatically for one (1) additional term of two (2) years, The monthly rent commencing as of October 1, 2005 and October 1, 2006 shall be increased pursuant to the terms set forth in this Lease Agreement." 2. Except as expressly modified herein, the Lease Agreement shall remain in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. Lessee and Lessor warrant and covenant that this Third Amendment to Lease Agreement and its execution has been duly authorized and approved by their respective governing boards. -1- 214547,1 7/19/2005 Executed this _ day of A TIEST: By: Theodore D. Soliday Executi ve Director A TIEST: DWIGHT BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency for the Airport Authority: F. Joseph McMackin ill Counsel to the Authority Agenda Item No. 16C5 September 13, 2005 Page 4 of 4 ,2005. CITY OF NAPLES AIRPORT AUTHORITY, a political subdivision of the State of Florida By: Peter L. Manion Chairman BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Approved as to form and legal sufficiency for Collier County: 1f.!mas C. Palmer Assistant County Attorney -2- 214547.17/19/2005 Agenda Item No. 16C6 September 13, 2005 Page 1 of 11 EXECUTIVESU~Y - Recommendation to apply to the Florida Department of Environmental Protection for a 2006 Section 319 Grant towards the Holistic Approach to the Reduction of Non-point Source Pollution in the amount of $116,000, OBJECTIVE: To apply to the Florida Department of Environmental Protection for a 2006 Section 319 Grant towards the Holistic Approach to the Reduction of Non-point Source Pollution in the amount of $116,000, CONSIDERATION: The Florida Department of Environmental Protection (FDEP) is offering this grant to provide assistance to implement projects that reduce non-point source pollution such as stonnwater runoff from urban areas and agricultural operations, failing septic tanks, and erosion from construction areas. Funds originate from the Environmental Protection Agency (EPA) and are administered in Florida by the FDEP, The proposed project will develop, implement and evaluate a 3-year watershed outreach educational program to promote Best Management Practices, address public awareness and stakeholders, and reduce the potential non-point source pollution (NSP) derived from golf course comrmmities, agricultural, industrial, and commercial activities in Collier County. .- The total project cost is $254,000 for three years. The grant request is $116,000, which reflects a 46% cost share from FDEP, Staff time and travel costs in the amount of $138,000 are 54% of the County's cost share, these monies have already been budgeted and are part of existing and ongoing programs that utilize existing personnel at the Pollution Control and Prevention Department. The grant money will be used to enhance and expand the existing activities that promote Best Management Practices, address public awareness, and reduce the potential non-point source pollution (NSP) derived from golf course communities, agricultural, industrial, and commercial activities in Collier County, A wards are provided on a cost-reimbursement basis under the grant period. If awarded, the County will be notified by FDEP in October 2005 of the status. EPA anticipates awarding the funds in September 2006 and will then require each successful applicant to execute a grant agreement. FISCAL IMP ACT: If awarded, it is expected that grant funds in the amount of $116,000 will be recognized in Fund 116 and the local match will be provided from Fund 114 as an expanded project in the amount of $138,000. ...-- GROWTH MANAGEMENT IMP ACT: This project satisfies the following goals of the Conservation and Coastal Management Element, which state that the County shall continue to plan for the protection, conservation, management and appropriate use of its natural resources (Goal 1), shall protect its surface and estuarine water resources (Goal 2), shall protect its ground water resources to ensure the highest water quality practical (Goal 3), shall conserve, protect and appropriately manage the fresh water resources (Goal 4), and shall appropriately manage hazardous materials and wastes to protect the Agenda Item No. 16C6 September 13, 2005 Page 2 of 11 county's populous and natural resources and to ensure the highest environmental quality (Goal 9). RECOMMENDATION: That the Board of County Commissioners authorize submission to the Florida Department of Environmental Protection for a 2006 Section 319 Grant towards the Holistic Approach to the Reduction of Non-point Source Pollution in the amount of $116,000. PREPARED BY: Dr, Musa Nossier, Environmental Specialist, Pollution Control Department -. .-- ^gElnda Item No.1 GC6 September 1~~, 2005 Page 3 0111 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item SurrtflMlry: 16C6 Meeting Date: Recommenda1ion to apply to the Florida Department of Environmental Protection for a 2006 Section 319 Grant towards the Holistic Approach to the Reduction of Non-Point SOl.lrCe Pollution In the amount at $116,000 9/13120059:00:00 AM Approved B)' Ray Smith Director Date 8/8120054:56 PM Public Utillti.. pollution Control & Pr....ention Approved B)' Thomas Wideli OperatioN Director Date Public UtillUes Public Utilities Operlllions 8/912005 11:30 AM Approved By rMrlene J. Foord Grants Coordinator Date AdminlBtratiye Servl(ll!l' Admlt"llstratiye S$rvlcClis Admin, 8/111200& 10:07 AM Approved B)' James W. DeLony Public Utilities Administrator Date Public Utilities Pl.fbtic Utilities Administration 6111120052:049 PM Approved By DMB Coordinator AdministrAtive A.nistant Dot. County M1II'UJger'S Office Office of Management & Budget 8/1212006 !b45 AM AplJrOved By Michael Smykowskl County MZlMger'& Office- Management & Budget Director Otflce 01 Manlilgement & BUdget Dote 8/23120051:39 PM Approved By James V. Mudd Board of County Commi$sioners county Manuget 0"'. COLlnty Manaoer's Office 6/3012005 2:44 PM Agenda Item No. 16C6 September 13, 2005 Page 4 of 11 FY 2006 SECfION 319 GRANT PROPOSAL APPLICATION PROJECT: A holistic approach to the reduction of Non point Source Pollution (NSP) from various land uses in Collier County, Florida. PROJECT FUNDING: $ 116,000 FY06 319 $ 138,000 Match LEAD ORGANIZATION: Collier County Board of Commissioners, Florida CONTACT PERSON: Dr. Musa A. Nossier Pollution Control & Pollution Prevention Department, PUPUC UTILITIES DMSJON 3301 TAMJAMJ TRAIL EAST, NAPLES, FL 33112 (239) 732 2502 (X5068) /(239) 732 2574 (FAX) m~anw~~~om~go~n~ COOPERATING ORGANIZATIONS: Florida Department of Environmental Protection, Florida Department of Agriculture & Consumer Services, South Florida Water Management District, Florida Department of Health & Human Services, Fish& Wild Life Conservation and the Conservancy of South West Florida. PROJECT ABSTRACT: A three-year watershed outreach educational program will be developed, implemented, and evaluated to promote best management practices, address public and stakeholders awareness, reduce NSP derived from golf course communities, agricultural, industrial, and commercial activities, in Collier County. This effort will develop and sustain, partnerships with local and state agencies and the stakeholders to expand, update, and tailor the education program on NSP prevention. Compliance assistance visits, both pre-and post implementation of the education program, will be conducted to encourage the adoption of a holistic approach encompassing all stakeholders and their commitments to reduce potential NSP in Collier County. A Certification of Recognition Incentive Program (CRlP) will be developed specifically geared to those facilities that go beyond compliance with regulatory requirements to attain a high level of environmental performance and management that benefit the public and the environment PROJECT LOCATION AND WATERSHED CHARACTERISTICS: Collier County was created in 1923 by the Florida legislature from portions of Lee and Monroe Counties. It is located in southwest Florida bordering the Gulf of Mexico on the west, and Miami-Dade and Broward counties on the East. The City of Naples, located in the western and coastal area of Collier County, is the largest of the three incorporated cities in Collier County. Everglades City lies south and east of Naples; the City of Marco Island lies south along the Gulf of Mexico. Collier County encompasses approximately 5,185.15 Km2 ofland and in a surficial limestone deposits formed around 120,000 years ago (pleistocene) situated between the tropics and the temperate climatic zone. Human impacts on South West Florida Natural Resources have been great, especially in the last two decades. NPS pollution, unlike pollution from point sources such as industrial and sewage treatment plants, comes from many diffuse sources that have their genesis in land use. Polluted runoff is transported by rainfall moving over and through the ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them into watersheds through lakes, rivers, wetlands, coastal waters, and aquifers. Watershed Name: Latitude: Longitude: Hydrologic Unit Code (HUC): Everglades-West CoastlBig Cypress Basin N/A N/A 03090204 1 Agenda Item No. 16C6 September 13, 2005 Page 5 of 11 Land Uses within the Watenbed(acres and percentages of total): Land Use Acres I, % Aerieulture/Row & Citl1ll 81,452 6.06 Aericulturel Pasture & Range 49,110 3.65 Commercial 27,741 2.06 Industrial 8,862 0.66 Traosuortation 3,934 0.29 Uulands 87,361 6.50 Wetlands 1,031,462 76.69 Residential 54,971 4.09 l,and UseTotals{A'Crea<<eand%) 1,344893 100.00 POLLUTION REDUCTION STRATEGY: Agricultural, golf courses, Industrial. commercial and urban nonpoint sources are the leading sources of water quality impacts to wet lands and the maj or contnbutor to contamination of groundwater and estuaries such as Naples Bay, Rookery Bay and Lake Trafford, in Collier County. Section 303(d) of the Clean Water Act (CWA) requires states to submit lists of surface waters that do not meet applicable water quality standards (impaired waters) after implementation of technology-based effluent limitations, and establish Total Maximum Daily Loads (TMDLs) for these waters on a prioritized schedule. TMDLs establish the maximum amount of a pollutant that a water body can assimilate without causing exceedances of water quality standards. As such, development ofTMDLs is an important step toward restoring our waters to their designated uses. In order to achieve the water quality benefits intended by the CW A, it is critical that TMDLs, once developed, be implemented as soon as possible. Chapter 99-223, Laws of Florida, sets forth the process by which the 303(d) list is refined through more detailed water quality assessments. It also establishes the means for adopting TMDLs, allocating pollutant loadings between contributing sources, and implementing pollution reduction strategies. Implementation ofTMDLs refers to any combination of regulatory, non-regulatory, or incentive-based actions that attain the necessary reduction in pollutant loading. Non-regulatory or incentive-based actions may include development and implementation of Best Management Practices (BMPs), pollution prevention activities, and habitat preservation or restoration. The goal of this proposed three-year educational project is to promote the protection of human health and the environment from the potential NSP derived from improper management of solid and hazardous wastes, pesticides, fertilizer, and water on the golf courses; agricultural, industrial, and commercial activities in Collier County, Florida. A multi-media compliance assistance visit will be conducted at 55 private and 14 public golf courses, agricultural, industrial, and commercial facilities to assess the effectiveness of BMPs and the education outreach campaign for all activities at these communities, adopting a holistic approach, encompassing all shareholders and their commitments. By applying this holistic approach through cooperative efforts of Collier County, state regulators, the golf courses, agricultural, industrial, commercial facilities and the public at all levels of responsibilities, the natural splendor of the aquatic ecosystem resources such as Naples Bay, Rookery Bay, and Lake Trafford would be recognized and restored. Pollution prevention ofNSP will be accomplished through conducting watershed educational campaign with more emphasis on solid and hazardous wastes, application of pesticides and fertilizers, and water conservation. The stakeholders will be identified, engaged, and involved to restore and maintain healthy environmental conditions for the various Communities. All literature of the BMP for solid and hazardous wastes, storage tanks, pesticides and fertilizers, Club and Restaurants, septic tanks, and environmental health and safety for the various stakeholders, will be reviewed, updated, and enhanced. Seminars will be conducted for the residents and management of the golf Courses, agriculture, commercial, and Industrial communities to establish community involvement, conformity, and commitn1ent in reducing NSP by preventing illegal dumping, and release of hazardous products from automobiles onto roadways and parking lots. Development and application of the appropriate techniques for tracking, evaluating, and reporting the implementation of the education campaign, BMP for all activities, and compliance with the array of regulatory requirements, will be performed. The holistic approach allows uniform documentation of the BMP for comparison throughout the watershed with all stakeholders' involvement for acceptable action to be taken to remedy the segment of the watershed. The Big Cypress Watershed Management Plan, which is under development by the State of Florida, would benefit from the implementation of the above programs to reduce the TMDLs for Naples Bay, Rookery Bay, and Lake Trafford. PROJECT OBJECTIVES: The goal of this proposed three-year educational project is to promote the protection of environment from the NSP 2 Agenda Item No. 16C6 September 13, 2005 Page 6 of 11 derived from improper management of solid and hazardous wastes, pesticides, fertilizers, and water in Collier County, Florida. The objectives are: e Develop and implement a watershed outreach plan to address public awareness, promote BMP, and inform the stakeholders. e Evaluate, assess, and continuously update the BMP to better educate the stakeholders at all levels regarding NSP reduction. e Continue to partner with local and state agencies and the stakeholders to expand and improve education programs on NSP prevention. e Conduct compliance assistance visit to assess the effectiveness of the BMP and the educational program for all activities adopting a holistic approach. e Develop, and install a pollution prevention incentive program specifically geared to those who go beyond compliance with regulatory requirements to attain a high level of environmental performance and management that benefit the public and the Environment. · Continue to implement the above objectives for the NSP education program targeting other land uses (agriculture, industrial, and commercial facilities) in the county. PROJECf DESCRIPTION: Human impacts on south west Florida ecosystem have been great, especially in the last two decades. Extensive drainage of natural wetlands and the rerouting of natural watetways have been compounded by massive population growth, that has driven the over-development of this sensitive area. The importance of water as a resource will inevitably grow as the population of Collier County increases with the subsequent impact of its quality. Implementation of TMDLs refers to any combination of regulatory, non-regulatory, or incentive-based actions that attain the necessary reduction in pollutant loading. Non-regulatory or incentive-based actions may include development and implementation ofBMP, pollution prevention activities, and habitat preservation or restoration. The goal of this Proposed three-year educational project is to promote the protection of human health and the environment from the NPS derived from improper management of solid and hazardous wastes, pesticides, fertilizer, and water on the golf courses, agricultural, industrial, and commercial activities in Collier County, Florida. A multi- media compliance assistance visit will be conducted at 55 private and 14 public golf courses, agricultural, industrial, and commercial facilities to assess the effectiveness of the BMP and the education outreach campaign for all activities adopting this holistic approach. 3 Agenda Item No. 16C6 September 13, 2005 Page 7 of 11 ESTIMATED POLLUTANT LOAD REDUCI10N: This is a non-structural best management practice project and it is impossible to predict pollutant load reduction without a monitoring program. The educational outreach campaign and the subsequent commitment of the stakeholders to the implementation of the BMP beyond compliance with environmental regulation would reduce the load of pollutants and subsequently protect and preserve the aquatic ecosystems of the Everglades West Coast (Big Cypress) watershed. Tracking, evaluating, and reporting the implementation of the education campaign, BMP for all activities, and compliance with the array of regulatory requirements will confirm this. BMPs .. ... Other Other Installed TSS TP TN Sediment BOD K21vr K2fyr Kg/yr KgIyr KgIyr Kglyr Kg/yr Pre- Project '" Post- 'C elS Proiect = ~ Load .... Cl Reduction S :5l 0/0 :. Reduction TSS TP TN Sediment BOD Other Other I.Kf!Iyr K2fyr Kg/yr KgIyr Kg/yr KgIyr Kg/yr : Pre- Project ~ Post- elS Project ~ .... Load Cl Reduction a ~ 0/0 ~ Reduction Other Other TSS TP TN Sediment BOD KIUYr Kl!lyr Kg/yr Kg/yr Kg/yr Kg/yr KgIyr Pre- Project '" Post- 'C elS Project = ~ Load .... i Reduction :a % ~ Reduction TSS TP TN Sediment BOD Other Other K21yr .K2fyr Kg/yr Kglyr Kg/yr KgIyr Kg/yr Pre- Project '" Post- 1 Project = ~ Load .... S Reduction :5l ole ~ Reduction 4 Agenda Item No. 16C6 September 13, 2005 Page 8 of 11 MODEL USED: N/A OUTPUTS/DELIVERABLES: Task 1: Develop educational materials including a multimedia manual accompanied with power point slide show and video documentary designed to inform and promote public awareness to pollution prevention and water conservation through out the County. - Task 2:Develop and produce a multimedia compliance assistance visit form and check list (FDEP HW # 484) to be applied for compliance assistant visits to golf courses, farms, Industrial, and commercial facilities, pre- and post implementation of the education outreach and the BMP. Task 3: Document and statistically analyze the effectiveness of the environmental outreach programs in reducing the NSP derived from the above activities. Task 4: Document the efforts to develop partnerships with various local, state agencies and the stakeholders. Task 5: Document the number of participants in the outreach education campaign and modifY the workshops if necessary based on the evaluation of the effectiveness of the educational campaign with uniformity throughout the county. Task 6: Document the inventory of applied fertilizers, pesticides, and the proper / improper disposal of hazardous wastes, water uses and recorded precipitation. This data will be used to assess the potential load of pollutants pre- and post evaluation at each site. Task 7: Production and distribution of press releases, newspaper articles, and newsletter notices for the public and the stakeholders, in English, Spanish, and Creole for the duration of the project. Task 8: Develop a Certification of Recognition Incentive Program (CRIP) for the environmentally friendly facilities exceeding compliance in Collier County. Task 9: Submission of quarterly progress reports, a draft project report and five hard copies, and an electronic version of the comprehensive final report. 5 PROJECT MILESTONES: Agenda Item No. 16C6 September 13. 2005 Page 9 of 11 Start Com Jete.. Month 1 Month 2 Month 3 Month 4 Month 4 Month 6 Month 6 Month 7 Month 7- Month 11 11 Month 11 Month 11 Month 12 Month 12 Month 13 Month 14 Task Ac:tivi 1 Reviewofliterature 2 Schedule Meetin with Partners &Stakeholders 3 Prepare and submit the educational materials & the multi-media compliance assistance visit form for approval by all partners & ro ss r rt 4 Conduct the outreach educational campaign (TV IN ews Paper/Seminars for the public& stakeholders for six month for NSP prevention & ss r ort. 5 Conduct the multimedia compliance assistance visit before the campaign and follow up after the campaign (4 Months) for the olf courses ro ess r ort. 6 Develop and install the Certification of Recognition Incentive Pro (CRIP) for olf course. 7 Submit Final Report/5 hard copies and an electronic version & educational materials for olf courses. 8 Prepare and submit the educational materials & the multi-media compliance assistance visit form for agriculture: citruslCl' slran e/ nurs 9 Conduct the outreach educational campaign (fVINews Month 15 Month 20 Paper/Seminars for the public& stakeholders for six month for NSP revention (a . culture & ro ess r ort. 10 Conduct the multimedia compliance assistance visit before the Month 14 Month 22 campaign and follow up after the campaign (4 Months) for a . culture CI' slcitruslran e/nurs & 0 ss r rt. 11 Develop and install the Certification of Recognition Incentive Month 23 Month 23 Program (GRIP) for agriculture. 12 Submit Final Report /5 hard copies and an electronic version & Month 23 Month 24 educational materials for agriculture. 13 Prepare and submit the educational materials & the multi-media Month 25 Month 27 compliance assistance visit form for the commercial & industrial facilities (carpet and car wash facilities, swimming pool services, auto RJ clers'unk ards, and arkin Lots. 14 Conduct the outreach educational campaign (fV/RadiolNews Month 28 Month 29 Paper/Seminars for the public& stakeholders for six month for NSP (industrial & commercial facilities) & progress report. 15 Conduct the multimedia compliance assistance visit before the Month 30 Month 35 campaign and follow up after the campaign (6 Months) for industrial & commercial facilities. 16 Develop and install the Certification of Recognition Incentive Month 35 Month 36 Program (GRIP) for industrial & commercial facilities. Submit final report /5 hard copies and an electronic version & educational materials PROJECT BUDGET: Project FundingActivity 319 (h) Amount Matching Contribution 6 Match Source · Agenda Item No. 16C6 September 13, 2005 Page 10 of 11 Staff; First Year $00.00 $40,000 Collier County (ScientistlEducator)&Administr ative Assistant! Golf Courses Travel (Year 1, 2, and 3) $6,000 $18,000 Equipments (First Year) $35,000 $0.0 Supplies: (Year I, 2, and 3) $15,000 $0.0 Contractual BMP Implementation (Year 1,2, $15,000 $0.0 and 3) Monitoring Public Education (Year 1, 2, and $45,000 $0.0 3) Staff: $40,000 Collier County Second Year: (Agricultural Facilities) Staff: $40,000 Third Year: Industrial & Commercial Facilities Total: $116,000 $138,000 Collier County Total Project Cost $254,000 Percentage Match: 46% 54% *If a stormwater utility or other dedicated recurring fee is contributing, put that information in the following table, MA TCH SOURCE INFORMATION: Match Source Name Description ERUlFee BUDGET BY TASK: Project Funding Activity 319 (h) Amount Matching Match Source . ContrIbution First Year: Equipment $35,000 0.0 (Computer/Power Point Projector, Cinema Camera Travel (Year 1, 2, 1 and 3) $6,000 $18,000 Collier County Publications &Supplies (Year 1, $30,000 2, and 3) First Year: Staff: Conducting 0.0 $40,000 Collier County Compliance Assistant Visit Golf Courses Outreach Education Campaign& $45,000 0.0 Media (Year 1, 2, and 3) Follow up Compliance Visits Staff: $40,000 Collier County 2nd Year Agricultural Activities Staff: $40,000 Collier County 3rd Year Industrial & Commercial Activities 7 Agenda Hem No. 16C6 September 13. 2005 Page 11 of 11 T ota1: 116,000 138,000 otal Project Cost: 254,000 Percentage Match: 54.3% T OTHER FUNDING (Not Match - such as land acquisition or other federal grants): N/A Aeency .. AetivitY Amount Total: OTHER INFORMATION: If this is a multi-year project, have you requested sufficient funds to complete the project (assuming funds requested herein are provided)? (State yes or nOt and, if nOt provide an explanation): Yes: [gI No: 0 The Lead Organization, as listed on the tint page of tbis formt agrees to comply with all requirements specified in the guidance package and in the federal grant regulations, Checking "no" or "yest except" will cause the project to have a lower ranking than similar projects by lead organizations that agree to the requirements: Yes: [gI No: 0 Yest except: 0 (Note: List exceptions helow,) Exceptions: REFERENCES CITED: EPA 841-F-03-004/Feb.2003), EPA 841-F-03-004lFeb.2003), NOTE: PLEASE SUBMIT ALL APPENDICES IN A SEPARATE WORD DOCUMENT, THIS MAY INCLUDE MAPS. FIGURES OR ANY OTHER INFORMATION YOU WOULD LIKE TO INCLUDE WIm YOUR APPLICATION 8 Agenda Item No. 16C7 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY -- Recommend approval of short-listed firm and award of contract to de la Parte & Gilbert, P,A, for RFP #05-3792 - Fixed Term Utility Specialized Legal Services in the estimated annual amount of $200,000, OBJECTIVE: The public purpose of this award is to retain legal services to assist the County in specialized areas of Florida water law, including acquisition of consumptive use permits and regional water supply planning. CONSIDERATIONS: The County is in need of legal assistance to ensure its interests are promoted and protected in matters under the jurisdiction of the South Florida Water Management District. These interests are most critical in the issuance of water consumptive use permits, and in the preparation of the District's long range water supply plans. The RFP was publicly advertised on April 29, 2005. Notices were sent to 7 firms with 5 vendors requesting full packages. Two responses were received by the due date of May 27, 2005. A Selection Committee meeting was held on July 1, 2005 and after review and discussion, and by consensus of the Selection Committee, the following two firms were short-listed in order: l,de la Parte & Gilbert, P.A. ,-.. 2. Carlton Fields Staff has negotiated and reached agreement with the top ranked firm, de la Parte & Gilbert, P.A., and recommends award of Contract 05-3792 to that firm. The time frame of the contract is for one year from the date of execution, with three one year renewals. Each individual Work Order under the Contract shall not exceed $90,000 unless otherwise approved in writing by the Board of County Commissioners, and the total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000 annually, unless otherwise approve in writing by the Board of County Commissioners of Collier County. The hourly rates under this Contract are: Professional Hourlv Fee Edward de la Parte, Jr. $225.00 Other Shareholders $190.00 Associate Attorneys $150.00 Law Clerks $100.00 Paralegals $ 90.00 ~ i"'-" Agenda Item No. 16C7 September 13, 2005 Page 2 of 3 This fixed term contract for professional services is available for review at the County Manager's office, Building P, and the Public Utilities offices, Building H. This will be made part of the record when considered by the Board. FISCAL IMP ACT: A Budget Amendment is required to remove money out of water user funds (412) reserves. As specific tasks are identified, necessary funds will be made available. The amount to be used from this fund is $200,000. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it will provide planning and permitting consistency between the County and the District. RECOMMENDATION: That the Board of County Commissioners, as ex-officio Governing Board of the Collier County Water/Sewer District; (l) Approve the Contract #05-3792 with the firm of de la Parte & Gilbert, P.A., and (2) Authorize the Chairman to execute a standard County Attorney approved contract.(3) and approve necessary Budget Amendment. Prepared by: Roy B. Anderson, P.E. Director, Public Utilities Engineering Department. Item NUmHt: Item 8u~ry: Melting D..: Agonda Item No. 16C7 September 13, 2005 Page 3 01 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C7 Recommend approv"1 of ahortlis1ed hrm and award of contractlo de la Parte & Gilbert, P.A. fOI RFP #05.Z,792 FIxed Term Uulity Specialized Logal Services In the .sbmated anouel Amount of $200.000. 9/13/2005 9:00:00 AM Purchulng AgCl'nt Dato Approved B" Lyn Wood Administrative Services Purchasing 811012:0059:01 AM Approved B)' OperlltJo"s Director Dot. Thomllll Wides Public: UUlltles Public uul"1es Operatlonl &/11/Z005 2:24 PM Puroh..ing/Gltneral SVCIi mrector Date 8/15/200510;35 AM Apltro\'ed By Steve ClIlrntlll Adminlatrative $Qrvloel PurchaiHng Nancy Br.dley Legnl Secretary 0... Approved By County Attorney CQunty Attorney Office 8118/200511 :05 AM Approved 8)' Davtd C. WeIgel County Attorney Approved By J.mu W. Oelany Public Utilities County Attorney Dote 1(18J2005 11:00 AM County Attorney Offlc. Publio utllltles: Adm~nlwlltor 0... 6/16120052:00 PM PubUc UtilltiM Adminlz1rlltlon OMS Coordinator Admlnj.tr~tiv& Aufstam Date Apl)roved B)I County Manager'. OfficI'; Office 01 Manauwm.,"t & Budget 813112005 1:54 PM Approved By Susan U.her County Manager'. 0ffI0C'I Sltnfor Management/Budget Analyst Dote Offic:. of Management & Bud~ 8/31120051:57 PM AplJroved By Mfr:hael Smykowtlkl County MM.". Office Mftnagernerrt & Budgot Director Office of Man.gtllment & Budgmt Date 6/31120063:07 PM County Man.ogor 0... Approved By J.mes V. Mudd Board or County Commissioners County Mlln.ag.r'1 Office 8/31/20053:36 PM ."'- ,- Agenda Item No. 16C8 September 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve funds not to exceed $2,500,00 for a public event to commemorate the fmal completion and commissioning of the South County Water Reclamation Facility 16 million gallons per day Expansion Project, 73949. OBJECTIVE: To host a public dedication ceremony to commemorate the final completion of the South County Water Reclamation Facility (SCWRF) 16-MGD Expansion Project The public purpose is to promote and engender good will toward the activities, services and project of the County and to enhance the image of County Government within the community. CONSIDERATION: Throughout the construction process, the County has engaged neighboring residents, homeowner and civic groups, and other stakeholders to complete the Expansion Project in a manner that ensures the facility remain respectful of the needs of abutting and surrounding neighborhoods for a safe, clean and non-disruptive environment. The County's good neighbor policy continues to be a number one priority at the SCWRF. This public event is to commemorate the completion of the Expansion Project, and will be used as a tool to communicate to project stakeholders and the media, the successful completion of this showcase facility that will meet the growing demand for wastewater service in the South Service Area for decades, The event will also serve to reinforce the County's commitment to being a good neighbor by showcasing neighbor-sensitive construction practices incorporated into the Project by the Project Delivery Team, including responsible traffic flow management in and out of the Project facility, responsible road paving and maintenance designed to contain dust, substantial odor contro~ noise dampening, low nighttime lighting levels, containment of rainfall runoff, and privacy-enhancing landscape plantings to visually conceal the Project. The pwpose of the attached Resolution is to approve expenditures to be incurred for the September 29, 2005, public dedication ceremony to promote and positively influence the public's perception and acceptance of the SCWRF as a desirable neighbor, Costs may include rental of a tent, chairs, podium, lectern, easels, and refreshments such as coffee, fruit, Danish pastries, donuts, utensils, paper products, tablecloths and commemorative tokens for distribution to the Project Delivery Team and other involved individuals. FISCAL IMP ACT: Funds in an amount not to exceed $2,500.00 are available in the FY05 budget for Project 73949, included in the FY05 Capital Budget for the Wastewater User Fees (Fund 414) approved by the Board on September 23,2004. GROWTH MANAGEMENT IMP ACT: The project is included in and consistent with the 2003 Wastewater Master Plan Update adopted by the Board on May 25, 2004, Agenda Item lOC. RECOMMENDATION: That the Board of County Commissioners, as the ex-officio Governing Board of the Collier County Water Sewer District, adopt the attached Resolution to approve these expenditures in an amount not to exceed $2,500.00 and to affirm that these expenditures serve a valid public pwpose. PREPARED BY: Margie Hapke, Public Information Coordinator, Public Utilities Division ttem Number: It 1m SumrNlry: MMllng D.: Agenda Item No, 16GB September 1~, 2005 Page 2 01 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lses Recommendalion 10 apprO\l8 fundi not to excee-d $2,500.00 fOI II public Hllant 10 commttlnorate the final completion end commiaslonlng of the South County Water Reclamation Flcility 16.MGD Exptm,ion Project, Project 739"9 9/13/20059:00:00 AM Doll> Approved By Thorn" Wide, Public Utllltie, OperlltlDn& Director Public Utilities Operations 819J2005 11:47 AM Dote Approved By William O. MulUn, PE Public Utllnlel Prlnoip.1 Project Manager Public utUltiee. Engineering 81'iJf2005 3:13 PM Interim WitlteWater Director 0... 819120054:37 PM Approved B,.. G. GfIorge Yllmaz Public Utllltln W....eWater Project Manager D... Appro\'ed B)' Allcio Abbott, E.l. Public Utllltlms Public UUlltlol EnglnlMtling 81912006.4:" PM 0... Approved B)' Roy B. Anderton, P.E. Public Utllltlu Public;; lJtilhlet Enginoerlng Dirwctor Public UtIIltin Engine.,.ng &/12120056:32 AM Apprond By James W. DeLony Publle UUll\ln Publio Utilltl.. Admlnlltrltor Dot. Publle Utillti.. Adminllnratton 8/16/200510:01 AM OMS Coordinll'lD' Admjni.trotiv.A..I.~nt 0... Ar1proved B" CDunt)l MIlf"I98"& 01'1'10. Offict:l of Managt'lment & Bud~ 8/1612005 3:56 PM Suun U.h.r Dote Approved By County Mllnager'M- Office Senior MtmagementlBudpet Analylilt Offico 0' M.n.gellltlnt & Budget 81171200{i 10:52 AM Approved B)' Michael Smykowakl County Mana9ll'r" Ottloe MJlnagemon1 & Budget Director Offlce 01 Menagllmmnt So Budget Dolo 811812005 15:04 PM Otl'puty County Man.gor Do1. Approved By LCD E. Ochs, Jr. Board of County Commhllionera County M.llOoger'iIl OffIctl 8123/2005 12:11 '~M Agenda Item No, 16C8 September 13, 2005 Page 3 of 4 RESOLUTION NO. 2005 - _ A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF COLLmR COUNTY, FLORIDA, APPROVING THE EXPENDITURE OF COUNTY FUNDS FOR AN ONSITE PUBLIC EVENT TO COMMEMORATE THE FINAL COMPLETION AND COMMISSIONING OF THE SOUTH COUNTY WATER RECLAMATION FACILITY SIXTEEN MILLION GALLON PER DA Y EXPANSION PROJECT WHEREAS, the Collier County Water-Sewer District received its notice to proceed with the final phase of the South County Water Reclamation Facility sixteen million gallons per day Expansion Project following issuance of its permit from the Florida Department of Environmental Protection; and WHEREAS, the Project will enable the plant to handle an eventual maximum-monthly peak season flow of 16 million gallons per day; which flows may be reached as early as 2014; and WHEREAS, throughout the construction process, applying the County's good neighbor policy, the County has engaged neighboring residents, homeowner, civic groups, and other stakeholders to complete the Expansion Project in a manner that ensures the facility remains respectful of the needs of abutting and surrounding neighborhoods and to the greatest extent possible maintains a safe, clean and non-disruptive environment; and WHEREAS, Collier County Ordinance No. 87-5 allows expenditure of County funds to enhance County employee productivity, and recognizes that promotion and engendering of good will toward Collier County is an important factor affecting the pride of County employees in their work; and WHEREAS, this event will promote and positively influence the public's perception and acceptance of the Project, and accomplishment of these goals will benefit the residents of Collier County by providing more efficient and responsible local government to serve the needs of the community. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. This public event is to commemorate the completion of this Expansion Project and to communicate to Project stakeholders and to the media, successful completion of this showcase facility that for decades will meet the growing demand for wastewater service in the South Service Area. 2. This public event will also serve to reinforce the County's commitment to being a good neighbor by showcasing these portions of the Project and the Project Delivery Team's practices and procedures that result in responsible traffic flow 1 Agenda Item No. 16C8 September 13, 2005 Page 4 of 4 management, road paving and maintenance to maximize containment of dust, to control odors, to dampen resulting noise levels, to maintain low nighttime lighting levels, to contain rainfall runoff, and to provide privacy-enhancing landscape plantings to maximize visual concealment of this Project from surrounding land. 3. The Board of County Commissioners detennines that these expenditures in an amount not to exceed $2,500.00 serve a valid public purpose and are approved. TIllS RESOLUTION ADOPTED AFrER MOTION, SECOND AND MAJORITY VOTE FA VORlNG ADOPTION THIS 13TH DAY OF SEPTEMBER 2005. DATED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIOm E. BROCK, CLERK BY: FRED W. COYLE, CHAIRMAN BY: Deputy Clerk Approved as to form and legal sufficiency. =-=r9~ ~~~ Thomas C. Palmer, Assistant County Attorney 2 Agenda Item No. 16C9 September 13, 2005 Page 1 of 50 EXECUTIVE SUMMARY Recommendation to approve the after-the-fact submittal of the attached Alternative Water Supply grant application under Senate Bill 444 to the South Florida Water Management District for each project in Public Utilities Engineering Division's Construction Capital Alternative Water Supply Program, OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners to submit the Alternative Water Supply Funding grant application under Senate Bill 444 (SB 444) to the South Florida Water Management District (SFWMD) to fund projects in the Public Utilities Engineering Division's (PUED) Construction Capital Alternative Water Supply Program. CONSIDERATIONS: SB 444 was passed in the 2005 legislative session to provide grant money through the water management districts. The SFWMD distributed criterion and application forms on August 5, 2005. The applications are due to SWFMD September 2,2005. The PUED has contracted Camp Dresser & McKee Inc. (CDM) to submit applications for 17 of the County's projects under the Alternative Water Supply Program. SFWMD has a total of $36 million to distribute to selected utilities for projects in a 40 percent match (the utility provides the remaining 60 percent of funding). The program operates on a reimbursement basis, with invoicing dates April I, 2006 and August I, 2006. The selection of projects to receive grant funding will occur at the Water Resources Advisory Committee of the SFWMD Meeting on October 6,2005. ,"'- The main criteria of the selection process are that entire project or a project phase will be constructed by August 1,2006. The project must fit the requirements of being an alternative water supply project, i.e. sea water, brackish water, reclaimed water. Only construction costs will be reimbursed, there is no funding for permitting, design, or engineering services. The grants applications were reviewed by the Grants Coordinator for concurrency. The scheduled activities pertaining to the submission of these grant applications have or will have occurred. The dates of the activities are outlined below: August 5, 2005 August 8 - 30, 2005 August 30, 2005 September 1, 2005 September 2, 2005 Kick-off meeting with CDM; Attended SFWMD workshop Completed Applications County Manager approval and signing of applications Submit applications to SFWMD Deadline for submittal of applications Attached Table A contains candidate projects, descriptions, the construction costs associated with the projects and the amounts eligible for funding. FISCAL IMPACT: The SFWMD has $36 million available to distribute to 16 counties that fall ,- within their jurisdiction. The best case scenario for receipt of the maximum available funding would be $14.5 million and the remaining 60 percent match ($21.8 million) would be the responsibility of the County. The 60 percent can be comprised of other federal, state, or local funds. - Agenda Item No. 16C9 September 13, 2005 Page 2 of 50 GROWTH MANAGEMENT IMPACT: The numbered projects in Table A are those listed as part of the capital potable water projects in the Growth Management Plan (Capital Improvement Element 20). In addition the Pelican Bay Waste Water Treatment Plant Decommissioning and Conversion to Reclaimed Water Storage and Repump is listed in CIE 22 as a capital sewer project in the Growth Management Plan. In addition the alternative water supply projects are in congruency with Objective 1.1 of the Potable Water Sub-Element of the Growth Management Plan, "The County will locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan." All of the water projects identified in the attached table are to ensure adequate supply for future demand. Objective 1.4 in the Wastewater Sub-element of the Growth Management Plan states, "The County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound disposal method and to conserve potable water and groundwater supplies by developing and implementing an integrated, comprehensive strategy for the following Policies." All of the reclaimed water projects that have been identified in the attached table have the common goal to provide additional reclaimed water storage, and in-turn, additional reclaimed water service to the County's utility customers. These projects will both minimize environmental impacts through the minimization of disposal as well as supply an alternate source to potable water. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District provide after-the-fact approval to submit the Alternative Water Supply grant applications under Senate Bill 444 to the South Florida Water Management District to fund the each individual project in Public Utilities Engineering Division's Construction Capital Improvement Projects for the Alternative Water Supply Program. PREPARED BY: Richard Cannyn, PMP, Project Manager for Public Utilities Engineering Division of Collier County. 2 Item Number: Item &umrr.ry: Moetlng D.: Agenda Item No 16C9 September 13. 2005 Page 3 of 50 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C9 Recommendation to approve thee after.,the-facf lIubmfttal of the .tter.hftd Allernal:lve VV'lItflr Supply grant application under Senele BIll 444 to the South FlorIda Waler Management Di8trJct for each project In Public Utilities Engineering Divillionc. Constnlctton Capital Alternati.....e Water SuPI)ly Program. 9113120059:00:00 AM Date Prop.red By Richard Cannyn Public UtlUtlCl ProjlLlct ~n.~r Public UtUltkl. EnglOfKtrl~ 8/111200510;08:09 AM Oate Approved By Steve CarOl!lIl AdIYllnictr.tivll'fi<<lo'vlool Purcluiia;ingltkneral 5vc$ Director Purchasing 112612005 9:56 AM MarkllnC!l J. Foord Grant>> Coordinator 0... 8/2612005 3;37 PM Approved Bj' Adminltirftivf1 5.".....lc.. AdmlnlatratJyo SorviCtllll Admin ^IJproved B" William D. Mullin, PE Public Utllitleli Principal Projelct Man.g.r o.te Publio Utllttlee Engineering 81iQl2005 8:28 AM Wmr Director Dote Apprond By Paul Mlllttauach Public UlI1ttles Water a12912005 6:31 PM OperaUon. Oh(tCtor O.te Approved By Tnotnlla Wide. Public utllltleM PubUc UtlHtln Operatlon5 8130/.200511:58 AM Public UUIIHc>> Engll"lllMtrlng Director 0". Appro\'ed B)' Roy e. Anderson, P.E. Public UtllitlOt: Public UtUltle. E"g'ln~rlng 8/:)0/2:00& 4:51 PM Public Utilities Admlnl'trltQr Oat. Approved By James W. DeLony Public Utilities Public Utillti.. Admlnl<<tr.tlon &/31120068:33 AM Adminlatrat!v& A5si..nt 0... Approved By OMS Coordinator CDunty Manager's Offioe OffIce or Marcagllmttnt & Budget 6131(200510:23 AM SenIor Man.gomontf9udget Analyst Ollte Apllroved By Sunn Usher County MM.ger's Offioe Office Q1 Management & Budget 91G/ZD05 12:46 PM Management &. Budget Director 0... 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"(ij Cll III [l) 'E c E ~ 0 ~ ~ I 0..0 ;} Administrative Services Division Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 marlenefoord@collien?:ov,net (239) 774-8971 (239) 774.8720 (fax) Agenda Item No. 16C9 September 13, 2005 Page 5 of 50 CC: Richard Cannyn, Project Manager, PUED Count,t Mapag,;!:. ~~/f.2.!, (date) After-the-Fact Approval by the BCC is reql1ired at the Seotember 13.2005 BCC meeting. TO: Jim Mudd, County Manager FROM: Marlene Foord, Grants Coordinator DATE: August 29,2005 SUBJECT: County Manager Approval of Public Utilities Applications to South Florida Water Management District for SB 444 Funding/Alternative Water Supply Funding'Program On June 24th, the Governor authorized a new program (Senate Bill 444) to provide grant money through the water management districts. Following authorization of the new program, the South Florida Water Management District (SFWMD) notified Collier County thallhe three Alternative Water Supply grants submitted in April were rejected because the criteria for the program was expected to change significantly, The new criteria was subsequently distributed on August 5, 2005 and applications are due to SWFMD September 2, 2005. As a result of the quick turnaround time and the lack of an August meeting, Public Utilities Engineering was not able to submit the applications to the Board of County Commissioners for approval prior to submittal. Therefore, your review and approval is requested and after-the-fact approval will be requested of the Board of County Commissioners during the September 13th meeting. Your signature is required on the Acknowledge Page (lust page of each package), which also requires that your signature be notarized. Mary Beck of Administrative Services and Lori OHvier of Public Utilities Engineering have both offered to serve as notary for these pages. Once you have reviewed and signed all applications, please sign and date in the box above and call Richard Cannyn at 530-6278 or myself at 774.8971 for pickup, Please let me know if you have any questions, Agenda Item No. 16C9 September 13, 2005 Collier Counly Pubfic UtiJ~ge 6 of 50 Davis Boulevard to Radio Road Reclnimed Water Main South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally a~a~. ("Authorized Representative of the project owner) this da being duly sworn, as required by law. hereby acknowledges: 1) The statements contained in this project information package are true. correct and complete to the best of hisJher knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3) The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this ~\~ day of r:Lbrdar:) , in the year :2.005 , 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2006 and further understands that if construction is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alterna~ water supply funding for fiscal year 2006. STATEOF J~ COUNTY OF &~ ~ \/ ;!1ut/..P Print Name 1T ~ SWORN TO and subscribed before me 3lJ day of , 2005. Such person(s) (Notary Public must check applicable box): lfJ.ls;are personally known to me, r j produced a current driver Iicense(s). [ ] produced as identification: ~ C~ ~ Public (NOTARY PUBLIC SEAL) Page 10 of 10 Agenda Item No. 16C9 September 13, 2005 Collier Coun!y Pubrlt Ullllfirtlge 7 of 50 12'" AvcnucTlIIllIsmllnlcrconncol South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Beta", me, the undersigned authority, personelly ~d, ~~ htu i.J.. . ("Authorized Representative of the project owner) this .d. ..' . 2005. who,flrat being duly sworn. as required by law, hereby acknowledges: 1) The statements contained in this project Information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations oontained herein. 2) The undersigned represents that the desoribed phase of this oonstruotion project will be oompleted on or before August 1, 2006, 3) The undersigned represents that th. prolect owner Intends tob$gln construction Qf the a1tematlve watersupply project by this l~ day of A~~~~ I in the year ~5 , 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and Invoiced by August 1, 2006 and further understands that if construction Is not completed by August 1, 2006. the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006. STATE OF dk;jJ~ COUNTYOF ~j~....v ~ ~...t:.$ v.' ,Ai t.l.l?Y Print Name SWORN TO end subscribed before me.;3.:) ~ day ~, 2005. ~Ch person(s) (Notary. Public must check applloable box): slare personally known to me. 1 produced a current driver license(s). [l produced as identification: ~~'~ .. N9 Pub~ (NOTARY PUBLIC SEAL) Page 11 of 11 Agenda Item No. 16C9 September 13, 2005 Collier County Public Uti~e 8 of 50 Soutn East Regional Water Treatment Plllnt (SBRWfP) Wellfield Study, Land Acquisition, and Construction South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appeared, ("Authorized Representative of the project owner) this 3i!l"tf d being duly sworn, as required by law, hereby acknowledges: 1) The statements contained in this project information package are true, correct and complete to the best of hlslher knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006, 3) The undersigned represents t~t the project owner intends to begin construction of the alternative water supply project by this \ day of . 'x:,..,..uo.y ,in the year 2.bl~ . 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2006 and further understands that if construction is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006. STATE OF ~-/ ~ f)-LJ COUNTVOF ~ ~e~ l/.' /fj(..( v,?/ Print Name u ~ SWORN TO and ,ubsoribod before mo ,:'It> day of ,.,. if a.....I,'" 2005. Such person{s) (Notary Public must check applicable box): WJs/are personally known to me. t j produced a current driver license(s). [ ] produced as Identification: (NOTARY PUBLIC SEAL) )X ? 4;~ ~ Public Page 11 of 11 Agenda Item No. 16C9 . Seotember 13, 2005 ColberCounty Public Utih~~ e 9 of 50 North EllSt Regional Water Trelltment Pllnt (NERWTP) Construcilon 9 South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally ~~ed, ("Authorized Representative of the project owner) this d being duly sworn, as required by law, hereby acknowledges: 1) The statements contained in this project information pacl<age are true, oorrect and complete to the best of hislher knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3) The undersigned represents that the project owner Intends to begin construction of the alternative water supply project by this \~"IP day of j~\, , in the year ~OO~, 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and Invoiced by August 1, 2006 and further understands that If construction Is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006. STATEOF dt.l~~~j /b. /111' \ COUNTY OF ~ -,/ ~"""?!4':50 Print Name V "<tU'l/~ t ~ SWORN TO and subscribed before me ~tJ day 0 , 2005. Such person(s) (Notary Public must check applicable box)' ~is/are personally known to me. [ I produced a current driver Iicense(s). [ J produced as identification: ~,\""~Wil'"" MAIN E. BECK I,t ~~\ Notary Public . State of Florida {. · : '~Mr'CammIIlIanElqWs~22,2IDl ~~ ;/{i Commlallon" 00302690 " I ':lb~'" IIondedtvNallonaINotaryAlln. ~?k.l- . N y Public (NOTARY PUBLIC SEAL) Page 11 of 11 Agenda Item No. 16C9 September 13, 2005 Collier Couoty Public U~5e 1 0 of 50 South County Regional Water Treatment Plant (SCR W'l'Pj 12-MGD Revmc Osmosis Expansion South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appea~,' ("Authorized Representative of the project owner) this ~ d ~ being duly sworn, as required by law, hereby acknowledges: 1) The statements contained in this project information paokage are true, oorrect and complete to the best of hislher knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3) The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this ':}1le- day of ~< ,in the year J-t:6!5 . 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2006 and further understands that if construction is not completed by August 1. 2006, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006. STATEOF dk;i." ~ COUNTY OF (?,/b~~ Q,~~~ ~~.,~ Print Name 1I ~"(..a7<.? SWORN TO and subscribed before me SP'~e W day Of~ 2005. Such person(s) (Notary Public must check applicable bOXO Ws/are personally known to me. n produced a current driver license(s). [ ] produced as identification: (NOTARY PUBLIC SEAL) ~~~/ "..\~:J.!~"'~"'''~ MARY E~ BECK ~." t.... Notary PublIc. Slale 01 Florida [,. :'\~~22.2CD \~~ ~l Commllllon II OD30269O "tT" .:.,~'" IondIcl BvNallonal NoIarvAlln. Page 12 of 12 Agenda Item No. 16C9 September 13, 2005 Collier County PubliC Uti~e 11 of 50 North County Regional Water Treatment Plant (NCRWfP'j New Hawthorn Zone 1 and Lower Hawthorn South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally ~ar:.ed, ("Authorized Representative of the project owner) this 4 being duly sworn, as required by law, hereby acknowledges: 0 1) The statements contained In this project Information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3) The undersigned represents flat the project owner intends to begin construction of the alternative water supply project by this 1-+ dayofl\ .w,e..N..C1r. In the year ~OO~ . 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and Invoiced by August 1. 2006 and further understands that jf construction is not completed by August 1. 2006, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006, STATEOF d~ COUNTY OF t?~ ~e-s ..; At ~.t.V PrInt Name 'It ~ SWORN TO and subscribed before me ~tJ day of I 2005. Such person(s) (Notary Public must check applicable box): ~Is/are personally known to me, [] produced a current driver Iicense(s). [ ] produced as identification: 2~pu~ k-v (NOTARY PUBLIC SEAL) Page 11 of 11 Agenda Item No. 16C9 September 13, 2005 Collier County Public UGlIIige 12 of 50 North County Regional Water Treatment Plant (NCRWfP) HI gll Pressure RO Construction South Florida Water Management District FV 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appeattd, ("Authorized Representative of the project owner) this 3" being duly sworn, as required by law, hereby acknowledges: 1) The statements contained in this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project wlll be completed on or before August 1, 2006. 3) The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this (p~ day of Oe\-o\Dll'i' . in the year "Z.J:Jo~. 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1. 2006 and further understands that if construction is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind altern~~ water. s~ply funding for fiscal year 2006. STATEOF~ COUNTY OF ~ t ~~.J.J ~.!!'S V Atvvv Print Name It'~ SWORN TO and subscribed before me 3lJ day of , 2005. ~}Jch person(s) (Notary Public must check applicable box): Ws/are personally known to me. l] produced a current driver Iicense(s). l ] produced as identification: (NOTARY PUBLIC SEAL) ~~b~ ,...~:.;!~I~""" MARY E. BfCK l~. ~~\ Notary PublIc . Stale or FIo....- .. . "lA, 'IUU ~~ ~' .g'.'1Cot..l......I&,:liIes~22. 2aJl .,....~ .. ~i' Commission if 00302690 · .". IondedlyNalionalNolarvAlln. Page 11 of 11 Agenda Item No. 16C9 September 13, 2005 . Collier County Public U~!fe 1 3 of 50 Hawlhom Zone 1 Well Nos. RO,114N, RQ..IISN, and RO-116N South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally ~~~d, . ("Authorized Representative of the project owner) this day f being duly sworn, as required by law. hereby acknowledges: 1) The statements contained In this project information package are true, correct and complete to the best of hislher knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the descrIbed phase of this construction project wlll be completed on or before August 1, 2006. 3) The undersigned represents that the project owner Intends to begin construction of the alternative water supply project by this 11th. day of ~':3t ~ ,in the year ";)..005'. 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2006 and further understands that if construction Is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006. STATEOF d~ COUNTY OF ~ ;;;;ilfA'~ \!. It'! uvO Print Name SWORN TO and subscrlbod boforo mo .J" tL doy of ~ 2005. Such person(s) (Notary Public must check applicable box): D4. is/are personally known to me. l] produced a current driver Iicense(s). [ ] produced as Identification: .' t'''~'.I'''", MARY E. BECK '" ~\~ ~Ic . state Of. FlorIdo , '~&pNa/4:X22.2OJI "tJ CclrnMIIIlon , 00302690 !:ll IondidlyNalc:lnaC NobyAlln, ~!~ ary Public (NOTARY PUBLIC SEAL) Page 12 of 12 Agenda Item No. 16C9 September 13, 2005 Collier County Public Utpl~e 14 of 50 Nonh Bast Regional Waler Treatment Plant (NER WTP1 Wellfield Bxpansion South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appe~d, ("Authorized Representative of the project owner) this f3t; da 0 being duly sworn, as required by Jaw, hereby acknowledges: 1) The statements contained In this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3) The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this q~ day of ~?,"', I , in the year ~oo(, . 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2006 and further understands that jf construction is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006. STATE OF Jk~ COUNTY OF ~ U~ ~..:S Print Name 1/ .J<~u'v~ rt ~ SWORN TO and subscribed before me ca tJ day 0 . 2005. Such person(s) (Notary Public must check applicable box) f)4.islare personally known to me. [ ] produced a current driver Iicense(s). [ J produced as identification: (NOTARV PUBLIC SEAL) ~3 <t/&eL o ry Public "":i!!'~",,, MARy E SECK I'JJ~ '" Nota . :. . .\u _ ty Public . Slate 0' Florida l:I · rnrCt:lrnrnattn~~22 2tnI ~'! ~~ Commlaslon (I D0302690 I, 1~"IlondedIy___ '--.-IUI NotOlV Alan. Page 11 of 11 Agenda Item No. 16C9 September 13, 2005 Collier County Public U~e 15 of 50 Hawthorn Zone I Wells NO$. RO. I 0 I N and RO- i o~ South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally a';~d, ("Authorized Representative of the project owner) this being duly sworn, as required by law, hereby acknowledges: 1) The statements contained In this project Information package are true, correct and complete to the best of hlslher knowledge and that the undersigned has the authority from the project owner to make the . representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3) The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this ,"\~ day of f(\a.~ ,in the year f).ooS . 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2006 and further understands that If construction is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006, STATE OF d~ COUNTY OF t!~ <=2~ ~...-7~~ Print Name \! 4uvv SWORN TO and subscribed before me :3t; tt. day Of~, 2005. Such person(s) (Notary Public must check applicable bOX)() ~ is/are personally known to me. l] produced a current driver license(s). [ ] produced as Identification: - 71:;Jll~ (NOTARY PUBLIC SEAL) ~~'''~~".~ MARY E. BECK /~m~~ Notary PublIc . Stale of Florldo \: ,'iM(Ccr..'*'IoItetphJsApr22.2lnI ,'~ ~i CommlUlon fI 00302090 , ", ",~,<, IondIdIyNallonalNotarvAa.sn. Page 10 of 10 Agenda Item No. 16C9 September 13, 2005 Collier County Public Ulpl~e 16 of 50 Manu lee Road ASR Bxpansion South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally a~atBd, ("Authorized Representative of the project owner) this '4 d being duly sworn, as required by law, hereby acknowledges: 1) The statements contained in this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3} The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this \ g. day of.) l.J\'~ ' in the year ?C(')~. 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2006 and further understands that if construction is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alternative wate~ s}?ply funding for fiscal year 2006. STATE OF J~~ COUNTYOF ~Jj)~ ~,...,.tff$ Print Name V A'rt-t:vV SWORN TO and subscribed before me ~ lJ 6. day Of~2005. Such person(s) (Notary Public must check applicable bOXO Ws/are personally known to me. n produced a current driver Iicense(s). [ ] produced as identification: (NOTARY PUBLIC SEAL) /1.LtrE~ No Public ,..lIN',., MARY e, BECK t~m'\~Y p~;. Notary Public. Slaleor ftondo ~.: : 'gM,oCol,.,IIaIo..&pesApr22.2a \1", .,jJf.>"l Commission" 00302690 "'/i..,,~~'" Ilonded IyNallonat NoIary Alan. Page 11 of 11 Agenda Item No. 16C9 Seotember 13, 2005 Collier County Publlc Ul~e 1 7 of 50 Lower Hawtbom Wells Nos. RO-IBN, RO-19N. and RO~2~ South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally ~;ated, . ("Authorized Representatlve of the project owner) this l:.o d y,f being duly sworn, as required by law, hereby acknowledges: 1) The statements contained in this project Information package are true, correct and complete to the best of hlslher knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3) The undersigned represents that the project owner Intends to begin construction of the alternative water supply project by this \51" day of Sa~P( ,in the year , f"n[; . 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and Invoiced by August 1, 2006 and further understands that if construction is not completed by August 1. 2006, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006. STATE OF J'~;~ COUNTY OF ~~ _ -W- :t~':> V ~t< VV Print Name *" ~ SWORN TO and subscribed before me ~ 0 day of , 2005. Such person(s) (Notary Public must check applicable box): r>{is/are personally known to me. n produced a current driver Iicense(s). [ 1 produced as identification: ~~!dUL No ry Public (NOTARY PUBLIC SEAL) Page 11 of 11 Agenda Item No. 16C9 . Seotemoer 13 2005 Collier CountyPubllc Ut~.i. 18 f Hawthorn Zone I Wells Nos. RO-I09N and Ro-I I~e 0 50 South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally a'3e~~, ("Authorized Representative of the project owner) this da being duly sworn, as required by law, hereby acknowledges: 1) The statements contained in this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3) The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this ~ ~.!:),. day of Fe.b r v.c~. in the year ~ 00'1- . 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2006 and further understands that if construction is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alternati e water supply funding for fiscal year 2006. STATE OF COUNTY OF ~:=. v' .;tyc;n,;?~ Print Name SWORN TO and subscribed before me 364 day Of~, 2005. mCh person(s) (Notary Public must check applicable bOX~ is/are personally known to me. 1 produced a current driver license(s). [ ] produced as identification: (NOTARY PUBLIC SEAL) )~~ /~ No Public ...\~~~~I~~~/," MARY E. BECK t~.. Notary Public . Slale of Florida :' . : . iMyCotnrnll.lmElq::iielArv22, .......... ';~ , 41: 'iti "..,. 6WUV "'-{X..... 'ft...~~ Commwlon # 00302690 "/itl'\' Ionc:Ied Iv NatqlCJI Nok:rv Alan. Page 11 of 11 Agenda Item No. 16C9 September 13, 2005 Collier Counly Public UfliSEfe 19 of 50 NCRWI'PWclls Nos. RO-I18N, RO-1l9N, and RO-120N South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally a~~d, ("Authorized Representative of the project owner> this day being duly sworn, as required by law, hereby acknowledges: 1) The statements contained in this project information package are true, correct and oomplete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the desoribed phase of this construction project will be completed on or before August 1 , 2006. 3) The undersigned represents th\l~ the project owner intends to begin construction of the alternative water supply project by this ~~ day of ~t'u ~ ,in the year 2.CO":j.. . 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2006 and further understands that If construction is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alternative water upply funding for fiscal year 2006. STATE OF COUNTY OF .:;;;r;;.",.t!..::> v',I'\'r lot' G2P Print Name SWORN TO and subscribed before me ;5ll ~ dsy Of~~ 2005. Such person(s) (Notary Publio must check applicable box): blis/are personally known to me. n produced a current driver Iicense(s). { J produced as identification: (NOTARY PUBLIC SEAL) ~!kL No }l ublic ,,'~~'J"", MARY e. SECK l~~ ~\ Notary PubIlc . Stale of FIo,rcta t. : . i~f.l<<*es~22.2cm 'O~1. eommlallon # 00302690 ", I Iondtd IV NallonaI Noby AIIn. Page 12 of 12 Agenda Item No. 16C9 C Iii C seD.t~er 13, 2005 o cr oun ty "Pulllic South County Regional WatcrTrealment Plant (SCRWI'P) Wellfield Exp ~\iB 20 of 50 South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appeared, ("Authorized Representative of the project owner) this 3~ tr d being duly sworn, as required by law, hereby acknowledges: 1) The statements contained In this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3) The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this L~ day of ~\'\......nr~ ,in the year .,:)..oor.:. . 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2006 and further understands that if construction is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006. STATEOF J~ COUNTY OF ~J)jJ~ Or~~ By: Project Owner's Representative ~"...".t:..~ Print Name v ~Jl/t/~ SWORN TO and subscribed before me J,LJ f:J day o~ ~ 2005. Such person(s) (Notary Public must check applicable bO~ ).4is/are personally known to me. [ ] produced a current driver Iicense(s). [ ] produced as identification: ~p~kd (NOTARY PUBLIC SEAL) """~""" MARY E. BECK " O!! ~ NoIafy PubIk: . Stale of florlC)() .IMfOlnililllb ,flq:JBAp'22.2W3 Commb6lon # 00302690 Iondtd Iv NaIlonaI NoIafy Assn. Page 11 of 11 Agenda Item No. 16C9 SeRtember 13, 2005 Collier County PuBlic: Ufli5 21 of 50 Pelican Bay WWTP COIIvenion to Rcc:laimiilr Walet Storage and Repump Phase [ South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally a~arf1.' ("Authorized Representative of the project owner) this a 0 being duly sworn, as required by law, hereby acknowledges: 1) The statements contaIned in this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained heretn. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3) The undersigned represents ~t the project owner Intends to bagin construction of the alternative water supply project by this ..2 day of \)a.c. e~/ I in the year ~5. 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2006 and further understands that if construction is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006. STATE OF .. .J~~ COUNTY OF -~ r2 _~ ~~/ ~e.s V .At/AOC;> ""----- ~ect Owner's Repre~t~ Print Name SWORN TO and subscribed before me 30 ~ day o~ 2005. ~ch person(s) (Notary Public must check apprlCable ooV is/are personally known to me. [ produced a current driver license(s). [ 1 produced as Identification: (NOTARY PUBLIC SEAL) )2g:t~ MAllY E. BECK ~NotaIy NJIIc . State o. Florida '. _~22.2a::l8 CornmlIIIon , DOS02690 "'~ 1ondM., NaIclnaI NoIalyAlln. Page 11 of 11 Agenda Item No. 16C9 C Iii C SeDt~b.er 13, 2005 o cr ounl,Y "PiJl1Jjc I!!I~"" 22 f 50 Reclaimed Wate fi:.S'tf' 0 South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally 2G~rfld, ("Authorized Representative of the project owner) this c:t. being duly sworn, as required by law, hereby acknowledges: Ji,~, 2005, who. first 1) The statements contained in this project Information package are true, correct and complete to the best of hislher knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3) The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this \ ~ day of .)a^"'6~ I in the year .::looc.. . 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2006 and further understands that if construction is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006. STATE OF ~.l-,:f-<<-.J COUNTY OF r! d a ';'.JaJ ~~~ ~ /rIt"".J..>Y Print Name SWORN TO and subscribed before me ,3" t- day o~ 2005. MCh person(s) (Notary Public must check applicable box): Is/are personally known to me, J produced a current driver Iicense(s). [) produced as identification: )~0~ No Public (NOTARY PUBLIC SEAL) ~. lU~lJ'", MARY E. BECK "" \ NofaIy P\I:JlIc: . Stal. 01 FIOfldo : . ~CQ,'.'''';~22.2alI i# Commllllon II 00302690 IondIdIvNalanal NobyAlln. Page 12 of 12 Agenda Item No. 16C9 Seo.tember 13, 2005 . Collier County Public U~Fte 23 of 50 Reclaimed Wiler Booster ?limp s'tlllton South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally ~ated, ("Authorized Representative of the project owner> this re- d being duly sworn, as required by law, hereby acknowledges: 1) The statements contained in this project information package are true, correct and complete to the best of hislher knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3) The undersigned represents that the project owner Intends to begin construction of the alternative water supply project by this 12: day of ).."....,;ICI~ . in the year ;1~ ~ . 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and Invoiced by August 1, 2006 and further understands that if construction is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006. STATEOF ~~..4..1 COUNTYOF ~ ~$.5 v' A1t.<'t.:JP Print Name SWORN TO and subscribed before me 31J It day of ~005. Such person(s) (Notary Public must check applicable bOX)U (>lJsfare personally known to me. [ ] produced a current driver license(s). [ ] produced as identification: (NOTARY PUBLIC SEAL) ~r!.lJ.ub ary PUblic - - I ~""'II MNl'I e. BECK ~ I !m~ ... ~~~ Notaty PublIc . Slote of FIoIIdo t. · .~~"P22.m ; ~~ zn CommlNlon" 00302690 ~ '1 . .,~\.. IOndIdtvNatlonalNoklry...... -- Page 11 of 11 Agenda Item No. 16C9 September 13. 2005 Collier Countpft~~ili#t1iO Hawthorn Zone I Wells Nos. RO-IOIN and RO-I02N Alternative Water Supply Funding for FY2006 Project Description 1. Project Background - Hawthorn Zone 1 Wells RO-101N and RO-102N Existing needs for additional water supply, fueled by an extremely high rate of growth, have prompted Collier County to move forward with a comprehensive plan to improve and expand its alternative water supply wellfield system. As part of the comprehensive plan, additional wells are to be installed to meet demand. As discussed in the 2003 Water Master Plan Update, the North Hawthorn Wellfield supplies the required raw water capacity of 11.43 MGD to the North County Regional Water Treatment Plant (NCRWTP) Reverse Osmosis (RO) treatment stream, but increasing salinity in four existing wells has decreased the available alternative water supply for the NCRWTP RO Stream. The existing North Hawthorn Wellfield, which at present consists of sixteen (16) wells (12 usable) drawing from the brackish Lower Hawthorn aquifer, an alternative water source, serves the NCRWTP. To date, approximately 4 million gallons per day (mgd) of alternative water supply capacity has been taken out of prod uction as a result of increased chloride levels in existing RO Wells No. IN, 2N, 3N, and 4N. Proposed additional alternative water supply wells include thirteen wells to be installed as supply wells for the North Hawthorn Wellfield, drawing from a brackish aquifer, an alternative water source, serving the RO treatment process of the NCRWTP. Three of the wells will draw from the Lower Hawthorn aquifer for a total of 3 mgd, and ten ofthe wells will draw from the Hawthorn Zone 1 aquifer for an additional 5 mgd. At the same time, development and use of these new brackish wells will reduce the stress on the conventional fresh groundwater source. The purpose ofthe Hawthorn Zone 1 Well Nos. RO-101N and RO-102N project is to connect the two proposed alternative water supply wells to the existing raw water supply system. This project will help Collier County meet the objectives of its Water Supply Master Plan and the increasing County demand for water. 2. Permits Permit Type Permitting Date Expiration Agency Issued Date Permit to Construct FDEP 17 -Mar- 17-Mar-10 PWS 05 WUP - Permit Mod SFWMD 9-Mar-05 12-Dec-16 No Notice General SFWMD 8-Dec-04 8-Dec-09 ERP Copies of the first five pages of the required permits attached. 3. Contractor Page 2 of 10 Agenda Item No. 16C9 September 13, 2005 Collier Coun1Pft~~el!jO Hawthorn Zone I Wells Nos. RO-lOIN and RO-I02N D.N. Higgins 4. Project Agreements There are no agreements related to this project. 5. Other Items Prior to Construction There are no additional items to be addressed prior to construction. 6. Recommendation from Regional Water Supply Plan Recommendation 2.3: Water Supply Development in the Lower West Coast Water Supply Plan, on page 121. This states: "Local water users and utilities should consider using the Floridan Aquifer System (FAS) to reduce demands on freshwater sources in the LWC Planning Area. Within the LWC Planning Area, the FAS is not influenced by variations in rainfall. Local water users and utilities should consider involving the District in development of their FAS well drilling programs for water supply, ASR and wastewater effluent disposal to collect F AS water quality, water level, and hydrologic information that could be used in predictive analysis and development or refinement of a F AS modeL" Although the Hawthorn Zone 1 aquifer is not part ofthe FAS, in Collier County, it is a brackish raw water (alternative) source. 7. Please address each of the factors as provided in Section 373.1961, Florida Statutes: a. Substantial Environmental Benefits by preventing or limiting adverse water resource impacts? The Hawthorn Zone 1 (an alternative water source) Wells RO-101N and RO-102N project will increase raw water supplies without tapping into the surficial fresh water aquifer system, thereby reducing the negative impacts on wetlands while lowering future demand on fresh water sources. b. How does the project reduce competition for water supplies? The new wells will reduce competition for water supplies by utilizing Hawthorn Zone 1 aquifer water, an alternative water supply, rather than Lower Tamiami Aquifer water. This is consistent with the objectives of the Lower West Coast Water Supply Plan. c. Does the project bring about replacement of traditional sources in order to help implement a minimum flow or level or a reservation? Identify the traditional source being replaced and any minimum flow or level or reservation the alternative source is helping to implement. Explain. This project will reduce the amount of fresh ground water that would be required to be withdrawn from the traditional source to meet demand. Page 3 of 10 Agenda Item No. 16C9 September 13, 2005 Collier Coun1P~~~~O Hawthorn Zone I Wells Nos. RO-lOIN and RO-I02N d. Is the project going to be implemented by a consumptive use permittee that has achieved the targets contained in a goal-based water conservation program approved pursuant to s. 373.227? Describe. At this time no goal based water conservation programs have been established for utilities in the SFWMD. However, Collier County has an extensive water conservation program. The water conservation initiatives currently being implemented by Collier County include: aspects of the land development code, an inverted block rate structure for both potable water, an irrigation ordinance that is more restrictive than the current SFWMD LWC restrictions, and a comprehensive public information program. Strict land development codes have been adopted by the County, including a requirement for construction of a dual distribution system (potable and reclaimed), the use of low-flow plumbing fixtures, and Xeriscape landscaping. The 6-step block structure for potable water encourages customers to use water efficiently. The irrigation ordinance invokes the following year-round restrictions: varying watering days between even and odd address, usage hours from 12:01 AM to 8:00 AM, and no irrigation on Fridays. The comprehensive education program utilizes radio, television, newspaper, utility bill inserts, and public outreach such as school programs, government days, and a senior expo to inform customers to use water more efficiently. e. Describe the quantity of water supplied by the project as compared to its cost. Provide a calculation showing the average annual daily quantity of water supplied by the project divided by the cost of the project. Additional system capacity = 1 MGD Estimated project cost = $1,590,305 Cost = approx. 0.63 gpd/$ 1.00 f. Is the construction and delivery to end users of reuse water a major component? No. This is not a reuse project. g. Is the project going to be implemented by a multijurisdictional water supply entity or regional water supply authority? Show documentation creating the entity. Yes. Within the Water-Sewer District boundary, the existing water service area does not include those areas within the County currently served by the City of Naples, Orange Tree, Golden Gate City, Marco Island Water District, or the area within the Goodland Water Sub-District. Projects to interconnect the Collier County Water-Sewer District distribution system with the City of Marco Island and Naples are ongoing and projected to be complete near the end of 2007. In the future, the water service area will include the Orange Tree Area. Service may also be provided to other areas through bulk sales agreements with other water-sewer districts in the future. The Water-Sewer District Boundary area comprises approximately 240 square miles. This area is bounded on the north by Lee County, on the south by the Marco Island Service Area, on the on the west by the City of Naples Service Area and the Gulf of Mexico, and on the east by the Urban Planning Boundary, including Rural Fringe areas recently added to the Water-Sewer District Boundary. Page 4 of 10 Agenda Item No. 16C9 September 13, 2005 Collier COW1tpl!l~cg:ptilj#f~O Hawthorn Zone 1 Wells Nos. RO-lOIN and RO-I02N h. Is the project part of a plan to implement two or more alternative water supply projects, all of which will be operated to produce water at a uniform rate for the participants in a multijurisdictional water supply entity or regional water supply authority? Describe. Yes. Collier County is implementing a number of alternative water supply projects including the use of brackish water, reverse osmosis, and aquifer storage and recovery. 1. Identify the percentage of project costs to be funded by the water supplier or water user. Collier County will fund 60% of the project costs. J. Provide sufficient information to demonstrate that the project or phase can be completed on or before August 1, 2006. The contract for construction of this project was awarded on April 18, 2005. Notice to proceed was issued on May 24,2005. The wells are expected to be on-line by December 30,2005. See attached schedule. k. Is the project a subsequent phase of an alternative water supply project that is underway? Describe. Has this project received funding from SFWMD in prior years? If so, please provide the contract number for funding. This project is part of the ongoing comprehensive alternative water supply program in Collier County. The program includes development of a minimum of 10 MGD of Hawthorn Zone 1 and Lower Hawthorn supply for associated RO membrane treatment facilities. 1. For local government utilities: Describe whether and in what percentage the utility is transferring water supply system revenues to the local government general fund in excess of reimbursements for services received from the general fund, including direct and indirect costs and legitimate payments in lieu of taxes. Provide a copy of the utility's annual report or other document and indicate where in the report or document it shows the disposition of utility water system revenues. It is the practice in Collier County to treat the Water-Sewer District (District) as a separate Enterprise. In fact, the District was created as an independent district by the State of Florida legislature through a Special Act in the 1970's. As such, the revenues for the District remain in the district for the rate payer's benefit. The only allocations to the General Fund departments (i.e. Information Technology, Facilities, Purchasing, Human Resources, County Manager's office; and, for Payment in Lieu of Property Taxes based on the valuation of the District's r€)al property assets paid to the Tax Assessor). The County's existing and fully expected Bond Covenants state and require that the user revenues of the District be pledged as collateral for the issuances. Essentially, the user fees become trust funds to guarantee repayment of the bonds. Impact fees, due to the fact that they cannot be relied upon as a fluid revenue Page 5 of 10 Agenda Item No. 16C9 September 13, 2005 Collier Coun1PIi~~~O Hawthorn Zone I Wells Nos. RO-101N and RO-I02N stream can only be a secondary pledge against revenue bonds. As a result, with this growth utility, all user revenues are maintained in the Enterprise, and are not released to the General Fund. See the attached excerpt from the 2004 Annual Report. 8. For utilities: Please provide a copy of your rates for wholesale and retail utility customers. Explain how your rates promote water conservation and the use of alternative water supplies in accordance with Section 373. 1961(3)(j), Florida Statutes. Are certain customer groups provided water from distinctly different water sources? If so, do customers using alternative water sources pay a different rate from those customers using traditional sources? The below block rates for water and reclaimed water promote water conservation and the use of alternative water supplies. Different customers are provided water from both brackish and freshwater sources; however, all customers are subject to the same rates identified below. Collier County Water-Sewer District Rates Effective October 2004 Water Service Availability Charges (Residential, Multi-Family, Commercial and Irrigation Only): Meter sizes are shown in inches: 5/8" ~ .1: 1..lli: 1..1Q: 2" ~ ~ 6" [: 1.[: g: $12.60 $12.60 $27.80 $35.20 $53.00 $83.20 $153.80 $254.60 $506.60 $809.00 $1,464.20 $1,977.60 Volume Charge Per 1,000 Gallons (Residential, Multi-Family, Commercial and Irrigation Only): ~ ~ ~ ~ Block 5 $1.54 $2.20 $2.90 $3.70 $4.50 ~ $5.50 Block Rate Structure (Residential, Multi-Family, Commercial and Irrigation Only): Meter Size ~ Block 2 Block 3 Block 4 Block 5 Block 6 5/8" 5,000 10,000 20,000 30,000 50,000 Over 50,000 3/4" 5,000 10,000 20,000 30,000 50,000 Over 50,000 1" 12,000 25,000 50,000 75,000 120,000 Over 120,000 1 1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1 1/2" 25,000 50,000 100,000 150,000 250,000 Over 250,000 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,000 160,000 320,000 480,000 800,000 Over 800,000 4" 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000 6" 250,000 500,000 1,000,000 1,500,000 2,500,000 Over 2,500,000 8" 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000 10" 700,000 1,450,000 2,900,000 4,300,000 7,000,000 Over 7,000,000 12" 1,075,000 2,150,000 4,300,000 6,450,000 11,000,000 Over 11,000,000 The graduated rate system shown above promotes water conservation because the price of water per 1000 gallons increases as different tiers of water use are reached. Page 6 of 10 FOR REUSE PROJECTS: Agenda Item No. 16C9 September 13, 2005 Collier Coun1Pii~~litfcfiO Hawthorn Zone 1 Wells Nos. RO-lOIN and RO-I02N 9. Pursuant to subsection 373.1961(4),f.s., show that reclaimed water use is metered for all uses, and that rate structures are implemented based on actual use of reclaimed water for all uses; and that education programs are in place to inform the public about water issues, water conservation and the importance and proper use of reclaimed water. This is not a reclaimed water project. All reclaimed water use in Collier County is metered for all users. The rate structure used to assess fees is provided below. Collier County Water-Sewer District Reclaimed Water Rates Effective October 2004 . Service Availability Charge Individually Meter Irrigation: 5/8 and 3/4 inch meter 1 inch meter 1 1/2 inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter 10 inch meter 12 inch meter . Volume Charge per 1,000 Gallons (effective October 1,2004): (i) Pressurized and Distributed $0.69 (ii) Pressurized $0.36 (iii) Bulk $0.28 $4.35 per month $10.90 per month $21.75 per month $43.50 per month $87.00 per month $174.00 per month $330.00 per month $600.00 per month $960.00 per month $1,430.00 per month Education programs are in place in Collier County to inform the public about water issues, water conservation and the importance and proper use of reclaimed water. The following are links to some of the materials distributed by Collier County. Water Conservation: http://www.co.collier.fl.us/pud/d/water/ http://www.co.collier.fl.us/pud/d/water/50WavsWaterSmart.htm Reclaimed Water: http://www.colliergov.net/pud/d/wastew/ReclaimedWater.htm For utilities in Palm Beach. Broward. Miami-Dade counties: 10. Please provide the following information in electronic format, such as shape files or - AutoCad. a. Existing and future wastewater service area boundary. b. Existing and proposed reclaimed water distribution lines with size. c. Existing and proposed reclaimed water end users. Page 7 of 10 Agenda Item No. 16C9 September 13, 2005 Collier Countp ~~t30iljJfej;O Hawthorn Zone I Wells Nos. RO-lOIN and RO-102N This project is located in Collier County. 11. Please provide a list and brief description of any other alternative water supply projects you anticipate you may undertake within the next five (5) years. This information is for District planning purposes only. The Water Master Plan adopted by Collier County sets a course to utilize alternative water sources to provide water for the future growth of Collier County. Under the plan use of reclaimed water for irrigation, utilization of potable water ASR and the development of non-traditional water sources are promoted. During FY 2004 4.89 billion gallons of reclaimed water were utilized by the County for irrigation. The 4.89 billions gallons represents 84% of the total wastewater flow. A I MGD potable water ASR was first brought on-line in Collier County in 2000. Since then the ASR has provide reliable operation at an approximate recovery rate of 85%. As a result of the success of the potable water ASR, there are plans to expand the current I MGD ASR to a 5 MGD ASR and to develop an additional 5 MGD ASR. The use of non-traditional water sources, specifically brackish water from the Lower Hawthorn Aquifer, has been implemented by Collier County since 1999. Under the County's current Water Master Plan Update the use of brackish water will be expanded. A list of alternative water supply projects planned by Collier County for the next five years is provided on the next page. Page 8 of 10 Agenda Item No. 16C9 September 13, 2005 Collier Coun1P~~c3*ililfet1)O Hawthorn Zone I Wells Nos. RO-lOIN and RO-t02N ALTERNATIVE WATER SUPPLY PROJECTS PLANNED FOR THE NEXT 5 YEARS Project Description FY FY FY FY FY Beyond 2006 2007 2008 2009 2010 2010 Hawthorn Zone 1 Wells RO-114N, Installation of three new Hawthorn Zone 1 Wells to allow for full reliable production capacity from X RO-115N, and RO-116N (NCRWTP) exlstina plant. Hawthorn Zone 1 Wells RO.1 01 N Installation of two new Hawthorn Zone 1 Wells to allow for full reliable production capacity X and RO.102N (NCRWTP) from existlna alant. Hawthorn Zone 1 Wells RO-109N and Installation of two new Hawthorn Zone 1 Wells to RO-117N (NCRWTP) allow for full reliable production capacity from X existina plant. Manatee Road ASR Expansion Expansion of current 1 MGD ASR to 5 MGD ASR X X to allow for additional use of off peak supply. Lower Hawthorn Wells RO-18N, RO- Inslallation of three new Lower Hawthorn Wells to allow for full reliable production capacity from X X 19N, RO-20N (Mechanical) exlstinn nlant. NCRWTP Wells RO-118N, RO-119N. Installation of three new Hawthorn Zone 1 Wells to allow for full reliable production capacity from X RO-120N exlstino alant. Expansion of current wellfield to provide additional SCRWTP Wellfield Expansion raw water supply for SCRWTP expansion from 8 X X MGD to 20 MGD. NCRWTP High Pressure RO Installation of two 1 MGD high-pressure RO treatment skids in NCRWTP to treat high-salinity X Construction water from existino hiah-salinltv wells. NCRWTP New Hawthorn Zone 1 and Develop test wells to evaluate feasibility of Lower Hawthorn developing the Hawthorn Zone 1 aquifer for X brackish water supply. SERWTP Wellfield Study, Land Develop a fourth water treatment plant that uses Acquisition, and Construction alternative brackish and saline water as the supply X X X source. NERWTP Wellfield Expansion Develop a brackish wellfield to provide raw water X X X supply to the NERWTP. NERWTP Design Develop a 10 MGD water treatment plant to treat X X X brackish water supplies. SCRWTP 12 MGD Expansion Expand plant capacity from 8 MGD to 20 MGD to X X treat brackish water supplies. Reclairned Water Booster Pump Placement of an irrigation water booster pumping station interconnect between north and south X X Station water reclamation facilities. Develop a 1 MGD reclaimed water ASR to allow Reclaimed Water ASR for additional use of off peak supply. Expand the ASR syslem by adding 4 additional wells according X X X X to the desion that has been completed. Interconnect between the Tamiami Wellfield and 12th Ave Tamiami Interconnect the existing Lower Hawthorn Wellfield to allow for a reliable supply to keep the plant operating at full X caaacitv. New reclaimed water line to add flexibility between Davis to Radio Road Reclaimed the North and South reclaimed water service areas Water Main to maximize use of the reclaimed water ASR X system in the North reclaimed water service area. Decommission WWTP and convert a portion of the Pelican Bay Decommissioning facility to expand the onsite reclaimed water storage and pumping facilities. X Bold item identifies project presented in the current grant application. Page 9 of 10 Agenda Item No. 16C9 September 13, 2005 Collier Coun1p~~@ilj#~O Hawthorn Zone I Wells Nos. RO-IOIN and RO-I02N South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appeared, Representative of the project owner) this day of required by law, hereby acknowledges: , ("Authorized , 2005, who, first being duly sworn, as 1) The statements contained in this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2006. 3) The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this day of , in the year 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2006 and further understands that if construction is not completed by August 1, 2006, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2006. STATE OF COUNTY OF By: Project Owner's Representative Print Name SWORN TO and subscribed before me day of ,2005. Such person(s) (Notary Public must check applicable box): [ ] is/are personally known to me. [ ] produced a current driver Iicense(s). [ ] produced as identification: (NOTARY PUBLIC SEAL) Notary Public Page 10 of 10 Agenda Item No. 16C9 September 13, 2005 Page 33 of 50 /- ( Proiect SUmmary Hawthom Zone 1 Wells RO-109N and RO-117N Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Plannine Region Mr, Peter Schalt Proj ect Manager 3301 East Tamiarni Trail, Bldg H Naples, 34112 Address (239) 530-5343 Telephone (239) 530-5378 Fax peterschalt@colliergov.net Email Alternative Water Source: (Check the applicable boxes) [J Seawater 1ZI Brackish water from Hawthorn Zone 1 aquifer [J Sources made available through new storage capacity: [J Aquifer Storage & Recovery (ASR) [J Above ground impoundment [J Reclaimed water r [J Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water Made Available GD StartlFinish Date Cost This Total Total Phase Pro' ect FY06 Pro'ect Start: Start: Plannin $1,735 $9.265 2/28/2007 9/27/2004 $1,735 $9.265 Finish: Finish: Desi n 5/30/2007 5/30/2007 $31,235 $166.775 Construction $0 $1,744,000 Total $34,705 $1,929,305 This Phase Total Pro' ect 1 Brief Proiect Descriotion: The NCRWTP Wells RO-1 09N and RO-117N project consists of the installation of two new Hawthorn Zone 1 Wells to allow for full reliable production capacity from the existing North County Regional Water Treatment Plant. r Page 1 of 11 Agenda Item No. 16C9 September 13, 2005 Page 34 of 50 Proiect SUmmary NCRWTP Wells RO-118N, RO-119N & RO-120N Mr. Peter Schalt Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Project Manager 3301 East Tamiami Trail, Bldg H Naples, 34112 Address (239) 530-5343 Telephone (239) 530-5378 Fax peterschalt@colliergov.net Email Alternative Water Source: (Check the applicable boxes) o Seawater IZI Brackish water from Hawthorn Zone 1 aquifer o Sources made available through new storage capacity: o Aquifer Storage & Recovery (ASR) o Above ground impoundment o Reclaimed water o Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water Made Available GD Start/Finish Date Cost This Total Total Phase Pro' ect FY06 Pro' ect Start: Start: Plannin $2,603 $13,898 2128/2007 9/27/2004 $2.603 $13.896 Finish: Finish: Desi 5130/2007 5/30/2007 $46.852 $250.162 Construction $0 $2,616,000 Total $ 52,056 $2,893,958 This Phase Total Pro' ect 1.5 1.5 Brief Proiect Descrintion: The NCRWTP Wells RO-118N, RO-119N & RO-120N project consists of the installation of three new Hawthorn Zone 1 Wells to allow for reliable production capacity from the existing North County Regional Water Treatment Plant. Page I of 12 ( ( Agenda Item No. 16C9 September 13, 2005 Page 35 of 50 NERWTP Construction Project Name Collier County PU ED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Proiect SUmmary Mr. Harold Huber Proj ect Manager 3301 East Tamiami Trail, Bldg H Naples, 34112 Address (239) 530-5341 Telephone (239) 530-5378 Fax haroldhuber@colliergov,net Email Alternative Water Source: (Check the applicable boxes) [J Seawater IZI Brackish water from Hawthorn/FAS aquifer [J Sources made available through new storage capacity: [J Aquifer Storage & Recovery (ASR) [J Above ground impoundment [J Reclaimed water [J Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water Start/Finish Made Available GD Date Cost This Total This Total Total Phase Pro' ect Phase Pro' ect FY06 Pro' ect Start: Phase 1.A: Plannin $0 $261,360 Phase 1.A: 10 7/17/2006 11116/2004- 8/1/2008 Desi $0 $261,360 0 Phase 1 .B: 10 Finish: Phase 1.8: $0 $4,704,480 8/1/2008 8/112008 . Total: 20 1213112018 Construction $0 $43,560,000 Total $0 $49,309,920 Brief Project Description: The purpose of the NERWTP Design project is to develop a 10 MGD water treatment plant to treat brackish water supplies, Page I of 11 Agenda Item No. 16C9 September 13, 2005 Page 36 of 50 NERWTP Wellfield Phase 1.A Proiect SUmmary Ms. Alicia Abbott Project Manager 3301 East Tamiami Trail, Bldg H Naples, 34112 Address 239-530-5344 Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Telephone 239-530-5378 Fax aliciaabbott@colliergov.net Email Alternative Water Source: (Check the applicable boxes) [J Seawater IZJ Brackish water from Lower Hawthorn (FAS) aquifer CJ Sources made available through new storage capacity: [J Aquifer Storage & Recovery (ASR) [J Above ground impoundment [J Reclaimed water [J Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water Made Available GD lli:la{ea;t,ii,. Start/Finish Date Cost This Total Total Phase Pro 'ect FY06 Pro'ect Start: Phase 1.A: Plannin $14o,s77 $300,000 4/9/2006 7/1/2004- $140.577 $300.000 8/15/08 Desi Finish: Phase 1.B: $2,530,378 $5,400,000 8/1/2006 8/16/08- 12/31/18 Construction $2,000,000 $58,040,000 Total $4,811,532 $64,040,000 This Phase Total Pro' ect Phase 1.A: 10 o Phase 1.B: 10 Total: 20 Brief Proiect Description: The purpose of the NERWTP Wellfield Phase 1.A is to develop a brackish wellfield to provide raw water supply to the North East Regional Water Treatment Plant. Page I of 11 Agenda Item No. 16C9 September 13, 2005 Page 37 of 50 (- Reclaimed Water ASR Project Name Collier County PU ED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Proiect Summary Ms. Alicia Abbott Project Manager 3301 East Tamiami Trail, Bldg H Naples, 34112 Address (239) 530-5344 Telephone 239-530-5378 Fax aliciaabbott@colliergov.net Email Alternative Water Source: (Check the applicable boxes) o Seawater o Brackish water from aquifer 1ZI Sources made available through new storage capacity: IZI Aquifer Storage & Recovery (ASR) D Above ground impoundment IZI Reclaimed water ( 0 Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water Made Available GD Start/Finish Date Cost This Total Total Phase Pro' ect FY06 Pro' ect Start: Start: Plannin $12,750 $42,840 1/15/2006 8/311999 $12,750 $42,840 Desi n Finish: Finish: $229,500 $771,120 8/1/2006 9/30/2009 Construction $1,870,000 $6,283,200 Total $2,125,000 $7.140,000 This Phase Total Pro' act 5 Brief Proiect Descriution: The Reclaimed Water ASR project will develop a 1 MGD reclaimed water ASR to allow for additional use of off-peak supply. The project will expand the ASR system by adding 4 additional wells according to the design that has been completed. ( Page 1 of 12 Agenda Item No. 16C9 September 13, 2005 Page 38 of 50 Proiect SUmmary Reclaimed Water Booster Pump Station Mr, Richard Cannyn Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Project Manager 3301 East Tamiami Trail, Bldg H Naples, 34112 Address (239) 530-6278 Telephone 239-530-5378 Fax RichardCannyn@colliergov,net Email Alternative Water Source: (Check the applicable boxes) o Seawater o Brackish water from aquifer o Sources made available through new storage capacity: o Aquifer Storage & Recovery (ASR) o Above ground impoundment IZI Reclaimed water o Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) )'e.; Quantity of Water Made Available GD StartJFinish Date Cost This Total Total Phase Pro' ect FY06 Pro'ect Start: Start: Plannin $5,500 $8,500 11/1/2005 6/23/2004 $5,500 $8,500 Desi n Finish: Finish: $99,000 $153.000 8/1/2006 1/31/2007 Construction $200,000 $1,200,000 Total $310,000 $1,370,000 This Phase Total Pro' ect o 10 Brief Proiect Descriotion: The Reclaimed Water Booster Pump Station project consists of the placement of an irrigation water booster pumping station to interconnect between the north and south water reclamation facilities. Page 1 of 11 Agenda Item No. 16C9 September 13, 2005 Page 39 of 50 (-- Project Sununary Lower Hawthorn Wells RQ..18N. RO-19N and RQ..20N Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Mr. Peter Schalt Project Manager 3301 East Tamiami Trail, Bldg H Naples, 34112 Address (239) 530-5343 Telephone 239-530-5378 Fax peterschalt@colliergov.net Email Alternative Water Source: (Check the applicable boxes) lJ Seawater 121 Brackish water from Lower Hawthom (Upper Floridan) aquifer lJ Sources made available through new storage capacity: lJ Aquifer Storage & Recovery (ASR) lJ Above ground impoundment o Reclaimed water r 0 Other source designated as non-traditional in a water supply plan , (List source, page # and water supply plan title where source is identified) Quantity of Water Made Available GD StartlFinish Date Cost This Total Total Phase Pro' ect FY06 Pro' ect Start: Start: Plannin $5,395 $31,118 9/1/2005 5/312004 $5,395 $31,118 Desi n Finish: Finish: $97,110 $560,115 5/30/2006 5/30/2006 Construction $5,156,000 $6,306,000 Total $5,263,900 $6.930,351 This Phase Total Pro' ect 3 3 Brief Project Descriotion: The Lower Hawthorn Wells RO-18N, RO-19N and RO-20N project consists of the installation of three new Lower Hawthorn Wells to allow for reliable production capacity from the existing North County Regional Water Treatment Plant. ( Page 1 of 11 Agenda Item No. 16C9 September 13, 2005 Page 40 of 50 Proiect SUmmary Pelican Bay WWTP Conversion to Reclaimed Waler Storage and Repump Phase I Project Name Collier County PUED Mr. Richard Cannyn Project Manager Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region 3301 East Tamiami Trail, Bldg H Naples, 34112 Address (239) 530-6278 Telephone 239-530-5378 Fax RichardCannyn@collier9ov.net EmaiI Alternative Water Source: (Check the applicable boxes) o Seawater o Brackish water from aquifer o Sources made available through new storage capacity: o Aquifer Storage & Recovery (ASR) o Above ground impoundment IZI Reclaimed water o Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water StartJFinish Made Available GD Date Cost This Total This Total Total Phase Pro' ect Phase Pro' ect FY06 Pro' ect Start: Start: Plannin $4,500 $4,500 12/2/2005 11/1/2004 $4,500 $4,500 Desi n Finish: Finish: $81,000 $81,000 2/2/2006 2/2/2006 Construction $600,000 $600,000 Total $690,000 $690,000 Brief Proiect Descrintion: The Pelican Bay WWTP Conversion to Reclaimed Water Storage and Repump Phase I consists of the decommissioning of a WWTP and conversion of a portion of the facility to expand the onsite reclaimed water storage and pumping facilities. Page 1 of 11 (. (' r Agenda Item No, 16C9 September 13, 2005 Page 41 of 50 Project Summary Hawthorn Zone 1 Wells RO.114N, RO.115N, and RO.116N Mr. Peter Schalt Project Manager 3301 East Tamiami Trail, Bldg H Naples, 34112 Address (239) 530-5343 Telephone (239) 530-5378 Fax peterschalt@colliergov.net Email Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Alternative Water Source: (Check the applicable boxes) D Seawater rzI Brackish water from Hawthorn Zone 1 aquifer CJ Sources made available through new storage capacity: CJ Aquifer Storage & Recovery (ASR) CJ Above ground impoundment D Reclaimed water CJ Other source designated as non.traditional in a water supply plan (List source, page # and water supply plan title where source is identified) :....j;C;~w:,~jtwml;l!l;lliU~iu'iilF:!;;:.',: :wit~~:;'QUiliti.tM.;.....Ti~b! I/~j~d ~MHii'i, :::~~I;!~!i!j: ,,"oil' ""!' ;",,1"") ,"Iii .".<~,.i:,"'i!ilil~I;{<,.. ,)_;m:{L~,k, -:..~~!,' ,'I~i I a ',:: I" ' :!lh;ll~lC;, Quantity of Water StartJFinish Made Available lMGm Date Cost This Total This Total Total Phase Proj ect Phase Proiect FY06 Proiect Start: Start: Planninlt $2,603 $13,898 8/11/2005 9/27/2004 $2,603 $13,898 Finish: Finish: Desi{ffi , .5 1,5 '2/30/2005 12/30/2005 EnlrineerinlC $46,852 $250,162 Construction $1,700,000 $2,300,000 Total $1,752,058 $2,577,958 Brief Proiect DescriDtion: The Hawthorn Zone 1 Wells RO-114N, RO-115N, and RO-116N project consists of the Installation of three new Hawthorn Zone 1 Wells to allow for reliable production capacity from the existing North County Regional Water Treatment Plant. Page 1 of 12 Agenda Item No. 16C9 September 13, 2005 Page 42 of 50 Project Summary Hawthom Zone 1 Wells RO-1 01 Nand RO-102N Mr. Peter Schalt Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Project Manager 3301 East Tamiami Trail, Bldg H Naples, 34 112 Address (239) 530-5343 Telephone (239) 530-5378 Fax peterschalt@colliergov.net Email Alternative Water Source: (Check the applicable boxes) [J Seawater o Brackish water from Hawthorn Zone 1 aquifer [J Sources made available through new storage capacity: [J Aquifer Storage & Recovery (ASR) [J Above ground impoundment [J Reclaimed water [J Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water Start/Finish Made Available GD Date Cost This Total This Total Total Phase Pro' ect Phase Pro' ect FY06 Pro' ect Start: Start: Plannin $1,735 $9,265 5/24/2005 9/1/2004 $1,735 $9.265 Desi n Finish: Finish: $31,235 $166,n5 12/30/2005 1 2/30/2005 Construction $1,000,000 $1,405,000 Total $1,034,705 $1,590,305 Brief Proiect Descriotion: The Hawthorn Zone 1 Wells RO-1 01 Nand RO-'02N project consists of the installation of two new Hawthorn Zone 1 Wells to allow for reliable production capacity from the existing North County Regional Water Treatment Plant. Page 1 of 10 Agenda Item No. 16C9 September 13, 2005 Page 43 of 50 /- 12th Ave Tamiami Interconnect Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Proiect Summary Mr. Peter Schalt Project Manager 3301 East Tamiami Trail, Bldg H Naples, 34112 Address (239) 530-5343 Telephone 239-530-5378 Fax peterschalt@colliergov.net Email Alternative Water Source: (Check the applicable boxes) o Seawater 12I Brackish water from Lower Hawthorn (FAS) aquifer o Sources made available through new storage capacity: o Aquifer Storage & Recovery (ASR) o Above ground impoundment o Reclaimed water __ 0 Other source designated as non-traditional in a water supply plan ,r (List source, page # and water supply plan title where source is identified) Quantity of Water Made Available GD Start/Finish Date Cost This Total Total Phase Pro' ect FY06 Pro' ect Start: Start: Plannin $1,037 $7,999 8/10/2005 9/24/2004 $1 ,037 $7 ,999 Finish: Finish: Desi n 5/1/2006 5/1/2006 $18,665 $143.973 Construction $1,083,000 $1.832,000 Total $1.103,739 $1,991,971 This Phase Total Pro' ect 5.9 5.9 Brief Project DescriDtion: The purpose of the 12th Ave Tamiami Interconnect project is to construct an interconnect between the Tamiami Wellfield and the existing Lower Hawthorn Wellfleld to allow for a reliable supply to keep North County Regional Water Treatment Plant operating at full capacity. (' Page 1 of 11 Agenda Item No. 16C9 September 13, 2005 Page 44 of 50 Proiect Summary Radio Rd to Davis Blvd Reclaimed Water Main Mr. Ron Dillard Project Manager 3301 East Tarniami Trail, Bldg H Naples, 34112 Address Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region (239) 530-5338 Telephone (239) 530-5378 Fax ronalddillard @collier90v.net Email Alternative Water Source: (Check the applicable boxes) [J Seawater [J Brackish water from aquifer [J Sources made available through new storage capacity: o Aquifer Storage & Recovery (ASR) o Above ground impoundment o Reclaimed water o Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water Start/Finish Made Available GD Date Cost This Total This Total Total Phase Pro' ect Phase Pro' ect FY06 Pro' ect Start: Start: Plannin $0 $2,Sn 2/21/2005 2/1/2002 $0 $2,Sn Desi Finish: Finish: $0 $48,1n 10/20/2005 10/20/2005 Construction $0 $1,000,000 Total $0 $1,053,531 Brief Proiect Descriotion: The Davis to Radio Road Reclaimed Water Main projects will provide a new reclaimed water line to add flexibility between the North and South reclaimed water service areas to maximize use of the reclaimed water ASR system in the North reclaimed water service area. Page 1 of 10 ~- -- (' Agenda Item No. 16C9 September 13, 2005 Page 45 of 50 SCRWTP Wellfield Expansion Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Project Summary Mr. Phil Gramatges Project Manager 3301 East Tarniami Trail, Bldg H Naples, 34112 Address (239) 774-8836 Telephone (239) 530-5378 Fax PhilGramatges@colliergov.net Email Alternative Water Source: (Check the applicable boxes) D Seawater 1ZI Brackish water from Hawthorn Zone 1 aquifer D Sources made available through new storage capacity: D Aquifer Storage & Recovery (ASR) D Above ground impoundment D Reclaimed water D Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water Made Available GD Start/Finish Date Cost This Total Total Phase Pro' ect FY06 Pro' ect Start: Start: Plannin $10,000 $80,486 1/11/2006 7/28/2004 $10,000 $80,486 Desi n Finish: Finish: $180,000 $1,448,746 7/2012006 7/9/2007 Construction $2,600,000 $26,000,000 Total $2,BOO,OOO $27,609.71B This Phase Total Pro'ect 3.5 12 Brief Proiect Descrintion: The SCRWTP Wellfield Expansion consist of the expansion of current wellfield to provide additional raw water supply for SCRWTP expansion from 8 MGD to 20 MGD. Page 1 of 11 Agenda Item No. 16C9 September 13, 2005 Page 46 of 50 Project Summary SERWTP Wel/field Study, Land Acquisition, and Construction Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Ms. Alicia Abbott Project Manager 3301 East Tamiami Trail, Bldg H Naples, 34112 Address (239) 530-5344 Telephone (239) 530-5378 Fax aliciaabbott@collier90v.net Email Alternative Water Source: (Check the applicable boxes) o Seawater IZI Brackish water from Lower Hawthorn (FAS) aquifer o Sources made available through new storage capacity: o Aquifer Storage & Recovery (ASR) o Above ground impoundment o Reclaimed water o Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water Start/Finish Made Available GD Date Cost This Total This Total Total Phase Pro' ect Phase Pro' ect FY06 Pro' ect Phase 1: 0 Phase1 : Plannin $60,000 $547,560 Phase 1 : 5/15/06. Phase 2.A: 8 5/15/06. 9/30/08 Desi n $60,000 $547,560 Phase 2.A: 0 9/30/08 1/1/14- $1,080,000 $9.856,080 Phase 2.8: 12 9/30/18 Phase 2.8: Construction $0 $80.308,800 Total: 20 10/1/18- 9130/23 Total $1,200,000 $91,260,000 Brief Proiect Description: The SERWTP Wellfield Study, Land Acquisition and Construction project will develop a fourth water treatment plant that uses alternative brackish and saline water as the supply source. Page 1 of 11 ( Agenda Item No. 16C9 September 13, 2005 Page 47 of 50 SCRWTP 12-MGD RO Expansion Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Project Summary Mr. Phil Gramatges Project Manager 3301 East Tamiami Trail, Bldg H Naples, 34112 Address (239) 774-8836 Telephone (239) 530-5378 Fax philgramatges@colliergov.net Email Alternative Water Source: (Check the applicable boxes) CJ Seawater [ZJ Brackish water from Hawthom Zone 1 aquifer CJ Sources made available through new storage capacity: [J Aquifer Storage & Recovery (ASR) CJ Above ground impoundment [J Reclaimed water CJ Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water Made Available GD Start/Finish Date Cost This Total Total Phase Pro' ect FY06 Pro' ect Plannin $75,000 $149,500 Start: Start: $75,000 $149,500 111712005 7/15/2004 Desi n $1,350,000 $2,691,000 Finish: Finish: 2/1/2007 2/1/2007 Construction $18,000,000 $25,000,000 Total $19,500,000 $27,990,000 This Phase Total Pro' ect 12 12 Brief Proiect Descrintion: The SCRWTP 12-MGD RO Expansion consists of the expansion of plant capacity from 8 MGD to 20 MGD to treat brackish water supplies. Page 1 of 12 Agenda Item No. 16C9 September 13, 2005 Page 48 of 50 Project Summary NCRWTP High Pressure RO Construction Ms. Karen Guliani Project Name Project Manager Collier County PUED 3301 East Tamiami Trail, Bldg H Naples, 34112 Proj ect Owner Address Collier County County where project is located Lower West Coast Water Supply Planning Region (239) 417-6083 Telephone (239) 530-5378 Fax Karenguliani@colliergov.net Email Alternative Water Source: (Check the applicable boxes) [J Seawater IZI Brackish water from Lower Hawthom (Upper Floridan) aquifer o Sources made available through new storage capacity: [J Aquifer Storage & Recovery (ASR) [J Above ground impoundment [J Reclaimed water [J Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water Made Available GD StartlFinish Date This Phase Total Pro' ect This Total Phase Pro' ect Start: Start: Plannin 11/1/2005 6/21/2004 Desi Finish: Finish: 8/1/2006 2/1/2008 Construction Total o 2 ','L', , .Jd~ ' Cost Total FY06 Pro' ect $45,850 $50,924 $45,850 $50,924 $825,300 $916,636 $0 $14,000,000 $917,000 $15,018,484 Brief Proiect Descriotion: The NCRWTP High Pressure RO Construction project consists of the installation of two 1 MGD high- pressure RO treatment skids in North County Regional Water Treatment Plant to treat high-salinity water from existing high-salinity wells. Page 1 of 11 Agenda Item No. 16C9 September 13, 2005 Page 49 of 50 Proj ect Summary NCRWTP New Hawthorn Zone 1 and Lower Hawthorn Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Ms. Alicia Abbott Project Manager 3301 East Tamiami Trail, Bldg H Naples, 34112 Address (239) 530-5344 Telephone (239) 530-5378 Fax aliciaabbott@colliergov.net Email Alternative Water Source: (Check the applicable boxes) [J Seawater IZI Brackish water from HawthomlUpper Floridan aquifer [J Sources made available through new storage capacity: [J Aquifer Storage & Recovery (ASR) [J Above ground impoundment [J Reclaimed water [J Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water Made Available GD Start/Finish Date Cost This Total Total Phase Pro' ect FY06 Pro' ect Start: Start: Plannin $18,790 $18,790 11/112005 7/28/2004 $18,790 $18,790 Desi n Finish: Finish: $338,224 $338,224 7/31/2006 7/31/2006 Construction $785,000 $785,000 Total $1,160,804 $1,160.804 This Phase Total Pro' ect o o Brief Proiect DescriDtion: The NCRWTP New Hawthorn Zone 1 and Lower Hawthorn project will develop test wells to evaluate feasibility of developing the Hawthorn Zone 1 and the Lower Hawthorn Aquifers for brackish water supply. Page 1 of 11 Agenda Item No. 16C9 September 13, 2005 Page 50 of 50 Manatee Road ASR Expansion Project Name Collier County PUED Project Owner Collier County County where project is located Lower West Coast Water Supply Planning Region Proiect Summary Mr. Peter Schalt Project Manager 3301 East Tamiami Trail, Bldg H Naples, 34112 Address (239) 530-5343 Telephone (239) 530-5378 Fax peterschalt@colliergov.net Email Alternative Water Source: (Check the applicable boxes) o Seawater o Brackish water from aquifer I2l Sources made available through new storage capacity: 12I Aquifer Storage & Recovery (ASR) D Above ground impoundment D Reclaimed water D Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Quantity of Water Made Available GD 4 4 Start/Finish Date Cost This Total Total Phase Pro'ect FY06 Pro' ect Start: Start: Plannin $5,000 $30,000 7/1/2006 12/2/2003 $5,000 $30,000 Desi Finish: Finish: $90,000 S540,000 3/1/2007 311/2007 Construction $1,500,000 $9,200,000 Total $1,600,000 $9,800,000 This Phase Total Pro' ect Brief Proiect DescriDtion: The Manatee Road ASR Expansion project will expand the current 1 MGD ASR to 5 MGD ASR to allow for additional use of off-peak supply, Page I of 11 ".....'..., Agenda Item No. 16C10 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment to transfer funds in the amount of $349,000 to cover unanticipated personal service and operating expenses incurred by six Wastewater Department Cost Centers. ($299,000 from the Collier County Water-Sewer District Operating Fund (408) Reserves for Contingencies, and $50,000 from the Personal Services Budgets of the North County Water Reclamation Facility and the South County Water Reclamation Facility) OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of Collier County Water-Sewer District, approve a budget amendment that will allow funds to be transferred from the Collier County Water-Sewer District Operating Fund (408) Reserves for Contingencies in the amount of $299,000, and funds in the total amount of $50,000 from the Personal Services Budgets of the North County Water Reclamation Facility (NCWRF), and South County Water Reclamation Facility (SCWRF) to cover unanticipated personal services and operating expenses in the amount of $349,000 incurred by Stake & Locates, NCWRF, Wastewater Reuse, WW Lab, Wastewater Collections, and the SCWRF. CONSIDERATIONS: 1) Stake & Locates requires an additional $15,000 to cover an unexpected overtime shortfall due to a higher than usual number of emergency digs and locates, and serving as secondary response to breaks and sanitary sewer overflows. 2) The NCWRF requires $225,000 to cover operating expenses for the remainder of FY05. This is an 8.7% increase in the total operating expense amended budget. The NCWRF experienced a 17% increase in influent wastewater flow and biosolids tonnage in the last three months compared to the same reporting period of FY04. This increase is forecasted to continue, with correlating increases in the rate of operating expenditures directly associated with the treatment of influent wastewater flows. a) The NCWRF requires an additional $70,000 in the area of biosolids hauling and disposal to cover contractual services. This is an 8.8% increase over the current budget for this line item. b) The NCWRF requires an additional $70,000 for electricity. This is an 8.8% increase over the amended budget for this line item. c) Additional funds in the amount of $85,000 are needed due to an increase in chemical demand for disinfection and odor control. This is a 17% increase in the amended budget for this line item. 3) The Wastewater Reuse's Instrumentation/Electrical Technician has been utilized by both the SCWRF and the NCWRF due to vacancies that are difficult to fill for the same position at these facilities, performing corrective, emergency and preventative instrumentation/electrical maintenance. Consequently, overtime funds for Wastewater Reuse were under budgeted in the amount of $20,000. 4) The WW Lab has experienced a 7% increase in the number of permit analyses performed in the past three months compared to the same reporting period of FY04. This increase in the number of permit analyses performed is forecasted to continue, with correlating increases in the rate of operating expenditures directly associated with permit analyses. The WW Lab requires additional funds in the amount of $4,000 for chemicals. This is a 7% increase in the amended operating budget for this line item. .f,....... Agenda Item No. 16C10 September 13, 2005 Page 2 of 3 5) Wastewater Collections requires an additional $15,000 as a result of additional telemetry monitoring due to outages from electrical storms and response to Master Station 312 rehabilitation. 6) The SCWRF experienced a 22.6% increase in influent wastewater flow and a 17.6% increase in biosolids tonnage in the last three months compared to the same reporting period in FY04. These increases are forecasted to continue, with correlating increases in the rate of operating expenditures directly associated with the treatment of influent wastewater flows. The SCWRF requires $70,000 in additional funding for electricity. Cost Center Need Amount Stake & Locates Overtime $15,000 NCWRF Biosolids Haulinq $70,000 NCWRF Electricitv $70,000 NCWRF Chemicals $85,000 Wastewater Reuse Overtime $20,000 Wastewater Lab Chemicals $4,000 Wastewater Collections Overtime $15,000 SCWRF Electricitv $70,000 Total $349,000 --"'''_..' FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $299,000 from the Collier County Water-Sewer District Operating Fund (408) Reserves for Contingencies, and funds in the amount of $50,000 from the Personal Services Budgets of the NCWRF, and the SCWRF cost centers to cover unanticipated personal services and operating expenses in the amount of $349,000 incurred by Stake & Locates, NCWRF, Wastewater Reuse, WW Lab, Wastewater Collections and the SCWRF. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the Executive Summary. RECOMMENDATION: That the Board of County Commissioners as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve a Budget Amendment to transfer funds in the amount of $349,000 to cover unanticipated personal service and operating expenses incurred by Wastewater Stake and Locates, the NCWRF, Wastewater Reuse, WW Lab, Wastewater Collections and the SCWRF ($299,000 from the Collier County Water-Sewer District Operating Fund (408) Reserves for Contingencies, and $50,000 from the Personal Services Budgets of the NCWRF, and the SCWRF). PREPARED BY: Marisa Garcia, Wastewater Operations Analyst -- Item Number. 1_ _ory: Mooting Dolo: Agend.llem No. 16C10 September 13, 2005 Page ::I of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C1Q Reoommerldallon to approve a Budget AmtlMment to transfer fund$ In the amount of 5349.00010 cover unanticipated personal service and operating expenses Incurred bV ai,l( Wntewater Department Cost Centers. ($299,000 from thf!' Collier County Watel-$ewer Dlatrfct Opell~1ing Fund (406) Rewerve$ for ContingflrtCi~, and $50,000 from the Perlonal Servicu B~lcJgehi of the North County Watrtr Reclalllellon F8cilfty and the South Counly WtltOl' Reclftml'llion F~c:ility'. 9113120059:00:00 AM OperlrtlOnl Anllly.1 0... Prepared B). Marls-a Ourci. Public Utilltlet; WuteW.tor 8J10!200!l11:19:"9AM Interim W..toWater Olrector 0... Appro't'ed By G. George VlImM Publit: Utilltlo. W..teW..r 8/10120051;3.4 PM BlIIl. S,idh.ut Dot< Apl)rllved B)' Public Utilltle5 SOnlor Man(lge-rmrrtlBudgel Analyst Publfc Utilities Operatlol'll 8110120052:07 PM Approved By Thom.. WI des Public Utilities operations Director DOlO Public Utilltlllllll OpenltlonB 8/1612005 9:32 AM Public UtWties AdmlnlstrJtor Do" Apllroved By JaRl0s W. DeLony Public Utilities Public Utllltlell AdmJnlsttDtion 8/t612005 2:02 PM OMB CODrdinator AthninlJ.tratlve A.sistllnt o.w Approved By County Mllnagot'. Office Office of Management & Budget 8/19/200510:11 AM 0... AIJproved By Randy GrMnWllld County Manager'. 01Uce Man4gementlBudget AnlllYlIt Offiae of Mlllnl'lgemont & Budget 9/212OQ5 1; 17 PM MiehllelSmykOW1llti Mllnllgemen1' & Budget Dlrecctor DlIte Appruved By County Manll[lflr's Officlt Of1lc:e of MaoillgslIlt,.,t & BtllJ"flt $116(20053:50 PM Approved B,y Jamew V. Mudd Board of County Commlasionlllr& County Mlmager Pot. Cot,Jnty Manager'. Office 9/612005 "':11 PM Agenda Item No. 16C11 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Reeommendation to approve Budget Amendment to mnsfer funds in the amount of $50,000 from Project 725061, North County Water Reclamation Facility (NCWRF), Renew Sludge Pump Rooms and 550,000.00 from Projeet 725112, NCWRF Repair and Replacement (R&R) Oxidation Ditch to a new Project 739661, NCWRF Bleach System Rellabtuty Upgrades. OBJECTIVE: The public purpose is to enhance the reliability and safety of the chlorine bleach system at the North County Water Reclamation Facility (NCWRF) and to enhance the operator ability to manage and control the amount of bleach that each chlorine contact chamber receives to ensure compliance with regulatory provisions. CONSIDERATIONS: The scope of this project is to have a reliable, hypochlorite solution line from the hypochlorite storage/feed facility to the distribution manifold and from the manifold to feed all individual new chlorine contact chambers. The existing pipeline will be retrofitted with flow meters in order to compare flows at the supply point and at the application point to ascertain whether leaks are inherent in the system. A day tank and three metering pumps will be added near the chlorine contact chambers. The existing supply line will feed the day tank and then from the day tank, chlorine will be fed by the metering pumps to the individual contact chambers. Design for this project is almost complete and the funds requested are for construction work and construction engineering and inspection (CEI) services. Project 729661, NCWRF Bleach System Reliability Upgrades is consistent with the intent of the 2003 update to the Waste Water Master Plan as adopted by the Board on May 25, 2004 as Agenda Item 10C. The project will have a construction cost of $100,000 The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary. FISCAL IMPACT: Funds in the amount of $100,000 are available in project 725061 NCWRF Renew Sludge Pump Rooms ($50,000) and project 725112 NCWRF R&R Oxidation Ditch. ($50,000). Funding source is Wastewater (414) User Fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: Staff recommends that The Board of County Commissioners, as Ex-officio governing board for the Collier County Water-Sewer District approve the necessary budget amendment, and approve and authorize project 729661 in the amount of $1 00,000. PREPARED BY: Dayne Atkinson, Project Manager, Public Utilities Engineering. - 'tem Number: 1_ Summary: Meeting 0"': Agenda Item No, 16Cl1 Seplember13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16Cll Rllcommendation to "pprove Budget Amendment to tranll1er fundi;; in the amount of 550,000 from Project 725061 . North County Water Reclamation Facility (NCWRF). Renew SludOe Pump Roome and $50,000.00 from Project 72~112, NCWRF Reptlr and Replacement (R,&R) Oxidation Ditch to t'l new Projec! 739S61 , NCWRF Bleach SY'&tell1 R"Hebjl~y UplJff'O"- 9/1312005900:00 AM PrincipAl Project ManRg6r 0"'. Approved B)' Wilham D. MuUln, PE PubUe UtllltiOl Public Utilities EnglneBflng 811Z12005 1:21 PM 0... Approved By S..ve Carnell Admlnlstr.tlve Servicn Purchasing/General Svc. Director Purchasing 1tt1212006 2~23 PM G. George Yllml.l! Interim WuwW.tlIr Director 0... 8/12/2:0052:&1 PM AIJprnved B)' Public Utilities W,QAClW.wtef Aflproved B)' Thomas WlOO5 Public Utiliti.. Operatlon~ OIrc;!c1or 0"'. Public L1tlllties Operation. U/1612006 9:33 AM Roy B. Anderson. P .E. PlJblk: Utilities Engineering DIrector OAte Apprond By Public Utllltin Pl.lblic lIUIIU8. Englneet'ing 8/19120058:42 AM Approved B)' Jal1'le$ W. DeLon)l Public UtlUtles Public Utll/tJet>> Adminiltrator D... Public UtUlti,.. Admlni.trfttion 8/2S/Z00S 3:45 PM Adminlltratlve Asalllt6lnt 0... AplJro\'ed By OMS Coordlnlltor County Manager'. OfficQ Office of ManllgCmlllnt & audgei 812B12006 9;15 AM Senior ManagementlBudgot Analyst DAte 8/30/20011 8:56 AM Apprond By Su'San Usher County Manager'1. ottic\!!' Offlco 01 Man.g~nwnt & Budgwt Om. A ppro\'ed B)' Mlch.ool Sn1y~owlkj County MlIMtJ""S Offi"., M,Qnllgcrnont & Budget Director Ofllee of Management & Budget 6/3112OD512:48 PM County Manager Om. A Pllro\'cd By Ja",*" V, Mudd Board 01 County Commlulonen; County Manager', Office 81J1/2005 2:12 PM ...- l.() (") ......0_ 000 (,OC\I(") "'-cv)(1) 0.... OJ Zl...ro (1)0... E..o a>E ::=(1) roo. "'0(1) aiCl) Cl <t: ".....~ .._,. r.. .."'''''_.... ~.,_"'.,,' .'_.''''''-'''. .... .. o -..-t a sl-".-~-"-T-' .-... ...-.....-....-. ~ ~I~"H~ ~ _'n_.. .... .... a _n-i o I_h_~ -..- . ..-. '1"'-" <<-. I[] - u CI) ...... e a.. "i :t:: Q. ftS CJ CI) "0 ftS ... C) Q. ::::>> ~ :s .! CD ~ E CI) - fn ~ en J: u ftS .!! aJ L&- a:: 3: CJ z .... .. o ~I=::=j_.._,.- .l- e 'i.,.~"f,IIt__.. ~ NI_H"~ .... ~I "',, --i' o -~ - ,_nT'- N .. - a ~ - g g c:t g fI) < < g c z 'z 0 i 0 0 CJ .. .. ... ... ... ... ... c = 0 c .... ; '2 's !z Ui 0 c 5 N '" 0 ~ '; ...... cu :e c ~ e- II ~ 0 w ...... :s :e ~ c ~ c '" "CI "CI = 'Iil cu Gl 'm Cl. ..... C C C III e j ~ 0 c Q U Iool ~ . . CI) E ftS Z U CI) 'S ... a.. Agenda Item No. 16D1 September 13, 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign the Grant Agreement for Project Number 06-PLC-04, granting $500,000 to enlarge the Golden Gate Branch Library. OBJECTIVE: Obtain signature of the Chairman of the Board of County Commissioners on the attached 'Grant Agreement', permitting the Collier County Public Library to receive a State Library Construction Grant, Project Number 06-PLC-04, for the purpose of enlarging the Golden Gate Branch Library. CONSIDERATIONS: The Board of County Commissioners approved the architectural contract for the expansion design work with Barany Schmitt Summers Weaver and Partners, Inc., September 9,2003. (Item 16F1, #6.) The BCC approved the State Library Construction Grant Application at its regular meeting on March 23, 2004. (Item # 16D2.) On July 19, 2005 the Collier County Public Library was notified by the Florida Department of State, Division of Library and Information Services, that the Grant request has been funded. The Grant Agreement is the document required by the State Library to receive funds granted in the amount of $500,000 and must be submitted to the Division of Library and Information Services no later than September 30, 2005. A contract for construction must be awarded no later than December 23,2006. FISCAL IMPACT: Local funds in the amount of $3,500,000 have been requested from the Library's Impact Fee Fund (Fund 355) during the regular budget process. GROWTH MANAGEMENT IMPACT: Construction of the additional library space in Golden Gate will help maintain the minimum floor space standard of .33 square feet per person, established by the Growth Management Plan.. RECOMMENDATION: Staff recommends that the Board approve the 'Grant Agreement', and provide authority to the Chairman to execute the agreement. Executive Summary Prepared by Kathleen Teaze, Assistant Library Director. ,_. Item Number: 110m Summary: -8 Dote: Agenda Item No. 16D1 September 13, 2005 Page 2 ot1 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS 16D' Recommendahon 10 au1hClrize the Ch_irman to sign the Grant Agreement 1'or Collie, County LIbrary Public library Conttruction Project Number 06wPLC-04, permitting thti Collier County Public LIbrary to recei\ll2' 5500.000 awarded by Grant to enlarge tl1e G~den Gate Branoh Ubrary 911 ~12005 9:00:00 AM Anlstant Dlr4ilClOr Date Prepared By KathllMtn Te81ll' Publll;'. S.rvices L1br.ry 8123120061:06:56 PM Executive SKretlilry Dare Apprmred B)-' Kathy Carpenter Public ServIces Public $ervie<<Hll Admin, anJl2006 2:57 PM M,Qrlane J. Foard Grants Coordinator Oat. Approved By Administrative 81ltfvlcQllo Admlnl.trltlve Stlfvlolll. Admin, 812<tJ200n 3:14 PM Ron Hovell Oat. Approved By Administrative Servtces Principal Project MlInagcr F ll.olflthtllS MIInlll:9"lmnl 0125/20063:51 PM Approved By Marilyn Mlrtthes Public SlIl'Yices Library Anisbmt Director Dote library al2512OO5 4:39 PM MI:r111 Ralmlley Public Sill'rviae' Admlniitr4tQr D... Approved B)' Public Service, Public SGtVlcos Admin. a/2512005 4:50 PM Approved By OMB CoordInator County Manager''I Office AdmlnlstrBtlve Ani.tant Oat. Offico or Manllgement & Budgm 612912.006 9:27 AM SliImor Managemcnt1Budget An.olY'I1 Oat. AI,proved By Susan Usher County Manager''I Ottice omco of MlInllglllTllltnt & Budget 8130120059:16 AM ManAgement & Budget DlrGctor Oat. Apl)rOved B3' MIchael Smykow.kl County Manager's OfficI!' 01'f1~ of M.magement & Budget a/30IZOO512:~ PM County Manager Date Apllroved 8)' Jmme. V. Mudd Board of County CDmmi..loI181$ County MlInlilger'. Dtfic* 8130/20066;27 PM Agenda Item No. 1601 September 13, 2005 Page 3 of 7 PROJECT N1.JMBER: 06-PLC-04 FLORIDA DEPARTMENT OF STATE DMSION OF LIBRARY AND INFORMATION SERVICES PUBLIC LIBRARY CONSTRUCTION GRANT AGREEMENT This AGREEMENT, executed and entered into BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter Referred to as the DMSION, and Collier County Board of County Commissioners, hereinafter referred to as the GRANTEE. the PROJECT: Golden Gate Branch Library Five hundred thousand dollars ($500,000) the GRANT AMOUNT: Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Infonnation Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State, and to Collier County Board of County Commissioners, 2385 Orange Blossom Drive, Naples, FL, 34109, for the GRANTEE. In the event of a change of address, it is the obligation of the moving party to notifY the other party in writing of the change of address. The DIVISION, as administrator of state funds provided under Section 257.191, Florida Statutes, has approved an application for public library construction funds submitted by the GRANTEE, which application is by reference herein made a part of this agreement. The GRANTEE, acting under the authority vested in it for the establishment and maintenance of a free public library, has applied for construction funds. The DMSION and the GRANTEE are willing to cooperate for the implementation of a public ltbrary construction project. The parties hereto agree as follows: I. The GRANTEE agrees: A. To provide sufficient, eligible and unencwnbered funds to be used for public ltbrary construction. B. To provide an approved site and building plans and specifications prepared by a licensed architect. Submit the final drawings and specifications to the DMSION for review prior to the award of a construction contract. Award a construction contract within 540 days from the date of the grant award. C. To provide and maintain competent and adequate engineering or architectural supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the DMSION. D. To expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated Expenditures from grant funds shall not be made for general operating expenses such as salaries, travel, personnel, or office supplies. Grant funds will not be used for lobbying the Legislature, the judicial branch or any state agency. E. To submit changes in the construction contract to the DIVISION for approval if they: 1. alter the approved building floor space or space relationships; 2. alter the approved function or services of any part of a facility; 3. change the location, size, or quantity of any approved fixed equipment; 4. transfer funds from the approved equipment budget to the construction budget, or vice versa; Page 1 of5 Agenda Item No. 16D1 September 13, 2005 Page 4 of 7 5. affect design life safety features of the facility or requirements for elimination ofarclritectural barriers for the handicapped. F. To include in the construction contract provisions for a perfonnance and Payment Bond and other financial assurances as to the contractor's ability to comply with said contract provisions, pursuant to Section 255.05, Florida Statutes. G. To establish and maintain a proper accounting system in accordance with generally accepted. accounting principles. H. To provide the DIVISION, through any authorized representative, access to the site and access to and the right to examine all records, books, papers, or other documents related to the PROJECT. I. To notify the DIVISION of the date and time of final inspection in order to afford DMSION participation in such inspection for purpose of concurring in the final acceptance of the building. J. To provide, without discrimination, free use of the hbrary services to all residents of the area served. K. That it will not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, creed. color, handicap, national origin, or sex. The GRANTEE shall insert a similar provision in all subcontracts for services by this agreement L. To comply with the Executive Order 11988, Flood Plain Management M. To comply with the provisions of Section 257.191, Florida Statutes, and the regulations implementing the law, including Sections 553.501-553.513, Florida Statutes, relating to accessibility by persons with disabilities, and the Americans with Disabilities Act of 1990. N. To the use of the building exclusively for the public library purposes for which constructed or altered. A change in its use must be approved by the DIVISION. O. In the event that the GRANTEE expends a total amount of State awards (i.e., State financial assistance provided to the GRANTEE to carry out a State project) equal to or in excess of $500,000 in any fiscal year of such GRANTEE, the GRANTEE must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable roles of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the DIVISION, except that State awards received by a nonstate entity for Federal program matching requiring shall be excluded from consideration. In connection with the audit requirements addressed in the paragraph above, the GRANTEE shall ensW'e that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(7)(f), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If the GRANTEE expends less than $500,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the GRANTEE expends less than $500,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e.. the cost of such an audit must be paid from recipient funds obtained from other than State entities). Page 2 of5 Agenda Item No. 1601 September 13, 2005 Page 5 of 7 II. The DIVISION agrees to: A. Provide funds, in accordance with the tenns of this agreement and to the extent that the appropriation for this project is released to the DNISION for the PROJECT. Should the GRANTEE fail to expend the amount oflocal funds certified in the application, the DMSION will match the local funds on a dollar for dollar basis to a maximwn of the grant award. B. Make payments according to the schedule contained in the Libraty Construction Guidelines and Application packet, subject to any special conditions stipulated by the Office of the Comptroller, State of Florida. C. Conduct a periodic check of the PROJECT, including participation in the final inspection, when feasible. III. The GRANTEE and the DMSION mutually agree that: A. This instrwnent embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communication, representation, or agreement, either verbal or written between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. B. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. C. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such tenn of provision shall be deemed stricken. D. The DIVISION shall demand the return of monies delivered and withhold subsequent payments if violations occur which disqualify the project from the grant under which they were provided, if monies were improperly expended or managed or if records of proper expenditure are not prepared, preserved or surrendered as required by this agreement. E. No delay or omission to exercise any right, power or remedy accming to either party upon breach or default by either party under this agreement, shall impair any such right, power or remedy of either party; nor sha1l such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. F. This agreement shall be terminated by the DIVISION because offailure of the GRANTEE to fulfill its obligations under this agreement in a timely and satisfactory manner unless the GRANTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by the GRANTEE shall be determined by the DMSION based. on the tenns and conditions imposed on the GRANTEE in this agreement and compliance with the program guidelines. The DNISION shall provide the GRANTEE a written notice of default letter. GRANTEE shall have 15 calendar days to cure the default. If the default is not cured by the GRANTEE within the stated period. the DMSION shall terminate this agreement, unless the GRANTEE demonstrates good cause as to why it cannot cure the default within the prescn"bed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the GRANTEE'S control. In the event of termination of this agreement, the GRANTEE will be compensated for any worle satisfactorily completed prior to the notification of termination. G. The DIVISION shall cancel this Agreement in the event that the GRANTEE refuses to allow public access to all docwnents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE. Page 3 of5 Agenda Item No. 16D1 September 13, 2005 Page 6 of 7 H. The State of Florida's perfonnance and obligation to pay under this agreement is contingent upon an annual appropriation by the legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the state has no further liability to the GRANTEE, beyond that already incurred by the termination date. In the event of a state revenue shortfall, the grant will be reduced in accordance with Section 257.195, F70rida Statutes. I. Bills for fees and services must be maintained in detail sufficient for a proper preaudit and postaudit thereof. J. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attomey fees, interest or the cost of collection. K. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the GRANTEE, its agents, servants or employees; nor shall the GRANTEE exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the GRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the GRANTEE. L. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. M. The GRANTEE shall be responSIble for all work performed and all expenses incurred in connection with the Project. The GRANTEE may subcontract as necessary to perform the services set forth in this agreement, including entering into subcontracts with vendors for services and commodities, PROVIDED THAT such subcontract has been approved by the DIVISION prior to its execution, and PROVIDED THAT it is understood by the GRANTEE that the DIVISION shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANfEE shall be solely liable to the Subcontractor for all expenses and liabilities incurred under the subcontract. N. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. O. The GRANTEE, its officers, agents and employees, in perfonnance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. GRANTEE is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. GRANTEE agrees to take such steps as may be necessary to ensure that each subcontractor of the GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. P. The GRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations under this agreement without prior written consent of the DIVISION, which consent shall not be unreasonably withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the GRANTEE'S obligations, the GRANTEE remains responsible for all work performed and all expenses incurred in connection with the agreement. In the event the Legislature transfers the rights, duties, and obligations of the DIVISION to another government entity pursuant to section 20.06, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. Q. This agreement shall bind the successors, assigns and legal representatives of the GRANTEE and of any legal entity that succeeds to the obligation of the DIVISION. R. The tenn of this agreement will commence on the date of execution of the agreement. Page 4 of5 Board of County Commissioner, Collier County, Florida, THE GRANTEE Signature of Authorized Official Fred W. Coyle, Chainnan Typed Name and Title of Authorized Official Revised 08/19/05 Page 5 of5 Agenda Item No. 1601 September 13, 2005 Page 7 of 7 THE DMSrON Dave Mann Deputy Secretary of State/Custodian of State Records Department of State, State of Florida Witness Witness ."...- ....-. ,-' Agenda Item No. 16D2 September 13, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to accept donated funds in the amount of $52.04 and approve a budget amendment recognizing the revenue and appropriating funds for East Naples Community Park Obiective: To enhance recreation programs through private contributions. Considerations: The Friends of the Parks of Collier County volunteer group of East Naples Community Park has donated $52.04 for enhancement of recreation programming. Staff has prepared a budget amendment that recognizes this amount in revenue and appropriates it to the East Naples Community Park fund center within the Parks and Recreation budget. Fiscal ImDact: Approving this budget amendment will increase the Parks and Recreation Department East Naples Community Park FY 05 budget by $52.04. Growth Manaaement ImDact: No growth management impact is associated with this action. Recommendation: That the Collier County Board of County Commissioners accepts the donated funds and approves the necessary budget amendment. PreDared Bv: Amanda O. Townsend, Operations Analyst, Parks and Recreation Department Item Number: Item Summary: Moellng DIlIo: Agenda Item No 1602 September 13, 2005 Pagtl 2 01 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1602 Recommendation 10 tu:.:cept donated funds ill the nmQunt of $.52.0. and approve. budget ftmelldment re,:ol:lt1izing the revenue and appropriating funal'! tor East Naplea Community Park 9/1312005900:00 AM Exccutl..... BecretAry D'" 8129/200fl10~47 AM Appro'Ved By Kathy Carponter Public Servioea Public SoNic" Admin. Murdo Smith Beach 8lInd Water Superintendent Dol. Approved By PubHc Service.. Parks Qnd Reereatlon 812012005 4:01 PM Marlll RarMl<Y Public Servlees Administrator 0... Appro'Vcd By Public Setvh:e, PubHc Servic.. Admin al29/2OM .~08 PM OMB Coordinator Administrative: Auistant D... Approved By County Manager's Office Office of Managmmont" 8udQGt 8130120015 10:51 AM Approved By Gary A. Vincent County ""antlger's Offt~ Managernt)l1t & BUCigll't Analyat Dol. OffIce of Manag.mllnt' & Budget 81'31/200612:41 PM 0... ^IJpro'Vcd By Mich8e1 Sm}lkowllkl County Managor'. Office ManMgemttnt & Budget Dlrea10r Of'fiCfll 01' Management & Budget 8131120051:11 PM County MlAnnger Da1e A))proved By Jalnl!l'e: V. Mudd BO.llrd of County Commlsllloners County Manager'. onlCfl 8'3112005 2:04 PM Agenda Item No. 1603 September 13, 2005 Page 1 of 31 EXECUTIVE SUMMARY Recommendation to accept the Library Long Range and Technology Plans and the current year Action Plan and authorize the Chairman to sign the FY 2005-2006 State Aid to Libraries Grant Application permitting the Collier County Public Library to apply for State Aid to Libraries. OBJECTIVE: Obtain acceptance of the Library Long Range and Technology Plans and current year action plan and signature of the Chairman of the Board of County Commissioners on the attached "FY 2005-2006 State Aid to Libraries Grant Application". CONSIDERATIONS: Collier County Public Library qualifies for State Aid to Libraries under Chapter 257 of the Florida Statutes. The Florida Department of State, Division of Library and Information Services administers this program. The Application, Long Range Plan, Technology Plan and the current year action plan are requirements to receive the Sate funding. The Board has approved submission of the Application for State Aid and associated contracts and documents for over two decades. State Aid for FY 2006 was anticipated in the County's FY 2006 budget as Library Grant Fund (129) revenue. State Aid is available to Florida public library systems that qualify as a result of meeting minimum requirements as stipulated in F.S. Chapter 257 and Chapter IB-2 Florida Administrative Code. The grant amount is calculated by means of a formula that considers: (1) ...--. the amount of local funds appropriated for the Library adjusted by a factor based upon the amount of revenue one mill levy in the jurisdiction would generate, (2) the number of library systems in Florida that qualify in a given year, and (3) the total amount made available by the State Legislature to improve library services within the State, and is intended to supplement, rather than replace, local effort towards that end. State Aid may not be used to fund capital construction. It may be used for operating purposes and equipment. FISCAL IMPACT: State Aid was included as anticipated revenue (estimated $375,000) in the FY 2006 Library Grant Fund (129). The actual amount likely to be received may be slightly more or less. A budget amendment will be prepared to authorize the expenditure of the difference once a final figure is available. Funds that result from this particular application will not arrive until FY 2005-2006. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends that the Board accept the Library Long Range and Technology Plans and the current year action plan, and authorize the Chairman to sign the application for State Aid, and approve submission to Florida Department of State, Division of Library and Information Services. Prepared by: Kathleen Teaze, Assistant Director ,- Item Numb<<: Item &ummlry: MHllnG D"': Agenda Item NO.1 6D3 Septembar 13, 2005 Page 2 of 31 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS 1603 Recommendation to 8ccept the UbflllfY Long Rengt;l fmd Technology Plana Bnd the current year Action ~an Inclauthorize the Chairmen to .ign the FY 2005.2006 Stale Aid to Ubralies GrDnt Applloation pcnnlttlng thP. Collier County Put.tlic Ubrllry to apply lor State Aid to Uhnules 9/1 ~'2005 9:00:00 AM A...lst8nI0ire<:tor Dale Prepared By KathlMn TeaJ:e Publle Servicew L1br.y 8/2412005 3:1$l;:W PM library M&lstant Director Dale Approved B)' Marilyn Matthes Public SGlVi(:et, Library 812:612Q05 4:40 PM Marlene J. Ftlord Granm CQord~nlltor Dale 8/2eI200!' 10:21 AM Appro\'Cd B)' Adlulnltrtratlve hr."I<l".... AdmlnlstratlvlO" SCl'r'lICC5 Admin. Kathy Carptllnt.r EX(lIQutivo Socrotary D... 812612005 1:01 PM Approved By Public: Services PubBc: S.rvices. Adm~n. MariA RatMey Public: 5erviCtl5 Administrator Date Approved By PUlllic Servicei' Publlr; Servfcea Admin. 6129120054:52 PM Appruved B)' OM8 Caordinator County Man..ger'lI Office Admlnistnrt!vto As.istant Oate G:aryA.V[mlent om~ of Ma,,,,.gernent & Budget 8/301200510:54 AM Apllrond B)' County Manager" Offioll Manllgtfment & Budget Analy.t OffIce of Management & Budget Dolo 9/1/200611:09 AM MichacH Smytl.owlkl Dal. Approved By County Manager" Office MlnagGnliI!Int & Budget Oil'tlletor Officill' of Ml1nogoment & Budgot 911/20051:55 PM Appru\'cd B~' Jal'l"lOs V. Mudd Board of County Commiulon81'$ County MllInlg&r Dal. County Manat:Jer'. Offtco 11:/1(2005 8~45 PM Agenda Item No. 16D3 September 13, 2005 Page 3 of 31 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FY2005-2006 STATE AID TO LIBRARIES GRANT APPLICATION File by October 1, 2005 Check One: X Single County Library Municipal Library County Participating in a Multicounty Library The Board of County Commissioners, Collier County Florida (name of library governing body) governing body for the Collier County Public Library (name of county or municipal library) Complete either Section 1A or 1 B as applicable. 1 A Certification of Local Operating Expenditures We hereby certify that the following total funds from local sources were expended centrally during the fiscal year beginning October 1,2003 and ending September 30, 2004 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds expended centrally by the library for the operation and maintenance of a library between October 1, 2003 and September 30, 2004. L7,260,540 Agenda Item No. 16D3 September 13, 2005 Page 4 of 31 Library Name: Collier County Public Librarv 1 B Certification of Local Operating Appropriations (Complete this section onlv if the applicant is a newly established public library in the first two years of operation.) We hereby certify that the following total funds from local sources are appropriated to be expended centrally during the fiscal year beginning October 1, 2005 and ending September 30,2006 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds appropriated to be expended centrally by the library for the operation and maintenance of a library between October 1, 2005 and September 30, 2006. ~ 8,091,300 SIGNATURES: Single Library Administrative Head Library Finance Manager Typed Name Typed Name Date Date FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES Agenda Item No. 1603 September 13, 2005 Page 5 of 31 EXPENDITURE OR APPROPRIATION REPORT Library Name: Collier County Public Library II. Check Applicable _X_ Expenditure Report - October 1, 2003- September 30, 2004 _ Appropriation Report - October 1, 2005 - September 30, 2006 (Provide appropriation onlv if the applicant is a newly established public library in the first two years of operation.) EXPENDITUREI FUNDING OR REVENUE SOURCES: TOTAL APPROPRIATION CATEGORY LOCAL STATE FEDERAL OTHER 10 Personal 5,004,082 N/A N/A N/A 5,004,082 Services 30 Operating 1,346,496 242,068 N/A N/A 1,588,564 Expenses 60 Capital Outlay 909,962 141,609 N/A N/A 1,051,570 (Non-Fixed) Other N/A, N/A N/A N/A N/A Total for the 7,260,540 383,677 N/A NA 7,644,217 operation & maintenance of the library (Record this amount on page 1) 60 Capital Outlay 248,486 N/A N/A N/A 248,486 (Fixed, including purchase or construction of a library building or quarters) Agenda Item No. 16D3 September 13, 2005 Page 6 of 31 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES 2005.2006 STATE AID TO LIBRARIES GRANT APPLICATION Certification of Credentials. Single Library Administrative Head File by October 1, 2005 The Board of County Commissioners. Collier County Florida (name of library governing body) governing body for the Collier County Public Librarv (name of library) hereby certifies that the incumbent single library administrative head, Marilyn K. Matthes (name of incumbent) . Has completed a library education program accredited by the American Library Association; and . Has at least two years full-time paid professional experience, after completing the library education program, in a public library that is open to the public for a minimum of 40 hours per week. Signature ATTEST: DWIGHT E. BROCK, Clerk COMMISSIONERS, By: BOARD OF COUNTY Deputy Clerk COLLIER COUNTY, FLORIDA. By: FRED W. COYLE, Chairman Approved at to form and legal sufficiency: By: Assistant County Attorney Date Agenda Item No. 16D3 September 13, 2005 Page 7 of 31 Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) Board of County Commissioners. Collier County. Florida (Name of library governing body) Governing body for Collier County Public Library (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the GRANTEE expends a total amount of State awards (Le., State financial assistance provided to the GRANTEE to carry out a State project) equal to or in excess of $500,000 in any fiscal year of such GRANTEE the GRANTEE must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.550, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the Florida Department of State, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Section e, paragraph 1, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. If the Grantee expends less than $500,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Agenda Item No. 16D3 September 13, 2005 Page 8 of 31 Statutes, is not required. In the event that the GRANTEE expends less than $500,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (Le., the cost of such an audit must be paid from GRANTEE funds obtained from other than State entities). f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. Agenda Item No. 1603 September 13, 2005 Page 9 of 31 g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. i. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. rn. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice Agenda Item No. 16D3 September 13, 2005 Page 10 of 31 shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE THE DIVISION ATTEST: Florida Department of State Division of Library and Information Services COLLIER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS, By: Typed Name FRED W. COYLE, Chairman Date By: Witness Deputy Clerk Date Approved at to form and legal sufficiency: By: Assistant County Attorney Agenda Item No. 16D3 September 13, 2005 Page 11 of31 COLLIER COUNTY PUBLIC LIBRARY Long Range Plan 2004 - 2009 Technology Long Range Plan 2004 - 2007 September 2005 Agenda Item No. 16D3 September 13, 2005 Page 12 of 31 INTRODUCTION The Collier County Public Library is required by the State Library of Florida to develop and update a planning document that clearly delineates the Library's role in Collier County. This long-range plan needs to be updated on an annual basis, and is to include the long-range plans for services, facilities and technology. It also includes the 'current year action plan' that emphasizes projects for FY06. The Long-Range Plan for Technology is also required in order for the Library to receive Federal E- Rate funds. The following document has been developed to meet these requirements. Collier County Public Library Long Range and Technology Plan . September 2005 2 Agenda Item No. 1603 September 13, 2005 Page 13 of 31 I. MISSION STATEMENT The Collier County Public Library will systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non-print materials, and services for the informational, educational, recreational and cultural needs of the residents of Collier County. Additionally, the Collier County Public Library will provide courteous, knowledgeable and effective customer service in meeting the informational, educational and recreational needs of our community that exceeds expectations. II. BACKGROUND INFORMATION The Library Advisory Board and the Board of County Commissioners approved the last Long Range Plan, in 2003. Annually, they have also approved the Current Year Action Plans to maintain the plan. Also approved as part of the Long Range Plan, was the concept of Regional Libraries for Collier County. Regional Library Services Centers 'were intended to provide a wider range of library coverage to a heavily populated area or to clustered geographical areas within a fast growing or changing population base. The idea was to replace the need for several dependent neighborhood branches with one independent Regional Library Service Center, thus reducing the system's overall operating costs.' 'In the standard American model, a neighborhood branch should provide 0.6 square feet of space per capita for the identified population, have a service area not exceed a 3 mile radius, and be staffed by 1 professional for each 10,000 people served, with 3 non professional positions supporting the professional slot. The branch should own 2 books per capita and provide 6 day service. While this definition is somewhat static, it has been the basic model used by the Library profession for the past 15 years. It has for much of the country been efficient, effective and highly useful in creating a network of public Libraries which are unrivaled in the world.' (CCPL, Long Range Plan 1996: The Role of Regional Libraries in a Developing System, p. 22) 'Using standards for full service Library centers advocated by Joseph Wheeler and Herbert Goldhor in their work 'Practical Administration of Public Libraries, the Kansas City Libraries developed the following standards for its Regional Libraries:' Population of Service Area 40-70,000 Service Area 5 mile radius Location Heavy traffic area or large grocery stores Size 15,000 - 25,000 square feet Hours Minimum of 69 hours per week Parking 100 spaces Collection Size 50,000 - 75,000 volumes Seating capacity 125 - 150 seats Staffinq 4 professionals, 12 non-professionals (Collier County Public Library, Long Range Plan 1996: The Role of Regional Libraries in a Developing System, p. 23) Collier County Public Library Long Range and Technology Plan . September 2005 3 Agenda Item No. 16D3 September 13, 2005 Page 14 of 31 Also as part of this Long Range Plan, the Library Advisory Board and the Library Director described Collier County Public Library as a three-tiered system. The first tier is the Central facility, or the Headquarters Library. It is maintained and modernized, and functions as the reference center and as a repository for the Library system. The second tier is composed of two Regional Centers, one in the northern part of the county and the other in the southern part of the county. Each regional center would be large enough to handle the growing populations in these areas, yet would have 25% - 30'}'o less staff than several neighborhood branch libraries. And the third tier is composed of the neighborhood and community branches of Vanderbilt Beach, Estates, Golden Gate, Everglades City, Marco Island, East Naples and Immokalee Branch Libraries. These neighborhood facilities will remain stable, but no new neighborhood libraries will be constructed. When the South Regional opens, the East Naples Branch could be moved or eliminated, depending on population growth in that part of the County. Since the LRP was adopted in 1996, the North Regional Library was built on Airport-Pulling Road and Orange Blossom Drive. The Board of County Commissioners designated it as the Headquarters Library, transforming the former Headquarters Library on Central Avenue into Naples Branch. Circulation of the new Headquarters Library has exceeded all expectations, and surpasses each month the circulation of the Naples Branch. Current State of the Library: Circulation of the system is expected to approach the 3 million mark in FY05, and perhaps exceed it in FY06. Year-round Sunday hours were implemented in FY04 at the Headquarters Library. The Naples Branch will continue with Sunday hours only January through Easter. Thirty professional librarians and 82 support staff provide service at 9 library locations. Generous volunteers donate the equivalent hours of over 10 full-time employees annually. Library funding comes from local property taxes, impact fees paid by new construction, State Aid to Libraries, occasional Library Services and Technology grants, E-rate reimbursements for technology expenditures, Friends of the Library donations, and gifts from individuals. The Library competes with other county government agencies for funding, but has enjoyed strong support of County Administration and the Board of County Commissioners for the last 10 years. The Library participates in the Southwest Florida Library Network (SWFLN), taking advantage of the many continuing educational programs offered. Reciprocal borrowing agreements enable Collier residents to use libraries in other parts of Southwest Florida that they would normally have to pay to use. The 'Anywhere Anytime Library', through SWFLN and the Tampa Bay Library Consortium (TBLC), enables Collier residents to directly request books from Tampa area libraries and from libraries throughout south Florida. The State Library of Florida's' Virtual Library' project greatly enhances the information options for Collier residents. The funding of the statewide information databases, include Gale's Info Trac enable Collier residents to research magazine articles from their homes and offices, as well as from Library computers. Collier County Public Library Long Range and Technology Plan . September 2005 4 Agenda Item No. 16D3 September 13, 2005 Page 1 5 of 31 Collier County Public Library Compared to Florida Libraries"'''' "" Standard: 1 professional and 3 non-professionals per 10,000 citizens. (ALA) ""* FY04 Statistics at: http://dlis dos state fl us/bid/research office/2004LibrarvDirectorv/ E ... ... eS "C Gl Gl Gl .! fIl Q. Q. e III .- "C fIl c: c: c: ::I Q. ... fIl C:... fIl c: >-l;' 0 :l III ... 0 o Gl crill o Gl GlOGl .2 l/) c: := :t:~ !. i ;:. fIl U ... Gl E ... Gl ~::I III "CQ. .!!! 0 ~... CIl >- Ea!>- 1ii '3 c: III ~.l!l - III III !. .c 0 o.c.s! '3 III 0 !.~ ::I... ::l- Ea. ...0 Q. o .- U '- U Q. ...... U E Q. U :5!>- 0 K CIl o Q. ... Q. .: E .c Gl ::I E a! :l E ... l%l ~ .- III .- a! (3 ...I.c ll.. wo.. Ou Oa! ...I... ZGl 0:: c: Gl Osceola 210,438 24.75 1.64 2.96 6,498 0.41 96 84.18 623,850 St. Lucie 211,898 16.65 1.47 3.43 9,831 0.30 73.5 84.76 722,581 Alachua 231,296 39.73 3.24 11.44 14,315 0.58 185.55 92.52 2,656,318 Leon 255,500 21.84 2.1 7.92 18,475 0.47 109.5 102.20 2,023,032 Collier 292,466 21.84 1.83 9.53 26,618 0.43 104.75 116.99 2,788,262 Manatee 286,884 19.02 1.27 5.37 19,944 0.34 77.25 114.75 1,540,748 Sarasota 348,761 22.42 2.4 8.53 19,787 0.52 150.34 139.50 2,974,823 Pasco 375,318 15.41 1.43 5.21 17,236 0.27 113.5 150.13 1,956,352 Volusia 470,770 20.41 1.7 9.91 26,346 0.49 177 188.31 4,663,256 Lee 495,088 44.42 2.02 7.33 16,307 0.39 222.5 198.04 3,628,490 Brevard 507,810 28.47 2.26 8.48 15,806 0.71 272.36 203.12 4,305,038 The Library has been challenged by the tremendous growth of population in the County. As is apparent from the following chart, the Library plans must include the seasonal population, as well as the year-round residents. FY95 FY96 FYOO FYOl FY02 FY03 FY04 FY05 Population'" 186,504 193,036 235,645 257,926 270,667 299,479 314,160 328,700 Peak Season Population'" -- -- 350,744 367,605 384,276 405,623 424,740 443,673 Weighted Average Population'" -- -- 288,556 302,656 316,649 334,506 350,651 366,641 Circulation 1,327,267 1,553,568 2,102,388 2,281,400 2,485,314 2,791,638 2,900,000 3,000,000 · Population Statistics: Collier County Comprehensive Planning Section Collier County Public Library Long Range and Technology Plan . September 2005 5 Agenda Item No. 16D3 September 13. 2005 Page 16 of 31 III. Library Roles Using the Public Library Development Program 'Planning & Role Setting for Public Libraries' the Library has identified three major service roles that it plays in the community. They have been, however, modified to fit the needs of local residents. These roles are: A. Popular Materials Library for many people, reading is an important recreational activity. The Public Library must feature a wide selection of current, high demand, high interest materials in a variety of formats for users of all ages. The Library must also actively promote and encourage the use of these resources. B. Children's Door to Learning and Reading Enjoyment The Library encourages young children to develop an interest in reading and learning through our children's services departments, providing programs, materials and activities for parents, children, and child-care providers. C. General Information Center, including Reference, Information and Referral, and Literacy The Library actively provides timely, accurate, and useful information for community residents in their pursuit of job-related and personal interests. Programs include regular reference desk service, telephone and e-mail reference, an I & R program, and literacy programs. IV. Goals and Objectives GOAL 1: Customers will be able to request assistance of a well-trained Library Staff to provide service needed. A. Popular Materials Role Staffing Objectives: 1. Increase circulation staff to meet level recommended by American Library Association: 1 professional and 3 paraprofessionals per 10,000 citizens. 2. Provide on-going training and career path incentives for all employees. 3. Evaluate salaries and request adjustments with Human Resources. 4. Work with Friends to provide funds for continuing education. 5. Ensure salaries are within appropriate market ranges. 6. Provide customer service training. 7. Provide volunteer opportunities and training. 8. Provide automation support for patron accounts and remote access. B. Children's Door to Learning and Reading Enjoyment Staffing Objectives: 1. Provide at least one children's staff member at each location, with major children's departments staffed at appropriate levels. 2. Provide on-going training and career path incentives for all employees. 3. Evaluate salaries and request adjustments with Human Resources. Collier County Public Library Long R.ange and Technology Plan . September 2005 6 Agenda Item No. 16D3 September 13, 2005 Page 17 of 31 4. Work with Friends to provide funds for continuing education. 5. Ensure salaries are within appropriate market ranges. 6. Provide customer service training. 7. Provide volunteer opportunities and training. 8. Provide automation support for children's computers and audiovisual needs. C. General Information Center, including Reference, Information and Referral, and Literacy Staffing Objectives: 1. Increase professional staff to meet level recommended by American Library Association: 1 professional and 3 paraprofessionals per 10,000 citizens. 2. Provide on-going training and career path incentives for all employees. 3. Evaluate salaries and request adjustments with Human Resources. 4. Work with Friends to provide funds for continuing education. 5. Ensure salaries are within appropriate market ranges. 6. Provide customer service training. 7. Provide volunteer opportunities and training. 8. Provide training in use of legal resources. 9. Provide specialized genealogical training. 10. Provide adequate support for Literacy and I & R programs. 11. Provide policies to manage resources, such as Internet policies, security policies. 12. Provide reference training for non-reference librarians. GOAL 2: Customers will have access to adequate library materials to meet their educational, recreational and informational needs. A. Popular Materials Role Materials Objectives: 1. Budget will support purchase of materials in sufficient quantities to ensure that patrons do not experience excessive waits for materials. . Additional popular materials will be purchased when there are more than 5 requests for each title owned by the library. 2. Library will continue to participate in the Anywhere Anytime Library. 3. Library will start patron-initiated Interlibrary Loans via an on-line request form. 4. Library will continue to participate in SWFLN's Reciprocal Borrowing project. 5. Library staff will publicize 'Net Library'. 6. Library staff will continue to offer classes in using the Library's on-line database resources. 7. The library will explore new formats of materials as they are available and consider discontinuing obsolete formats when appropriate. Collier County Public Library Long Range and Technology Plan . September 2005 7 Agenda Item No. 16D3 September 13, 2005 Page 18 of 31 8. The library will provide security and inventory control of materials to the extent that funding is available. 9. Circulation policies will facilitate use by the public. 10. Periodicals and newspapers will be available for the public. 11. Purchasing priorities will support use of popular materials. 12. Mail-a-book, jail programs and nursing home programs will provide appropriate materials to their audiences. 13. Community-specific collections will be considered. 14. Adult programming will enhance use of and encourage use of library materials. 15. Data-stream enhancements to the public web page will be considered. B. Children's Door to Learning and Reading Enjoyment Materials Objectives: 1. Children's programming will enhance and encourage use of library materials. 2. Budget shall provide new and replacement books for children at least equal to their overall circulation within the system. 3. Children's staff members will visit local schools, providing information and encouragement to visit public libraries. 4. Electronic resources for children will be provided in every library. 5. Children's website will be maintained with current program information. 6. Staff will use website to market services and materials to children, their parents and caregivers. C. General Information Center, including Reference, Information and Referral, and Literacy Materials Objectives: 1. Provide adult and reference programs that enhance and encourage the use of library materials. 2. Ensure timely receipt of current reference materials. 3. Ensure reference materials are available, either in print or through on-line resources. 4. Evaluate the growth management criteria for books per capita. 5. Ensure materials to support literacy programs are available. 6. Market services such as Anywhere Anytime Library, Interlibrary Loan, Information & Referral. 7. Ensure collection security. GOAL 3: Customers will find adequate facilities and equipment at all libraries. A. Popular Materials Role Facilities Objectives: 1. Library facilities will meet the growth management requirements. Collier County Public Library Long Range and Technology Plan . September 2005 8 Agenda Item No. 1603 September 13, 2005 Page 19 of 31 2. Impact fee revenues will be sufficient build facilities and renovate existing ones. 3. Facilities will be safe, welcoming, and well-maintained buildings. 4. Library will budget for building repair and maintenance. 5. The automation equipment and infrastructure will support the needs of patrons and staff. 6. Funds will be budgeted to replace equipment according to schedule. 7. New technologies will be considered to replace existing infrastructure. 8. New facilities will be planned for high growth areas. 9. Assistive devices will make library facilities and materials easier for all to use. 10. Size and quantity of delivery vehicles will be adequate to transport materials and equipment as needed. B. Children's Door to Learning and Reading Enjoyment Facilities Objectives 1. Adequate office space will be provided for children's staff in new facilities. 2. Program facilities will be provided for children's programs at new and renovated facilities. 3. Children's-use computers will be available at all facilities. 4. Library will maintain vehicle to be used in children's outreach programming. C. General Information Center, including Reference, Information and Referral, and Literacy Facilities Objectives: 1. Naples Branch book collections and reference departments will be 'more user friendly'. 2. An automated Internet and printing control system will be considered. 3. Budget plans for replacing the Gates computer lab will be made. 4. Literacy workstations will be added where appropriate. 5. Additional equipment will be considered for public relations and marketing. 6. Appropriate equipment will be provided for Immokalee's I & R program. 7. Reference will consider appropriate distance software to expand services. 8. Drive-up windows will be considered for new construction. Collier County Public Library Long Range and Technology Plan . September 2005 9 Agenda Item No. 1603 September 13, 2005 Page 20 of 31 FY 05 CURRENT YEAR ACTION PLAN Collier County Public Library In FY06, the Library will concentrate on the following: . Implement new library automation system. . Provide on-going training and career path incentives for all employees. . Develop part 2 of the Customer Service Training Program. . Start sending reserve and overdue notices via e-mail. . Schedu Ie staff to attend ALA conferences. . Provide public and staff training in use of legal databases. . Start promoting use of the Anywhere Anytime Library. . Promote patron-initiated Interlibrary Loans through on-line catalog. . Continue public programs. . Feature Children's website in library programs. . Finalize plans for expansion of Golden Gate Branch Library. . Continue rearranging Naples Branch Library shelves and collections. . Encourage staff to take advantage of training opportunities with SWFLN and the County. . Begin building plans for South Regional Library. . Write building program and grant for South Regional Library. . Review Library Policies. . Start PLA Planning Process. Collier County Public Library Long Range and Technology Plan . September 2005 10 Agenda Item No. 1603 September 13, 2005 Page 21 of 31 Collier County Public Library TECHNOLOGY LONG RANGE PLAN September 2005 I. Introduction In order to maintain a competitive position in the area of information and to provide a high standard of public service, Collier County Public Library must offer a wide range of electronic services, as well as traditional print and audiovisual services. This Technology Plan is intended to supplement the Library's Long Range Plan, October 2004, as well as provide guidance in planning for electronic information services, appropriate hardware, software, and telecommunications infrastructure to deliver these services. II. Library Vision Statement The Collier County Public Library recognizes the growing importance of technology in the provision of information services to our customers. With technological innovations, the Library can more readily provide access to a select collection of print and non-print materials, and services for the informational, educational, recreational and cultural needs of the residents of Collier County. Customers will be able to access, exchange, and analyze information readily from electronic sources, which accommodate different learning styles. The Library also recognizes that not all users are comfortable with technology, and seeks to provide appropriate services to all users. III. Library Mission Statement The Collier County Public Library will systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non-print materials, and services for the informational, educational, recreational and cultural needs of the residents of Collier County. Additionally, the Collier County Public Library will provide courteous, knowledgeable and effective customer service in meeting the informational, educational and recreational needs of our community, and will strive to exceed community expectations. IV. Information Technology Assessment A. Current Inventory of Equipment and Services 1. Current Computer Inventory a. Staff Computers - b. Public Use Computers - c. Children's Computers - d. Gates Computer Lab - e. River Park Computer Lab - f. Literacy Computers - 126 101 11 14 10 4 Collier County Public Library Long Range and Technology Plan . September 2005 11 Agenda Item No. 16D3 September 13, 2005 Page 22 of 31 2. Telecommunications Services and Internet Access . Internet service through A TM line to Headquarters . T1 Frame Relay connections to Naples, Vanderbilt Beach, Immokalee, Estates, Golden Gate, East Naples, and Marco Island Branches . 128 KB Frame Relay to Everglades City . 256KB Frame Relay to River Park . Point-to-point T1 to County from HQ . 128 KB Frame Relay to County from Naples Branch 3. Network Equipment Servers: Gateway 7400 HP Proliant DL-360 (2) Gateway 6400 DEC Alpha 1 200 DRA Dell PowerEdge 1 600 Gateway ALR-7200 HP Netserver LH3 Sna p 1 1 00 Server Gateway ALR-7200 Routers: Cisco 2600 Cisco 4000 Cisco 25xx Internet ATM router WAN Router - Branches connect here Each Branch has this router Switches: Cisco Catalyst 3500 (2) Cisco Catalyst 3550 Netgear FS750T2 Netgear FS526T Netgear FS526T 24 port 24 port 48 port 24 port - for Servers (Firewall "Outside") Each Branch has one of these switches (NB has 3) Firewall: Cisco PIX 515-E 4. Internal connections All libraries currently have adequate internal data wiring and electrical service. As new facilities are built, CAT 5 (or current standard) wiring is specified in construction documents. Fiber and wireless are being considered. As computers are added to a facility, automation staff evaluates the level of frame relay service and recommends increases as needed. 5. Other Technologies . Satellite receiver at Naples Branch . POTS services to all library locations Collier County Public Library Long Range and Technology Plan . September 2005 12 Agenda Item No. 16D3 September 13, 2005 Page 23 of 31 B. An Assessment of the Telecommunications Services, Hardware, Software, and other Services: All libraries currently have adequate internal data wiring and electrical service. As new facilities are built, CAT 5 or current standard wiring is specified in construction documents. Fiber and wireless are being considered. As computers are added to a facility, automation staff evaluates the level of frame relay service and recommends increases as needed. All areas of the library are using technology to a major extent. All cataloging, circulation, reference, interlibrary loan and administrative functions make extensive use of technology. Staff has emphasized providing services via the Library's web page. Patrons can use the web page to check on materials on loan; to renew materials; to reserve materials; and to view program schedules, hours, locations, and make comments. Additionally, patrons may ask reference questions and request interlibrary loan materials via the web page. The Library also sends out an electronic newsletter to those who indicate they would like to receive it. All library locations provide public Internet access and access to commercial databases, via filtered workstations. Separate computers are provided for patron access to the library catalog, to ensure they are available when needed. The Library does not use any PC management software or print management services. These products will be considered when shopping for a new automation system. The Library is eager to implement self-check-out stations-also a project to consider when evaluating new automation systems. The Library has a computer lab at the Estates Branch Library, funded by the Gates Foundation. The full Microsoft'TM Office Suite of Programs and educational games are available for use in the lab, as well as Internet access and hands-on classes in computer usage. River Park Community Center also has a computer lab for the public to use. The computers were funded by a State Library grant, in cooperation with the City of Naples and the Macedonia Missionary Baptist Church. Since the Center is only a few blocks from the Naples Branch Library, staff refers the public to the Center for word processing and similar uses not available at the Naples Branch. The Library continues to provide frame relay support to this computer lab, and Library Staff members teach classes there. The recently purchased and soon to be implemented second generation ILS is Innovative Interfaces, Inc. This fully integrated and cutting edge system considerably broadens the abilities of staff to serve the public. C. Professional Development: All staff members receive training in using the Library's equipment and resources. All new hires go through an orientation that includes a technology assessment. Training is partially planned based on this assessment. Staff members receive specific training in using technology in their primary job assignments from their supervisors or the supervisor's designee. Collier County Public Library Long Range and Technology Plan . September 2005 13 Agenda Item No. 16D3 September 13, 2005 Page 24 of 31 Formal continuing education training is required and encouraged for all levels of employees. The Library assumes all expenses incurred to provide job related training to all employees. Training is available through: . Collier County Information Technology Department . Southwest Florida Library Network . Element K, on-line tutorials . Staff taught workshops . Reference Department Classes Classes include using the Internet, setting up e-mail accounts.using Genealogical resources, commercial databases, First Search, Anywhere Anytime Library, Excel, Word, and others. Generally, most library staff members are capable of using technology to the extent required by their jobs. As in any organization, some are more comfortable with technology than others. Sometimes the public expects staff to 'know everything there is to know' about computers and the Internet. Unfortunately, staff does get frustrated when the public has this expectation. Staff provides as many classes in the use of technology as possible, taking into consideration that all have other responsibilities. The Library has implemented a tracking method to better judge the quantity of technology training provided to staff and their participation. FY2004 is the base year for collecting this information. Staff will be able to use the information to better provide staff training in the future. C. Current budget The Library is governed by Collier County, with the majority of operating funds coming from local property taxes. In addition, the Library generally qualifies annually for State Aid to Libraries. Construction and library books are paid for with Impact Fees that are imposed on new residential construction to help pay for 'infrastructure'. The Library also receives generous donations from the local community and the Friends of the Library. In FY05-06, the Library qualified to receive over $in E-rate support. These funds will be used to purchase additional computers and peripheral equipment and to update software as needed. Technology Related Budget for FY06 October I, 2005 - Se tember 30, 2006 M~lnfe"a6c~ bafaI8lio'"e;;!l1ines st'ffliii'Pralnin'. $60,000 $104,000 $35,000 Collier County Public Library Long Range and Technology Plan . September 2005 14 Agenda Item No. 16D3 September 13, 2005 Page 25 of 31 D. Needs Assessment The library has purchased a new ILS, Millennium from Innovative Interfaces, Inc. scheduled for implementation during fall of 2005 and winter of 2006. The second need is to ensure that the frame relay network will continue to support circulation functions at all nine of our locations. Networks at all of the remote locations have been upgraded as data transfer rates have slowed down. This process will continue to be done, but the Library needs to evaluate other options in providing networked services The Library network is completely separate from the County's computer networks, and is operated by librarians who are interested in technology and are largely 'self-taught', not by technology specialists. Minimal assistance is available through the County's Information Technology Department. With the assistance of IT and Purchasing, the Library will seek a network professional to provide this kind of information. Migration to the new ILS system is the technology priority for FY 06. Staff and public-use computers are being replaced with new models; additional laptops are being purchased to use in staff and public computer classes; and training is being planned for those staff needing to improve general personal computer skills. The County IT Department is actively sharing information with the Library staff. We believe equipment, funding, and training are all in place to ensure a successful year that includes implementation of the new library automation system. V. Technology Goals and Objectives and Timeline for Implementation A. To provide the most appropriate electronic information delivery system for patrons. 1. FY05 . . . . . . . . 2. FY06 . . . . . . . 3. FY07 . Migrate date and implement new library automation system. Evaluate commercial databases offered to the public. Evaluate usage statistics of current database subscriptions. Survey public on their needs. Provide public training on use of commercial databases. Continue to provide special training programs for other County departments and school students in use of commercial databases. Provide public training in use of Library website. Continue and expand staff and public training. Implement any parts of ILS, if not completed. Evaluate commercial databases offered to the public. Evaluate usage statistics of current database subscriptions. Survey public on their needs. Provide public training on use of new automation system. Provide public training on use of commercial databases. Provide public training in use of Library website. Provide public training on use of new automation system. Collier County Public Library Long Range and Technology Plan 'September 2005 15 Agenda Item No. 16D3 September 13, 2005 Page 26 of 31 . Provide public training on use of commercial databases. . Evaluate commercial databases offered to the public. . Evaluate usage statistics of current database subscriptions. . Survey public on their needs. . Provide public training in use of Library website. B. To evaluate and purchase new and changing technology to meet public demand. 1. FY05 . Explore and implement new options as we install a new automation system. . Consider Internet and print management systems. . Purchase self-checkouts for the larger locations. . Consider and evaluate thin clients and wireless. . Evaluate any data line options made available through the county network. 2. FY06 . Continue to maximize new automation system. . Publicize e-book products. . Evaluate circulation of laptops and e-book readers. . Add self-checkout stations to smaller branches. 3. FY07 . Review any technology innovations or trends. . Consider RFID (Radio Frequency Identifcation) for circulation. . Ensure all libraries have self-check out stations C. To connect to relevant information sources outside the library. 1. FY05 . . . . 2. FY06 . . . . 3. FY07 . . . ,,_., Evaluate commercial databases offered to the public. Evaluate usage statistics of current database subscriptions. Survey public on their needs. Participate with any State Library selection process. Evaluate commercial databases offered to the public. Evaluate usage statistics of current database subscriptions. Survey public on their needs. Work with any State Library projects, such as AAL or Virtual Reference. Evaluate commercial databases offered to the public. Evaluate usage statistics of current database subscriptions. Survey public on their needs. Collier County Public Library Long Range and Technology Plan . September 2005 16 Agenda Item No. 16D3 September 13, 2005 Page 27 of 31 D. To train staff and educate the public in all forms of electronic information literacy. 1. FY05 . . . . . . 2. FY06 . . . . . . . 3. FYO? . . . . . VI. Budget Planning Provide public training on use of commercial databases. Continue to provide special training programs for other County departments and school students in use of commercial databases. Provide public training in use of Library website. Provide hands-on classes at Estates Lab, River Park Lab, and Immokalee Lab. Add training classes on use of WestLaw and LexisNexis databases. Keep separate statistics on technology training for staff and the public. Provide public training on use of commercial databases. Continue to provide special training programs for other County departments and school students in use of commercial databases. Provide public training in use of Library website. Provide hands-on classes at Estates Lab, River Park Lab, and Immokalee Lab. Continue training classes on use of WestLaw and LexisNexis. Add any training classes for new database subscriptions. Evaluate training statistics and use to develop new programs. Provide public training on use of commercial databases. Continue to provide special training programs for other County departments and school students in use of commercial databases. Provide public training in use of Library website. Provide hands-on classes at Estates Lab, River Park Lab, and Immokalee Lab. Add any new, relevant training classes for both the public and staff. Budget requests to Collier County are reviewed on an annual basis. These requests generally reflect a 4-6% annual increase. The software and equipment budget was significantly higher in FY05 to provide funds for purchase of an automation system. The Library then will make an additional budget request to the County, or redirect existing funds to the project. Projected Technology Related Budget for FY05. FY06. FYO? $oftWcih~'& pqtqzrh2h~.....~~b~~ ~fgU:;.rf9Jp.iri9 FI~e~'fY~Q~ sijJif~ffii~rir M~intt"d~e~ FY05 $288,200 $80,000 $104,000 $35,000 FY06 $200,000 $106,000 $ 200,000 $52 ,000 FYO? $180,000 $112,000 $236,000 $55,000 Collier County Public Library Long Range and Technology Plan . September 2005 17 Agenda Item No. 1603 September 13. 2005 Page 28 of 31 VII. EVALUATION Evaluation will be based on current quantitative statistics methods, including the number of users of particular services; the number of training sessions and participants; and any new equipment or software purchases. Costs, as always, are tracked through the normal County budgetary process, and are reviewed monthly to ensure the budget is maintained. Information transfer rates are also tracked via systems software, with staff reviewing data monthly. Qualitative information shall be gathered through class evaluation forms and current on-line and in- person comment activities. Class surveys are conducted for every program the Library presents. The Library also records technology outcomes data through both formal and informal methods. User surveys are initiated annually. The automation and other software track usage on a daily basis. Reports are evaluated to ensure the Library is purchasing materials that users want and that staff can assist patrons in using the materials provided. Automation and administration staff on a monthly basis reviews both quantitative and qualitative information. Class surveys are reviewed as new classes are scheduled. Decisions are made on the basis of this information-though changes requiring significant costs may have to wait for the next budget cycle. VIII. STAFF RESPONSIBLE FOR ACTIVITIES, ANTICIPATED STAFF NEEDS, AND REDEFINING STAFF RESPONSIBILITIES Library automation staff members are responsible for much of the quantitative monitoring. Reports are provided to Library Administration on a monthly basis. This department consists of three employees: . The Library Automation Specialist is responsible for running the automation system and network; . Tech Support Professional is responsible for ordering equipment and supplies, installing software on the desktop, assisting with training: . The Library Technology Specialist is responsible for trouble shooting pes and installing software at the direction of the Tech Support Professional. They also make recommendations for equipment upgrades, test specific software and hardware, and evaluate new products. Library Reference and Branch librarians evaluate new software and hardware, making purchasing recommendations to Library administration. They are also informally evaluating new automation systems. When vendors are invited in for demonstrations, they will be included. These staff members provide the core of public and staff training on the use of the Library's web page, the commercial databases, and the Internet. Collier County Public Library Long Range and Technology Plan . September 2005 18 Agenda Item No. 1603 September 13, 2005 Page 29 of 31 Technical Services librarians and paraprofessionals also provide evaluations of new software prior to purchase. They will be closely evaluating the cataloging functions of potential automation vendors. The Assistant Library Director evaluates the information from staff and reviews the budget and options with the Library Director, making the decisions on what is to be purchased or discontinued. As the need for additional staffing becomes apparent through the use of the evaluations listed above, the Library Director recommends to the Board of County Commissioners and the County Manager that staff numbers be increased. The Library has been successful in adding staff in its 12 years of automation experience. Starting with no automation staff in 1992, the automation duties were added to those of the Head Cataloger in 1994. The automation function was separated into a separate position by 1998. The first PC support staff member was added in 2000, and the second PC support staff member was added in 2002. As needs for additional staff members become apparent, we generally wait only six months to add the needed staff. We do anticipate that changing to a new automation system could decrease the amount of management time needed to maintain a modern system, with reporting becoming less cumbersome. If that happens, the position will need to be redefined. Other staff changes anticipated include the addition of Reference Librarians-who are the backbone of the public and staff-training programs. With a relatively small professional staff, we seldom have the luxury of 'wearing only one hat'. Most of the Librarians handle several responsibilities. These are all part of our normal planning processes. IX. Technology Policies Library Staff, the Library Advisory Board and Library Administration review all policies annually. When technology and public needs change, our public use policies are reviewed and revised as needed. Particular attention will be paid in FY06 to compliance with the E-Rate and Patriot Act requirements for technology policies. The Library believes it is in compliance, but will conduct a formal review to ensure that it is. Two new Library Advisory Board Members started their terms in FY04, giving the Library the opportunity to demonstrate and evaluate the policies for people unfamiliar with the requirements. Library Administration further reviews the Goals as the budget process begins in February. Anticipated funds available and anticipated expenses for purchase and maintenance are compared to see if any goals need to be revised. Collier County Public Library Long Range and Technology Plan . September 2005 19 Agenda Item No. 16D3 September 13. 2005 Page 30 of 31 X. Conclusion The use of technology has dramatically changed the way Collier County Public Library does business, as it has for all libraries. Our users are more sophisticated in their ability to use technology, yet we need to still remember that not everyone has reached high comfort zone with technology. We need to provide appropriate services to all of our users, whether it is with technology or not. Technology is one of the ways to provide these services, but is not the end in itself. The provision of information services to meet the 'informational, education, recreation and cultural needs' of Collier County residents is our primary mission. Collier County Public Library Long Range and Technology Plan . September 2005 20 Agenda Item No. 1603 September 13, 2005 Page 31 of31 Signature Page BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney Collier County Public Library Long Range and Technology Plan . September 2005 21 Agenda Item No. 16D4 September 13, 2005 Page 1 of2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment recognizing $35,000 in revenue from the sale of fuel and merchandise at Caxambas Park and appropriating funds for purchase of additional merchandise for resale Obiective: To sell fuel and supplies to the patrons of Caxambas Park Marina. Considerations: The Parks and Recreation Department took over direct operations of Caxambas Park Marina on August 1, 2004. Staff developed a budget for the facility that was submitted and approved as an expanded request for FY 05. Sales of all items continue to exceed staff projections. Staff has prepared a budget amendment recognizing an additional $35,000 in revenue and appropriating funds for the purchase of additional merchandise for resale. Fiscal Impact: Approving this budget amendment will increase the Parks and Recreation Department Beach and Water Operations FY 05 budget by $35,000. Growth Manaaement Impact: No growth management impact is associated with this action. <- Recommendation: That the Board of County Commissioners approves a budget amendment recognizing $35,000 in revenue from the sale of fuel and merchandise at Caxambas Park and appropriating funds for purchase of additional merchandise for resale Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation - Agenda Item No. 16D4 September 13, 2005 Page 2 at 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1604 Recommendation 10 ~pprove fl hudget amendment reGognizing $35,000 in rflvenue from the sale of fuel and merchandise at Ca)(ambas Parlc. and appropriating funds for purchase of additional merclumdise for resale Meeting Date: 9/13.'20059:00:00 AM Approved By Kathy Carpenter Exccutive ~cretary Date Public Services Public Ser....ices Admin Bf29/2oo5 1:18 PM Apllrovcd By Marla Ramsey Public Services Admini15trJJtor Dol. Public Services Public Services Admin. 8(29/2005 4:34 PM A pprllved By Murdo Smith Beach and Water Superintendent Dol. Public Services Parks and Recreation M!9120OS 4:57 PM Approved By OMB Coordinator Administrative Assn>tant Date County Manager's Office Office of Management & Budget 8130/200510:59 AM Allprond By Gary A. Vincent Management & Budget Analyst Date County Manager's Oft'ice Office of Management & Budget 8/311200512:44 PM Apprond By Michael Smykowski Mana~emel1t & Budget Director Dol. County Manager's Office Office or Management & Budget 8f31n005 2:40 PM Approved B~' James V. Mudd County Manager Date Board of County Comml.sr;iomm.l County Manager'$ Office 9/1/20058:30 PM Agenda Item No. 16D5 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award bid #05-3856 for printing of the Recreation Guide to Sunbelt, Inc. at an estimated cost of $50,000 Obiective: To promote Parks and Recreation programming. Considerations: The Parks and Recreation Department prints the Recreation Guide three times a year to promote recreation programming. Bid #05-3856 was posted on June 7, 2005 with invitations to bid sent to 24 vendors. One response was received, from Sunbelt, Inc. Staff has reviewed the quote received and recommends award of bid to Sunbelt, Inc. as the lowest, qualified bidder. Fiscal Impact: Funds are budgeted in the Recreation Programming cost center within the Parks and Recreation budget of the MSTD General Fund (111). Total estimated annual expenditure is $50,000. Growth Manaaement Impact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners awards bid #05-3856 for printing of the Recreation Guide to Sunbelt, Inc. at an estimated cost of $50,000. Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation ,- Agenda Item No, 16D5 September 13, 2005 Page 2 of 3 COLLIER COllNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1605 Meeting Date: Recommendation 10 aWArd bid #05-3856 for printing 01 the Recreation Guide 10 Sllnbel1. Inc Ht an estimated cost of $50.000 9/13/20059:00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Servicetl Admin 8/29/20051:22 PM Approved By Brendit Brilhart Purchatling Agent Date Admini!rtratlve Services. Purchning 6129'2005 3:05 PM Approved B}' Mike Hauer Acquisition Manager Date Administrative Services Purchasing 8129f2005 3:08 PM Apllrovd By Marla Ramsey Public Servioos Admmil1rator Date Public Services Public Services Admin. 6!2Q12005 4:26 PM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 6129/20054:44 PM Approved By Steve Carnell Purchnsing/Genernl Svcs Director Dntc Administrative Servicos Purchasing 8/30120055:12 PM Approved By OMS Coordinator Administrative ASt\istam Date County Manager's Offico Office of Manilgemont & Budget 6131120059:20 AM Apllroved By Gary A. Vincent Management & Budget Analyut Date County Milnager's OffIce Office of Management & Budget U/31!200511:04AM Approved By Michael Smykowski Management & BUdget Director Dnte County Manager's OffIce Office of Management & Budge! flIJ1!200511:08 AM Approved By James V Mudd County Manager Dnte Board of Coullty 9/11;2:005 6:25 PM Commissioners County MIJllo1lger'l> Office ..,. ..... M L.[)l[)(V) 00...... (000 ,-N(V) oc0 (!) z"'" OJ "- CO. . E~o...U (!) Q) :::: ~ co!21l CI.l "D Q, Q) c: \IJl OJ) (!) cp ell OJ'.... ~ <( '0 g Z~ >-, ..0 ;:l ~ bJ) Q) p... ;...: bJ) :8 .- U Il) '0' l-< p... ..... U ell l-< 'E o u - ell ;:l @ -< 0) "0 '5 o c .~ .- ell Il) l-< U Q) ~ "'-' o bJ) .S .- r: .;:::: p... \0 Il) Q) If) ...... -;::000 f= J:: OJ) U 0 .S Il) C ..".., .. Q) 2 :'S! 0... p...o::lO If) o o M --- o - --- \0 := := := Q := := Q Q =: =: ~ ~ ~ =: Q Q lrl Q Q Q Q Q 0 0 ~ Q ..... Q lrl lrl ..,. QO Q ..,. O\~ N lrl Q ~ QO ..... 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"i: -.0 I,C "I: \0 \0 "i: \0 I,C '1: \0 \0 = ~ c... Q'\ lrl Q., 0\ lrl c... 0\ l.() Q., Q'\ lrl Q., :; ~ E- - oJ) CO 0... Q) ...... ell Cl OJ) .5 ...... CI.l o ~ ..-- '<- " e 0... o ~ M @ If) o --- o M --- \0 Agenda Item No. 1606 September 13,2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to award Bid No. 05.3863 Golden Gate Park Maintenance Building to Bradanna, Inc. in the amount of $319,600 Obiective: To maintain beautiful and safe park facilities at the lowest possible cost. Considerations: Golden Gate Community Park is in need of a maintenance facility and site improvements to the park's maintenance area. The Parks and Recreation Department first solicited quotations for this project from general contractors on continuing contract with the County, but the quotations received exceeded the contract thresholds. Invitations to bid on the maintenance building project were then sent to 220 vendors and opened August 16, 2005. Bradanna, Inc. was the sole bidder at $319,600. Staff recommends awarding the bid to Bradanna, Inc. as the lowest qualified responsive bidder. ...- Fiscal Impact: Funds in the amount of $185,000 are currently budgeted for the project. Staff has prepared a budget amendment allocating residual funds from closed capital projects and reserves to fully fund this award at $319,600 and a contingency of $17,363.36 to fund items such as permitting and impact fees. The new budgeted amount is $336,963.36 within the Parks Improvements CIP Fund (306). Growth Manaaement Impact: The value of the improved facility will be inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners awards Bid No. 05-3863 Golden Gate Park Maintenance Building to Bradanna, Inc. in the amount of $319,600 and approves the necessary budget amendment. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation "- Item Number. Item Summary: Meeting Date: I\genda Item No. 16D6 September 13, 2005 Pane 2 of 4 COLLIER COllNTY BOARD OF COUNTY COMMISSIONERS 1606 RecommendallOIl to aw1trd Bid No 05.3863 Golden Gate Park Maintenance Building to BradE'mna,lnc in the amollnl of $319,600 911312005900:00 AM Date Allllrovcd 8)' K.athy Carpenter Public Services. Executive Secretary Public Services Admin 8129/200510:43 AM Dot, Approved 8l Bremb Brilhart AdminIstrative Senm:es Purchasing Agent Purchasing af29/2005 3:00 PM Date A 1)I)rO,,'cd B)' Mike Hauer Adll1mu~trative Ser..lces Acquisition Managor PurchaSing 8/2912005 3:06 PM Date AI)Prtwcd B)' Murdo Smith Publlc Services Beach llnd Water Superintendent Parks and Recreahon 81Z9fl005 4:09 PM Date A ppro,,'cd B)' Marla Ramsey Public Services Public SerVICes AdminIstrator Public Services Admin 6129/2005 4:20 PM DlIte AI)provcd B~' Steve C<1rnell Administrative 5ervlcas PurchaslnglGener.ll Svcs Diredor Purchasing 6/30!2005 5:10 PM Dtlte Approved B~' OMS Coordinator County Manager's Ofh<:a Admini5tratl\Je Asnistant Office of Managoment & Budgot 8/31f2005 9:19 AM Date A I)prcn'cd B)' Susan Usher County Manager's Otflce Senior M.anagementlBudge:t Analyst Ofrice or Management 8. Budget 6/31/20052:06 PM Michael Smykowski Dnte AIJI)rl)vcd B) County Man<lger'(; Gl1lce Management & Budget Director Offioo of Management 8. Budget 6/31/2005 2:56 PM AI)I)r(n'cd OJ' James V Mudd Board of County Commifisioners County Manager Date Coun1y Manager'!; Office 9/1/20058:20 PM 8i8~ ..- c.D 0 ~ i:i ..- N /is Q) . - > O('l')t.- Z ..- Q) '- t.> E Q) 1:1;. Q) Q) .0 () 0:: :::: EZ CIl C'il$'O :Q -0 0.0 CO ffic%z '0 0) ..... <( Q) .0 E :J Z c: ell ...: E Ol ~~ ..... ..... Q) t.> c... Q) .-.'0 c: ..... =0.. U 0 0 a ~ 0 ~ 0 0 c.D III 0 l"- V C c.D. o. <0. >- >- >- >- >- >- c Ol I"- a III ..- Ol N "C ('I') III ... Y7 (fi (fi m t ell .. ..c 'C ~ CO .... N -0 C'il C Q) Q) -0 g e::: c:: 0) t.> C W W -0 CIl C Q) .- '- CIl ..... E ~ m m Q) Q) '- Q) CO ~ ..... o 'C '- :!!: :!!: :J t5 Q) .;..:~ ~ :J 0 t5 ..... :J c ell 0. t.> C Z Z C'il ..... 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Agenda Item No. 16D7 September 13, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to accept donated funds in the amount of $2545.69 and approve a budget amendment recognizing the revenue and appropriating funds for Vineyards Community Park Obiective: To enhance recreation programs through private contributions. Considerations: The Friends of the Parks of Collier County volunteer group of Vineyards Community Park has donated $2545.69 for enhancement of recreation programming. Staff plans to use the funds to purchase furniture appropriate for preschool programs. Staff has prepared a budget amendment that recognizes this amount in revenue and appropriates it to the Vineyards Community Park fund center within the Parks and Recreation budget. Fiscal Impact: Approving this budget amendment will increase the Parks and Recreation Department Vineyards Community Park FY 05 budget by $2545.69. Growth Manaaement Impact: No growth management impact is associated with this action. Recommendation: That the Collier County Board of County Commissioners accepts the donated funds and approves the necessary budget amendment. Prepared Bv: Amanda O. Townsend, Operations Analyst, Parks and Recreation Department <^.~ f.\oenda 11em No 16D7 September 13, 2005 P80e 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item SumlTUlry: 16D7 Rp,commendation to accept donated hmds in the amount (If $2,54569 and approve a budget amendmerll recoHnizing the revenue and appropriating funds for Vineyards Comrrnmity Park. Meeting Date: 9/13/2005900:00 AM Approved 8)' Kathy Carpenter F.xecu1i\leSrn:retary Date Public Services Public Services Admin 8/29/200510'.41 AM Approved By Murdo Smith Beach and Water Superintendent Date Public Sorvices Parks and RecreatIOn 8/29!2005 4:07 PM Approved B)' Mnrla Rnmsey PubliC Services Administrator Date Public Services Public Services A{jmin 8/31/2.00510:59 AM Apllroved 8y OM8 Coordinator Aomlnistrative Assistant Date County Manager's Ol1lce Office of Moanagenwnt & Budget Bl31f2005 1 :57 PM API)TOVcd 8)' Gary A. Vincent Management & Budget Analygr Dale County Manager's Office Office of Management & Budget 8fJ1!200!3 2:39 PM A"I)TIJvcd By Michael Smykowski Management & Budget Director Dllte County Manager's Office Offico of Management & Budget 8/31/20052:42 PM Aplml\'cd 8y James V. Mudd County Manager Date Board of County Commissioners County Man.ager'f. Office 9/1/20058:23 PM Agenda Item No. 1608 September 13, 2005 Page 1 of 42 EXECUTIVE SUMMARY Recommendation to authorize purchase of park maintenance equipment in the amount of $281,925.24 from Wesco Turf Supply, Inc. and Disbrow Enterprises, Inc. Obiective: To maintain beautiful and safe park facilities at the lowest possible cost. Considerations: Many pieces of park maintenance equipment are scheduled for replacement in accordance with the recommendations of the Fleet Management Department and manufacturers' standards. Staff recommends the purchase of the following items using state contract Nos. 070-840- 04-1 and 515-630-03-1: Quantity Item Vendor 5 T oro Workman 1100 Wesco Turf, Inc 6 Sand Pro 2020 with Rain Groomer Wesco Turf, Inc 6 Cyclone 1000 Debris Blower Wesco Turf, Inc 6 Mounting Kit Wesco Turf, Inc 6 Toro Z587L with 72" deck Wesco Turf, Inc 3 Toro Z587L with 60" deck Wesco Turf, Inc 1 Areothatch 83 Wesco Turf, Inc 1 Toro Turf Sweeper 4800 Wesco Turf, Inc 1 Top dresser 2500 Wesco Turf, Inc 2 Laster Model 3682 Articulating Mower Disbrow Enterprises, Inc. 4 Laster Model 521XR Articulating Mower Disbrow Enterprises, Inc. The equipment will serve seven park locations and the mobile maintenance crew. Fiscal Impact: Funds are budgeted within the Naples and Immokalee park maintenance cost centers within the MSTD General Fund (111). Growth Manaaement Impact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners authorizes purchase of park maintenance equipment in the amount of $281 ,925 .24 from Wesco Turf Supply, Inc. and Disbrow Enterprises, Inc. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation ~"-.~ Item Number. Item Summary: Meeting Date: Agenda Item No. 1608 September 13, 2005 PagE 2 0142 COLLIER COllNTY BOARD OF COUNTY COMMISSIONERS 1608 Rp.(:ommendatioll 10 authorize purchase of p,Hk maintenance equipmenl in lhe amount of $281.925.24 from Wesc() Turf Sllpply, fnc. l-Ind Dishrow Enterprise5, lnc, 9/13/2005900:00 AM Executi....c Sl~cretary Date Apl)fOVed B~' Kathy Carpenter Public Services Public Services Admin, 8129/2005 10:4..':i AM Purchasing Agent Date ApllrO\'cd By Orenda Brilhart Adl11inilStrativc ScrV1COS Purchasing 8/29/20053:41 PM Murdo Smith Be-ael1 and Water suponntendent Date Approvcd By Public Services Parks and Recrelltion 6/29{2:005 3:57 PM Mike Hauer Acquisition Manager Date AIII)fo\-'ed 8)' Administrative Services Purchasmg 8/29/2005 4:52 PM Apprll\'cd 8y Steve Carnell Administrative Servu;ell- PurcllllsinglGeneral Svcs Dire-etor Dnte Purchasing 6/30/2005 5:09 PM Marta Rmmey Public Services Adl1l1n1strlltor Ollte Apllrnved By Public Sorvices Public ServIces Admin. 6/31f20051:3{< PM Apllrm'ed By OMB COOrdlt'l<ltor County Mannger's Office Administrative Assistant Dllte Office of Management & Budgel 6/31/20051:56 PM Gary A. Vmcent Manngement & Budg(!-t Analyst Datt~ Al1llrOl'cd B)-' County Manager's Office Office of M.1nagement & Budget Il/J1I2005 2:55 PM Michael Srnykowski Management & Budget Director DAte Approved By County Manager's Ottice OffIce of Mlln.Jgement & BUdget OfJ 1r2005 3:02 PM Allprllvcd By James V, Mudd Board 01 County COnlmj1>sio1lf~rs County Manager Dllte County Manager'f; Office 8131/20053:17 PM Agenda Item No. 1608 September 13. 2005 Page 3 of 42 Equipment Purchases for 2005 Naples Cost Each Total Vineyards CP 1ea Toro Workman 1100 $ 5,209.59 $ 5,209.59 1ea Sand Pro 2020 wi Rain Groomer $ 7,995.00 $ 7,995.00 1 ea Cyclone 1000 Debris Blower $ 2,471.91 $ 2,471.91 1 ea Mounting Kit $ 349.97 $ 349.97 1ea Toro Z587L w/72" Deck $ 8,343.00 $ 8,343.00 1 ea Areothatch 83 $ 3,184.49 $ 3,184.49 1ea Toro Turf Sweeper 4800 $ 12,423.54 $ 12,423.54 1 ea Lastec Model 3682 Articulating Mower $ 21,505.50 $ 21,505.50 Total $ 61,483.00 Max Hasse CP 1ea Sand Pro 2020 wi Rain Groomer $ 7,995.00 $ 7,995.00 1 ea Cyclone 1000 Debris Blower $ 2,471.91 $ 2,471.91 1 ea Mounting Kit $ 349.97 $ 349.97 1ea Toro Z587L w/72" Deck $ 8,343.00 $ 8,343.00 Total $ 19,159.88 Veterans CP 1ea Toro Workman 1100 $ 5,209.59 $ 5,209.59 1ea Toro Z587L w/72" Deck $ 8,343.00 $ 8,343.00 1ea Lastec Model 521XR Articulating Mower $ 12,429.00 $ 12,429.00 Total $ 25,981.59 Road Crew 1ea Toro Z587L w/72" Deck $ 8,343.00 $ 8,343.00 1ea Toro Z587L w/60" Deck $ 8,046.00 $ 8,046.00 Total $ 16,389.00 Golden Gate CP 1ea Toro Workman 1100 $ 5,209.59 $ 5,209.59 1 ea Sand Pro 2020 wi Rain Groomer $ 7,995.00 $ 7,995.00 1 ea Cyclone 1000 Debris Blower $ 2,471.91 $ 2,471.91 1 ea Mounting Kit $ 349.97 $ 349.97 1ea Toro Z587L w/72" Deck $ 8,343.00 $ 8,343.00 1ea Lastec Model 521XR Articulating Mower $ 12,429.00 $ 12,429.00 Total $ 36,798.47 East Naples CP 2ea Toro Workman 1100 $ 5,209.59 $ 10,419.18 1 ea Sand Pro 2020 wi Rain Groomer $ 7,995.00 $ 7,995.00 1ea Cyclone 1000 Debris Blower $ 2,471.91 $ 2,471.91 1ea Mounting Kit $ 349.97 $ 349.97 Total $ 21,236.06 Eagle Lakes CP 1ea Sand Pro 2020 wi Rain Groomer $ 7,995.00 $ 7,995.00 1 ea Cyclone 1000 Debris Blower $ 2,471.91 $ 2,471.91 1 ea Mounting Kit $ 349.97 $ 349.97 1ea Toro Z587L w/72" Deck $ 8,343.00 $ 8,343.00 1ea Lastec Model 521XR Articulating Mower $ 12,429.00 $ 12,429.00 Total $ 31,588.88 Grand Total $ 212,636.88 111-156332-764990 Immokalee 1ea Sand Pro 2020 wi Rain Groomer $ 7,995.00 $ 7,995.00 1ea Cyclone 1000 Debris Blower $ 2,471.91 $ 2,471.91 1ea Mounting Kit $ 349.97 $ 349.97 2ea Toro Z587L w/60" Deck $ 8,046.00 $ 16,092.00 1ea Top Dresser 2500 $ 8,303.69 $ 8,303.69 1eaJackStand $ 141.29 $ 1ea Lastec Model 3682 Articulating Mower $ 21,505.50 $ 1ea Lastec Model 521XR Articulating Mower $ 12,429.00 $ Total $ 141.29 21,505.50 12,429.00 69,288.36 Agenda Item No. 16D8 September 13. 2005 Page 4 of 42 111-156334-764990 RUG-05-2005(FRI108:a9 Wesco Turf.lnc (FAX)sa1 371 2907 POlo/Oil Agenda Item No. 16D8 September 13, 2005 Page 5 of 42 ""EscogE Mr. John Viet Collier County Parks 3300 Santa Barbara Boulevard Naples. FL 34116 WESCO TURF, INC. 2101 Cantu Court I Sarasota. Florida 34232-6242 941.377.6777 800.486.8873 Facsimile 941.371.2967 August5,2005 Dear Mr. Viet, Per your request, I am pleased to submIt a quotation on the following equipment. ~ Model Description State Contract Price 07252 Workman 1100 Total Price for 1 Unit $ Total Price for 5 Units $ 5.209.59 26,047.95 State Contract Number - 070-840-04-1 - Workman Vehicles Orderin~ Information Please make all purchase orders out to : Wesco Turf Supply Artn: Florida state Contract 300 Technology Park Lake Mary, FL 32746 Payment Information Please send checks to: Wesco Turf Supply P.O. Box 862087 Orlando, FL 32886-2087 RUG-05-2005(FRI) GB: 49 Wesco Turf. In: (FRXl941 371 2957 P 011/011 Agenda Item No. 16D8 September 13, 2005 Page 6 of 42 ,r. John Viet Collier County Parks August5,2005 Page Two of Two The above quote meets or exceeds ANSI Safety Specification. Taro Consumer/LCE Equipment carries a one-year limited warranty. Taro Commercial Equipment carries a two-year or 1500 hour warranty. Also included in the pricing is training as needed for your Service Technicians. Time of delivery may vary; please check when placing order. Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance, please do not hesitate to contact me. Sincerely I WESCO TURF, INC. ~ ~AI2~~ Ken Seeman . 'f) Territory Manager Commercial Division KS/tgd _CC: Pat Duggins 'JlJier County Schools D8DS05.qt Staie Contract ax: 239/353-1002 RU5-05-2D05(FRI; 08' dB u!escc Turf. lnc (fRX)9111 371 2357 P 004/011 Agenda Item No. 16D8 September 13, 2005 Page 7 of 42 WEsco1J1llf August 5,2005 Mr. John Viet Collier County Parks 3300 Santa Barbara Boulevard Naples, FL 34116 WESCO TURF, INC. 2101 Cantu Court J Sarasota, Florida 34232-6242 941.377.6777 800.486.8873 Facsimile 941.371.2967 Dear Mr. Viet, Per your request, I am pleased to submit a quotation on the foflowing equipment. Please Note: All purchase orders should be made out to Wesco Turf, Inc. 2101 Cantu Court, Sarasota, Florida 34232 9!Y:. Model Description Price 1 08884 Sand Pro 2020 1 TSGL650K-7C Rahn Groomer wJ HD Scarifier & ST Scarifier State Contract Pricing $ 9,908.91 State Contract Number - 515-630-03-1 Additional Discount ($1,913.91 ) Valid 05-01-05 through 07-30-05 Total Price for 1 Unit $ 7,995.00 Total Price for 6 Units $ 47,970.00 Terms: Net 30 47.970.00 ~ 5{l,848.2EJ. L/7Qi/1r'/1 I .l,v ,vv Please indicate your acceptance of this quote as an order by signing below and"returning via fax to Wesco Turf, Inc. Equipment Total $ Florida Sales Tax (6%) $ Total $ John Viet Date The above quote meets or exceeds ANSI Safety Specification. Toro Commercial Equipment carries a two-year or 1500 hour warranty. The preceding pricing is good for 30 days, not Including Florida Sales Tax, after which time new pricing would have to be submitted. Also included in the pricing is training as needed for your Service Technicians. Time of delivery may vary; please check when placing order. All payments are subject to state and local taxes, if any_ RU6-05-2005(FRI) 08: dB Wesco Turf. Inc (FRXl941 371 2957 P 005/011 Agenda Item No. 1608 September 13, 2005 Page 8 of 42 -. ..dr. John Viet Collier County Parks August 5,2005 Page Two of Two Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, WESCO TURF, INC. 1M1~I~ Ken Seeman Territory Manager Commercial Division KS/tgd CC: Pat Duggins Collier County Parks 080S0S.qt Fax: 239/353-1002 RU5-0S-200S(FRI 1 08: 118 Wesco Turf. Inc (FRX)941 371 e9D! P 006/011 Agenda Item No. 1608 September 13, 2005 Page 9 of 42 WfscolllB! August 5. 2005 Mr. John Viet Collier County Parks 3300 Santa Barbara Boulevard Naples, FL 34116 WESCO TUAF, INC. 2101 Cantu Coun I Sarasota. Florida 34232-6242 941.377.67Tl 800.486.8873 Facsimile941.371.2967 Dear Mr. Viet. Per your request, I am pleased to submit a quotation on the following equipment. 9.!Y:. Model Description State Contract Price 1 1 08857 08858 Cyclone 1000 Debris Blower Cyclone Blower Mtg Kit Total Price for 1 Total Price for 6 $ $ Unit $ Units $ 2.471.91 349.97 2,821.88 16,931.28 State Contract Number. 515-630-03-1 - Mowers Orderin~ Information Please make all purchase orders out to : Wesco Turf Supply Attn: Florida State Contract 300 Technology Park Lake Mary, FL 32746 Payment Information Please send checks to.: Wesco Turf Supply P.O. Box 862087 Orlando, FL 32886~2087 RU5-05-2005(FRl) 08:48 Wesco Tu rf. I nc (fRXlgaJ 371 29&7 P 007/011 Agenda Item No. 1608 September 13, 2005 Page 10 of 42 - ,v1r. John Viet Collier County Parks August S, 2005 Page Two of Two The above quote meets or exceeds ANSI Safety Specification. Toro Consumer/LCE Equipment carries a one-year limited warranty. Toro Commercial Equipment carries a two-year or 1500 hour warranty. Also included in the pricing is training as needed for your Service Technicians. Time of delivery may vary; please check when placing order. Thank you for considering Wesco Turf. Inc. for your equipment needs. If r can be of any further assistance, please do not hesitate to contact me. Sincerely, WESCO TURF, INC. ~~1YI'f Territory Manager Commercial Division KS/tgd _CC: Pat Duggins :olller County Schools 080505.qt State Contract rax: 239/353-1002 RU5-05-2005(FRiJ 08: a9 u1esco Tu rf. I nc (FRXlsai 371 2957 P DOB/011 Agenda Item No. 1608 September 13, 2005 Page 11 of 42 vlEscolllBf August 5, 2005 Mr. John Viet Collier County Parks 3300 Santa Barbara Boulevard Naples, FL 34116 WESCO TURF, INC. 2101 Cantu Court / Sarasota. Florida 34232-6242 941,3T1.6777 800.486.8873 Facsimile 941.371.2967 Dear Mr. Viet, Per your request, I am pleased to submit a quotation on the following equipment. ~ Model Oescriotion State Contract Price 1 44830 Aerothatch 83 wJ3" Center Total Price for 1 Unit $ 3,184.49 State Contract Number - 515.630-03-1 . Mowers Ordering Information Please make all purchase orders out to : Wesco Turf Supply Attn: Florida State Contract 300 Technology Park Lake Mary, FL 32746 Payment Information Please send checlr.s to : Wesco Turf Supply P.O. Box 862087 Orlando, FL 32886-2087 RUG-OS-cOOS (FR I) 08: 49 Wesco Turf.lnc (fRX)911 371 2%7 P 009/011 Agenda Item No. 1608 September 13, 2005 Page 12 of 42 ,,"'""'" ,.tlr. John Viet Collier County Parks August 5, 2005 Page TWD of Two The above quote meets or exceeds ANSI Safety Specification. Toro Consumer/LCE Equipment carries a one-year limited warranty. Taro Commercial Equipment carries a tvvo-year or 1500 hour warranty. Also included in the pricing is training as needed for your Service Technicians. Time of delivery may vary; please check when placing order. Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, WESCO TURF, INC. t:evl 5e4n-n J ro/ Ken Seeman Territory Manager Commercial Division KS/tgd -CC: Pat Duggins oilier County Schools 080S0S.qt State Contract ra~ 239/353-1002 RUG-05-2005lFRl) 08: alj Wesco Turf.lnc F;;X )941 371 29S7 P C08/009 Agenda Item No. 1608 September 13, 2005 Page 13 of 42 Wfscogf Mr. John Viet Collier County Parks 3300 Santa Barbara Boulevard Naples, FL 34116 WESCO TURF, INC. 2701 Cantu Court I Sarasota, Fiorida 34232-6242 941.3n.6777 800.486.8873 Facsimile 941.371.2967 August 5.2005 Dear Mr.Viet, Per your request, J am pleased to submit a quotation on the following equipment State Contract Price .9!Y:. Model Description 1 1 44507 98-5016 Topdresser 2500 $ Jack Stand - TO 2500 $ Total Price for 1 Unit S 8,303.69 141 .29 8,444.98 State Contract Number - 515-630-03-1 - Mowers Orderin~ Information Please make all purchase orders out to : Wesco Turf Supply Attn: Florida State Contract 300 Technology Park Lake Mary, FL 32746 Payment Information Please send checks to : Wesco Turf Supply P.O. Box 862087 Orlando, FL 32886~2087 RU5-05-2005(FRI) 08: d5 Wesco Turf. I nc (FRx)sal 371 2357 P 009/009 Agenda Item No. 1608 September 13, 2005 Page 14 of 42 -", .r. john Viet Collier County Parks August 5, 2005 Page Two of Two The above quote meets or exceeds ANSI Safety Specification. Tore Consumer/LCE Equipment carries a one-year limited warranty. Taro Commercial Equipment carries a two-year or 1500 hour warranty. Also included in the pricing is training as needed for your Service Technicians. Time of delivery may vary; please check when placing order. Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, WESCO TURF, INC. Yf::je~~ Territory Manager Commercial Division KS/tgd CC: Pat Duggins .- oilier County Schools OS0505.qt State Contract ax: 239/353-1002 RU5-05-200S(FRI) 08:~5 Wesco Turf. In: (FRX)9al 371 2957 P 00S/009 Agenda Item No. 1608 September 13, 2005 Page 15 of 42 WEscolllBl August 5, 2005 Mr. John Viet Collier County Parks 3300 Santa Barbara Boulevard Naples, FL 34116 WESCO TURF, INC. 2101 Cantu Court I Sarasora, Florida 34232-6242 941.371. 67Tl 800.486.8873 Facsimile 941.371.2967 Dear Mr. Viet, Per your request, I am pleased to submit a quotation on the following equipment. 9.!Y.:. Model Description State Contract Price 1 44044 Turf Sweeper 4800 Total Price for 1 Unit $ 12,423.54 State Contract Number. 515.630-03-1 . Mowers Ordering Information Please make all purchase orders out to : Wesco Turi Supply Attn: Florida State Contract 300 Technology Park Lake Mary, FL 32746 Payment Information Please send checks to : Wesco Turf Supply P.O. Box 862087 Orlando, FL 32886-2087 RUG-05-2005(FRIl 08: /lEi Wesca Tu rf. J nc (FRXl9/l1 371 2957 P 007/009 Agenda Item No. 1608 September 13, 2005 Page 16 of 42 -, lv'1r. John Viet Collier County Parks August 5,2005 Page Two of Two The above quote meets or exceeds ANS! Safety Specification. Toro Consumer/LeE Equipment carries a one-year limited warranty. Toro Commercial Equipment carries a two-year or 1500 hour warranty. Also included in the pricing is training as needed for your Service Technicians. Time of delivery may vary; please check when placing order. Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance. please do not hesitate to contact me. Sincerely, WESCO TURF, INC. 1!l~tO[f Territory Manager Commercial Division KS/tgd -r;c: Pat Duggins oilier County Schools OB0505.qt State Contract Fax: 239/353-1002 RU5-05-200S(FRI) 08: ~5 I~esco Tu rf, .. nc (FRX)9~1 37 2357 P OC2/009 Agenda Item No. 1608 September 13, 2005 Page 17 of 42 WEscolllBI Mr. John Viet Collier County Parks 3300 Santa Barbara Boulevard Naples, FL 34116 WESCO TURF, INC. 2101 Cantu Court I Sarasota. Florida 34232.6242 941.3n.6TT7 800.486.8873 Facsimile 941.371.2967 August 5, 2005 Dear Mr. Viet, Per your request, I am pleased to submit a quotation on the following equipment. State Contract Price Q!Y:. Model Description 1 74251 Z S87l 27hp Kawasaki Liquid Cooled wi 60" TURBOFORCE Deck, wI Dlx Seat. Z Stand & ROPS Total Price for 1 Unit $ Total Price for 3 Units $ 8,046.00 24,138.00 State Contract Number. 515-630-03-1 - Mowers Orderin~ Information Please make all Durchase orders out to : Wesco Turf Supply Attn: Florida State Contract 300 Technology Park Lake Mary, FL 32746 Payment Information Please send checks to: Wesco Turf Supply P.O. Box 862087 Orlando, FL 32886-2087 RU5-05-2005(FRI) 08: dS Wesco Turf lnc (FRX )941 371 2957 P 003/009 Agenda Item No. 1608 September 13, 2005 Page 18 of 42 -, ..dr. John Viet Collier County Parks August5,2005 Page Two of Two The above quote meets or exceeds ANSI Safety Specification. Taro Consumer/LCE Equipment carries a one-year limited warranty. Taro Commercial Equipment carries a two-year or 1500 hour warranty. Also included in the pricing is training as needed for your Service Technicians. Time of delivery may vary; please check when placing order. Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assis:ance, please do not hesitate to contact me. Sincerely, WESCO TURF. INC. ~~,~ Territory Manager Commercial Division KS/tgd -8C: Pat Duggins oilier County Schools 080S05.qt State Contract r3X: 239/353-1002 RUG-05-2005(FRI) 08: 15 Wesco Turf. Inc (FRX)gal 371 2967 P Ooa/009 Agenda Item No. 1608 September 13, 2005 Page 19 of 42 WEscokf Mr. John Viet Collier County Parks 3300 Santa Barbara Boulevard Naples, FL 34116 WESCO TURF, INC. 2101 Cantu Court I Sarasora. Florida 34232.6242 941.377.6777 800.486.8873 Facsimile 941.371.2967 August 5,2005 Dear Mr. Viet Per your request, I am pleased to submit a quotation on the following equipment. State Contract Price 9.!Y..: Model Description 1 74252 Z 587L 27hp Kawasaki Liquid Cooled w/72" TURBOFORCE Deck wi Dlx Seat, Z Stand & ROPS Total Price for 1 Unit $ Total Price for 8 Units $ 8,343.00 66,744.00 State Contract Number - 515-630~03-1 - Mowers Ordering Information Please make all purchase orders out to: Wesco Turf Supply Attn: Florida State Contract 300 Technology Park La ke Mary, FL 32746 Payment Information Please send checks to : Wesco Turf Supply P.O. Box 862087 Orlando, FL 32886-2087 RUG-05-2005(FRIl 08:~5 Wesco Turf. lnc (FRX)9al 371 2957 P 005/009 Agenda Item No. 1608 September 13, 2005 Page 20 of 42 IlI1r. John Viet Collier County Parks August 5,2005 Page Two of Two The above quote meets or exceeds ANSI Safety Specification. Toro Consumer/LCE Equipment carries a one-year limited warranty. Taro Commercia! Equipment carries a two-year or 1500 hour warranty. Also included in the pricing is trainIng as needed for your Service Technicians. Time of delivery may vary; please check when placing order. Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, WESCO TURF, INC. ~e;:::m~ Territory Manager Commercial Division KS/tgd -SC: Pat Duggins oilier County SchoolS 08050S.qt State Contract Fax: 239/353.1002 Agenda Item No. 1608 September 13, 2005 Page 21 of 42 D,SBROW ENTERPRISES I Ne. Quote 631 5 NW 71 T efrace Parkland, Florida 33067 Date 8-- "3/-D~ Phone: 954-345-8577 Fax: 954-340-3490 Municipal Pricing QTY I Description Unit Price Total 1 Lastec Model 3682 Self Contained Mower with 36 HP $23,895.00 $23.895.00 Kubota Enqine and 4- 21" articulatina cuttina decks 82' width of cut, ZTR desian, ROPS Less 10% State Contract -$2,389.50 $21,505.50 Sales Tax Total $21,505.50 This Quote is good for 90 days Thank you for the opportunity and we look forward to your continued Interest . Quoted By : Mike McCabe Quote Accepted By: Date Accepted: Requested Date of DelivelY: D,SBROW ENTERPRISES INC. Agenda Item No. 1608 September 13, 2005 Del" R Pag~ 2i of 42 Ivery ec91p Date: ~ -.3 ) ~ 0 ~ 6315 NW 71 Terrace Parkland. Florida 33067 Phone: 954-345-8577 Fax: 954-340-3490 Delivered To: ~ 2 Name: Vfl v".(' c:'t c:::::, S:)- r~"\ J~ ~ Address: Address: PH: ;:<:5' ~ - :5 ~s- )<X).~, QTY Descrtotlon Unit Price Total I .5d-1. YK /39;;0 .I L.{l..si J~.2).() / 5 () rr 5/5- h3D - 02 / Sales Tax Total } ;;;, ff J.. '-1 .J Thank you for the opportunity and we look forward to your continued Interest. Accepted By: Date Accepted: Agenda Item No. 1608 September 13, 2005 Page 23 of 42 veit~ From: Sent: To: Subject: Potts, Ellen [POTTSE@dms.state.fl.us] Monday, August 15, 2005 4:35 PM veitj RE: Contract No. 515-630-03-1 Hi, John: The items listed below will be included in ehe seate term contrac::: for Lairm Equipment. (The May revision included an exeension to the vJesco!Toro promotional pricing, but we actually didn't receive the ne", produce information for review until late Ju}y.) I am currently processing the official contract revision tc include the new listings; I anticipate this will be posted on the state contract web site within the next two weeks. We appreciate your business - please let me know if you need furcher verification. T'nanks t Ellen Reese Potts, CPPB, FCPM Purchasing Pillalyst DMS/State Purchasing pottse@~~s.stace.=l.us 850-488-1985 850-488-5498 fax -----Original Message----- From: veit_j [mailto:johnveit@colliergov.nec] Se~:lt: Friday, J\ugust 12,20058:18 M'I 70: Potts, Ellerl Subject: FW: Contract No. 515-630-03-1 Ellen, The specific items are from WescoTurf and are as follows: Infield Pro 2020 Cyclone Blower for the 2020 }I.eorthatch 83 'dorkman 1100 Z 587L z-r1ov/er Turf Sweeper 4800 TODd~esser 2500 Please con~iYm that these ~=ems are all state contrac~ items. Thanks, John c. \lei:::: Parks Superintendent Parks & Recreation -~c'Jhatever .zunerica hopes to b2:".:ng ,_ in the he2.rt of l'u'Uerica. :Jass t.he VJo::::<l.d TIlUS:: firsc come LO pass --Dwight Eisenhower > -----Original Message----- > From: veit_j > Sent: Monday, Augus (lB, 2005 3:l7 PM > To: 'pottse@dns.state.f .us' > SubJect: Contracc No. 15-630-03-1 > > Ellen, > Agenda Item No. 1608 September 13, 2005 Page 24 of 42 > According to Memorandum No. (515-630-03-1)-9 dated May 16, 2005, contractors have updated product and/or pricing. The contract on the web site doesn't reflect the changes. Could you please provide me with that information? > > Collier County Parks & Recreation > 3300 Santa Barbara Blvd. > Naples, Fl 34116 > 239-353-0404 > > Thanks, > > John C. Veit > Parks Superintendent > Parks & Recreation > Whatever America hopes to bring to pass in the world must first come to pass in the heart of America. > --Dwight Eisenhower > 2 Message Agenda Itjrit~~-RIds September 13, 2005 Page 25 of 42 ______~_.__,__._____~___"__~________.__~_.___._~.__.____...____.___~___~.~_~_____.__.__~~______...A_.______~_"~-------.-.~. veit,j From: Ken Seeman [Ken.Seeman@wescoturLcom] Sent: Wednesday, August 10, 2005 9:37 AM To: veitj Cc: Pat Ouggins Subject: FW: State Contract Info. John, this IS the E-Mail you requested Confirming that the equipment you plan to order is all on Florida State Contract. The only correction I need to make to Mr. Reano's reply is that the Workman 1100 is on contract number 070- 840-04-1 All else is on Contract number 515-630-03-1 ____________.._._ __*_.~_____.._.___.___..~_ .~.___^" _ '_"__'__'___'__'__.~"_ H' .__.' __~_ _._..... _.___"_ _ _,_____ _______ ~.- --- _____ - -..-----'----- - -- -- ----.-- .---..---.-.----.---.-~-_.----..--..-----.--- From: Brad Reano Sent: Wednesday, August 10, 2005 9:28 Af'.1 To: Ken Seeman Subject: RE: State Contract Info. Ken, All of the items you've listed are currently approved and available under State Contract # 515-630-03-1 lawn Equipment Brad Reano Vice President Sales 407-333.3600 brad. reano@wt'lupply.com -----Original Message----- From: Ken Seeman Sent: Wednesday, August 10, 20059:23 AM To: Brad Reano Subject: State Contract Info. As State Contract Representative for Wesco Truf Supply. The Vendor of record for Florida State Contract, I need conformation that the follow list of equipment is all covered by the current State Contract. Collier County Parks is putting together an order that consists of the following items, Infield Pro 2020 Cyclone Blower for the 2020 Aeorthatch 83 Workman 1100 Z 587l Z -Mower Turf sweeper 4800 Topdresser 2500 Please confirm that these items are all state contract items. 8/1 O/l005 ,- DEI'ARTMENT OF Mi\NAGEMENT i SERVICES. ''We serve those who serve Florida" JEB BUSH CtlVenlor Tom Lewis,Jr. Secretar}' "~*'t lvIyFloridacom ~I:, '\;t..i Office of the Secretary 4050 Esplanade Way Tallahassee, Florida 3~399,O()SO Telephone: 850-488-278G Fax: 850 9~2(,149 Internet: \""\\7v,.MyFlonda.com Agenda Item No. 1608 September 13, 2005 Page 26 of 42 May 16,2005 MEMORANDUM NO.: (515-630-03-1)-9 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No, 515-630-03-1 Title: Lawn Equipment The subject contract has been renewed through May 20, 2006. The following contractor was not renewed: . Tresca Equipment Company The following contractors have updated product and/or pricing: . Ariens Company . Excel Industries, Inc. . Ferris Industries, Inc. . Florida Outdoor Equipment . Gulf Coast Tractor and Equipment . John Deere Company . Live Oak Lawn Supply, Inc. · Roberts Supply, Inc. . Stihl Southeast, Inc'. . Wesco Turf Supply, Inc. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. DSP/ Agenda Item No. 1608 September 13, 2005 Page 27 of 42 DEPARTMENT OF MANAGEMENT MyAorida corn - ,,~.-,;,.,~'~'\. ~.".. ; \~ '.., ~ The Admillistratit'e and OperatiolT.! ..11'm o{ Florid" 's CIIf"'r1l111el1/ SERVICES lEll BUSl!. (;OVI'K'\()!( ROHlClrrH.llos.\Y,I'\Tllllc.1SECRLT\RY Suite 31 5 CERTIFICATION OF CONTRACT TITLE: Lawn Equipment CONTRACT NO.: 515-630-03-1 ITB NO.: 55-515-630-R EFFECTIVE: June 09,2003 through May 20, 2004 RENEWAL: Ma'Y 21. 2004 thrall!:!h Mav 20,2005 21\D RENEWAL:- May 21, 2005 through ?-vlay 20, 2006 (Rev 16 May 05) SU PERSEDES: 515-630-00-1 CO!\TR.A.CTOR(S): Ariens Company (A) Ariens Company (Gravely) (A) Disbrow Enterprises, Inc. (0) Exccl1ndustries, Inc. (C) Ferris Industries, Inc. (A) Florida Outdoor Equipment (R) Garden Service and Sales. Inc. (Al Gulf Coast Tractor and Equipment (A) John Deere Company (A) Kilpatrick Turf Equipment, Inc. (A) Kut-Kwik Corporation (A) Live Oak La\vn Supply, Inc. (R) Mulvaney's. Inc. (B) Roberts Supply, Inc. (l\) Sarlo Pcmer Mowers. Inc. (A) Stih] Southeast, Inc. (A) V/csco TurfSupp1y, Inc (/1.) (Rev 16 J\1av 05) A. AUTHORITY - Upon affinnative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT - This contract \vas cntcrcd into to provide economics in the purchase of La"wn Equipment, by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the tenns, prices, and conditions of this contract and with the suppl iers specified. j~::l!C P:t1^:h,1/ir..?. 40:;0 E,~)/a/i,;.(lr Ir~!;-. 'l>i.YahdJ'Ft r;/oridt: 32399.(/c}:;O. Tf/-:pho1!f': 8'i;J-4SlrR.:/--IO. F;l/_+: ,~'5()-":!4~6;'2~) Agenda Item No. 1608 September 13, 2005 Page 28 of 42 CONTRACT ADMINISTRATOR ELLEN POTTS PHONE: (850) 488-1985 SUNCOM 278-1985 E-MAIL: pottsc((iJdms.state.f1.us Agenda Item No. 1608 September 13, 2005 Page 29 of 42 PRICE SHEET LA WN EQUIPMENT MANUFACTURER OR BRAND NAME: PERCENT(%) DISCOUNT TORO Price Sheet Numbcr and Date: Products 11-1-04 Discount to be used with Price List: .................................................... 210lrl (34 Parts Price List Number and Date: Parts List 11- J -04 Discount to be used \vith Parts Price List: 0% Attachments! Accessory Price Sheet Number and Date: Optional Acces. 11-1-04 Discount to be used with Attachments/Accessory Price List: 15% CONTRACTOR: Wesco TurfSupplv. Inc SALES PROMOTION PRICELIST & DATE: 2004-2005 Toro Landscape Contractor Equipment Promotional Pricing, EFFECTIVE THROUGH November 1,2005. Discount: Varies by product line - contact W csco. (Rev 16 May 05) YAZOO/KEES PO\VER EQUIPMENT Price Sheet Number and Date: 2005 Distributor Price List Auuust 1, 2004 (Rev 16 May 05) Discount to be used with Price List; ..... ... . ... . ...... . ..... .... .... ..... . . .. . .. . .. . . .. 20{~'() (35 Parts Price List Number and Date: Januarv I. 2005 (Rev 16 May 05) Discount to be used with Parts Price List: 5% Attachments/Accessory Price Sheet Number and Date: 2005 Auuust 1. 2004 (Rev 16 May 05) Discount to be used with Attachments//\.ccessory Price List: 15% CO:KTRACTOR: Florida Outdoor Equipment. Inc. (Rev 17 Feb 05) 57 Agenda Item No. 1608 September 13, 2005 Page 30 of 42 ORDERING INSTRUCTIONS CONTRACTOR: \Vesco Turf Supplv. Inc. SPURS VENDOR NUMBER: F522I20964001 Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phonc number: Name: Brad Reano Title: Vice President Sales Street Address: 300 Technologv Park. Lake Marv, FL 32746 E-mail Address:brad.reano0)wtsupplv.com Phone Number(s): 407-333-3600 800-393-3366 Fax Number: 407-333-9246 If the person responsible for answering questions about the bid is different from the person identified above, please provide the same information for that person. Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: Ordering Information: Please provide the following infomlation about where Customers should direct orders. You must provide a regular mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address. Spurs lnfomlation Number: F52212096400 I Name: Brad Reano Title: Vice President Sales Street Address or P.O. Box: 300 Technology Park City, State, Zip: Lake Mary, FL 32746 Phone Number: 407-333-3600 Toll Free Number: 800-393-3366 Ordering Fax Number: 407-333-9246 Internet Address: wtsupplv(([/wtsuplv.colll Federal ID Number: 522120964 Remit Address: 300 Technologv Park City, State, Zip: Lake Marv. Fl 32746 NOTE: Duplicate as necessary for multiple ordering locations. 92 Agenda Item No. 1608 September 13, 2005 Page 31 of 42 AUTHORIZED SERVICING DEALER LIST LIST BELOW ONE OR MORE IN-STATE REPRESENTATIVES, INCLUDING tv1.A.ILfNG ADDRESSES AND TELEPHONE NUMBERS. NAME ADDRESS & PHONE NO. For Local Authorized Servicing Dealer List Call 800-393-3366 or Fax 407-333-9246 CO]\,jR.ACTOR NAME: \Vesco Turf Supply, Inc. PUR 7078 ((J4!96) 93 DElJARTMENT OF MANAGEMENT SERVICES ''We serve those who serve Florida" JEB BUSH Ciovemor Tom Lewis, Jr. Secretary MyFlorida.com ~. Office of tbe Secretary 4050 Esplanade \X'ay 'rallahassee. Flonda 32399-09')0 Telephone: 850-488-2786 Fax: 850922-6149 Internet: www.MyFlorida.coIT1 Agenda Item No. 1608 September 13, 2005 Page 32 of 42 Suite 360 April 1,2005 MEMORANDUM NO.: (070-840-04-1 )-2 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 070-840-04-1 Title: Small Utility Vehicles, ATVs & Motorcycles The following changes have been made to the subject contract: Florida Coast Equipment has replaced the Mule 550 with a Mule 600 in Commodity # 070-880-435. This revision includes an increase in the base pnce. Wesco Turf Supply. submitted new manufacturer's pricelists for Commodity Numbers: 070-840-400, 070-840-450, 070-840-550. 070-840-600 and 070- 840-900 in accordance with the terms of the Contract. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the ~~c.mtri!Cl_':\~!IJlirJ.i;it1.:~lJl}T. DSP/jdb CONTRACT ADMINISTRATOR Agenda ItlritiffiJ.1 f?!o1 September 13, 2005 Page 33 of 42 CONTRACT ADMINISTRATOR JIM DEN BLEYKEH PHONE: (850) 488-8367 SLTNC01VI: 278-8367 E-MAIL: denh)ej@>dl1ls.stat~.f1.us http://www.myflorida.com/st_contracts/070840041/administrator.htm 8/16/2005 [Contract Number) -- Vendor Information PaflC 1 nL I Agenda Item 'No. 10U8 September 13, 2005 Page 34 of 42 Small Utility Vehicles, A TVs & Motorcycles 070-840-04-1 Price Sheets CQMMQQIIY NO--,- DESCRlpTIQlS Crl.!156{)-():') 0 Police Motorcycle, Two Wheel, 998cc Gasoline Engine 010:560-66.0 Police Motorcycle, Two Wheel, 1450cc Gasoline Engine 070:840:400 Utility Vehicle, Off-Road, Four Wheel, Gasoline, 1200 Ibs. Payload 070-84.o:4SQ Utility Vehicle. Off-Road, Four Wheel, Gasoline. 1500 lbs. Payload 07Q-840:550 Utility Vehicle, Off-Road, Four Wheel, Gasoline, 2000 lbs. Payload 070:840:6QQ Utility Vehicle, Off-Road, Four Wheel, Gasoline, 2400 Ibs. Payload 070:84.0-650 Utility Truck, Off-Road, Four Wheel, Gasoline, 2000 lbs. Payload 07Q:840:900 Utility Vehicle, Off-Road, Four Wheel, Electric, 900 Ibs. Payload 070:840:91 Q Heavy Duty Utility Vehicle, Off-Road, Four Wheel, Electric, 3000 Ibs. Payload (11.ct:8:')O::4J!O Personnel Vehicle, Four Passenger, Four Wheel, Gasoline flZf2: 85fl:2(10 Personnel Vehicle, Six Passenger. Four Wheel, Gasoline 070- 85D: 550 Personnel Vehicle, Eight Passenger, Four Wheel, Gasoline ()lQ-850:,575 Personnel Vehicle, Eight Passenger Van. Four Wheel, Gasoline 070-850-60Q Personnel Vehicle, Four Passenger, Four Wheel, Electric 070:850- 700 Personnel Vehicle, Six Passenger, Four Wheel. Electric 07Cl-BSO-750 Personnel Vehicle, Eight Passenger, Four Wheel, Electlic m()--8~Q:4QQ All Terrain Vehicle, Four Wheel 4x2, 228cc Engine, Minimum (j]O-88-.a:4:lQ All Tcrrain Vehicle, Four Wheel 4x.2. 290cc Engine. Minimum 070-8S()-415 All Terrain Vehicle, Four Wheel 4x2, 362cc Engine, Minimum Q]Jl-88()-420 All Terrain Utility Vehicle, Four Wheel, 617cc Engine, 4x2 http://vv'ww.myflorida.com/sccontracts/0708400411pri ce. h tm 8/16/2005 070-840-400 Agenda ItIJf!Wo~ fEfo-'1 September 13, 2005 Page 35 of 42 070-840-400 UTILITY VEHICLE, OFF -ROAD, FOUR WHEEL. GASOLINE, 1200 LBS. I> A YLOAn NOTE: This detailed specification is not complete unless it is used in conjunction with all conditions listed in the Technical Specifications. INTENDED USE USED FOR A.PPLlCATIONS IN RESTRICTED AREAS TO TRANSPORT LIGHT CARGO AND UP TO TWO OCCUPANTS. ENGINE: One cylinder, four cycle, 11 HP, minimum. Electric starler, charging system and battery. ELECTRICAL SYSTEM: 12-volt electrical system. TRANSMISSION: Manufacturer's standard transmission with forward and reverse gear (s). SUSPENSION: Manufacturer's standard front and rear suspension. PERFORMANCE ITEMS: Travel speed, 12 mph, minimum. Hour meter (may be dealer installed if not available as factory installed). CO!\1FORT ITEMS: Foam padded scat \vith backrest. SAFETY ITEMS: Mechanical or hydraulic brake system with parking brake. Electric horn. lJeadlights, tailJight(s). Slow Moving Vehicle emblem (SMV). Rearview mirror(s). TIRES & WHEELS: Manufacturer's standard tires and wheels. CHASSIS, FRAME & CHASSIS: "Pickup" or "stake side" type body; minimum 1200 Ibs. total payload, capacity includes operator and cargo. Seating for two occupants. Canopy top with full windshield (may be dealer installed if nol available as factory installed). Manufacturer's standard paint and color. http://www.myflcllida.com/sccontracts/070840041/price3.htm 811612005 070-840-400 Agenda Itlrif~~fG September 13, 2005 Page 36 of 42 070-840-400 MAKE: CLJllLCAE, CONTRACTOR MODEL *DISCOUNT F.O.B. CONTRACTOR PRICE CLUB CAR. INC CARR Y ALLlTURE U Q,012 5.350,QQ (3) Percentage discount off cunent published retail pIices for Attachments/Equipment. (The percentage discount is applied to the manufacturer's current published retail prices for additional Attachments/ Equipment for the "Base Unit".) NA% Discount Attachment/Equipment NOTE: Where necessary, factory attachments/equipmentJpans/components/options may be installed by the dealer, if the attachments/equipment/parts/components/option is not available as factory installed. All prices include installation. *Discount for pick up by ordering agency at contractor's place of business. Approximate delivery time required after receipl of order: 3Q_12AYS. http://www.myllorida.comfst_contracts/070840041/plice3.htm 8/16/2005 070-840-400 Agenda Itfrft~o~ ftoll September 13, 2005 Page 37 of 42 (REV 01 APR 2005) 070-840-400 MA.KE: TO_RQ CONTRACTOR MODEL *DISCOUNT F.O.B. CONTRACTOR PRICE WESCQTURF SUPPLY WORKMAN 1100 (WO $5945.21 (3) Percentage discount off current published retail prices for Attachments/Equipment. (The percentage discount is applied to the manufacturer's current published retail prices for additional Attachments/ Equipment for the "Base Unit".) l~% Discount Attachment/Equipment 11/01/2004 NOTE: Where necessary, factory attachments/equipmenUparts/componcnts!options may be installed by the dealer, if the attachments/equipmentlparts/components/option is not available as factory instalIed. All prices include installation. *Discount for pick up by ordering agency at contractor's place of business. Approximate delivery time required after receipt of order: 31LDA )~S hUp:! Iwww.myflorida.com/sccontracts/070840041/price3.htm 8/1612005 [Contract Number] -- Vendor Information Agenda It~4%~~ September 13, 2005 Page 38 of 42 07.Q.:-_81m:-..12.5 All Terrain Utility Vehicle, Four Wheel, 425cc Engine, 4x2 070-S 80:-430 All Terrain Utility Vehicle, Four Wheel, 350cc Engine, 4x2 070=880-435 All Terrain Utility Vehicle, Four Wheel, 286cc Engine, 4x2 070-=:880:-600 All Terrain Vehicle, Four Wheel 4x4, 280ce Engine, Minimum Q7Q:-S8Q:-6l0 All Terrain Vehicle, Four Wheel 4x4, 362cc Engine, Minimum 070-880:-620 All Terrain Utility Vehicle, Four Wheel, 617ce Engine, 4x4 OZO_:-8 8Q-6 2 5 All Terrain Utility Vehicle, Four Wheel, 49gec Engine, 4x4 07 o_=-aSo_:-Q:lD All TeITain Vehicle, Four Wheel 4x4, 493cc Liquid Cooled Engine, . Minimum OZO:-8S0-66Q All Terrain Vehicle, Four Wheel 4x4, 633cc Liquid Cooled Engine, Minimum 070.:-880-670 AU TetTain Vehicle, Six Wheel 6x6, 499cc Liquid Cooled Engine, Minimum OZ():-88Q-800 All Terrain Utility Vehicle, Six Wheel, 617ce Engine, 6x4 (rZQ:-88Q-8J 0 All Terrain Utility Vehicle, Six Wheel, 499cc Engine, 6x6 Q7Q-880:-9Qo Amphibious Utility Vehicle, Six Wheel, Gasoline, 6x6 070J~80:-250 Amphibious Utility Vehicle, Eight-Wheel, Gasoline, 8x8 h up:/ /\VWW .myflorida.com/sl_contracts/070840041/price. htm 8/16/2005 MyRorida.com trlft(.. "'''k.""~...,, ~.'% :\. ,~: -.....: The AdministmlitN' and Operations Arm ofFJorida S G01/ernmenl Agenda Item No. 1608 September 13, 2005 Page 39 of 42 DEPARTMENT OF MANAGEMENT SERVICES JEll Bus! f, GOVERNOH RommT H. HnSA Y. JNTERllvl-SECR1.TARY Suite 315 CERTIFICATION OF CONTRACT TITLE: Lawn Equipment CONTRACT NO.: 515-630-03-1 lTB NO.: 55-515-630-R EFFECTIVE: .Tune 09, 2003 through May 20, 2004 RENEWAL: May 21, 2004 through May 20,2005 2ND RENEWAL: May 21, 2005 through May 20, 2006 (Rev 16 May 05) SUPERSEDES: 515-630-00-1 CONTRr\CTOR(S): Ariens Company (A) Ariens Company (Gravely) (A) Disbrow Enterprises, Inc. (0) Excel Industries, Inc. (C) Ferris Industries, Inc. (A) Florida Outdoor Equipment (R) Garden Service and Sales, Inc. (A) Gulf Coast Tractor and Equipment (A) .Tohn Deere Company (A) Kilpatrick Turf Equipment, Inc. (A) Kut-Kwik Corporation (A) Live Oak Lawn Supply, Inc. (R) Mulvaney's, Inc. (B) Roberts Supply, lnc, (A) Sarlo Power Mowers, Inc. <A> Stihl Southeast. Inc. (A) Wesco Turf Supply, Inc (A) (Rev 16 Mav 05) A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT - This contract was entered into to provide economies in the purchase of Lawn Equipment. by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042. Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. j'tr.JU P!frchmn{g. 4050 E.rp/anadf IF':J. Tal/abaJJN. F/orida 3::399...0950. Tc!{y'lixme: 850488-8440. Fa.>::.' 850-414-6122 ORDERING INSTRUCTIONS Agenda It~~0.11%bt September 13, 2005 Page 40 of 42 QRD_ERlN_GINSTRUCIIQNS CONTRACTOR: Disbrow EDterprisc_s..._______.____ SPURS VENDOR NUMBER:_.._____t.6_5lD.6665QD_QJ._..._._.__ Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: Name :_._DayidJ2isbrQ W_.__.__._._._.____.._..___. Title: _____yjs:;_~Pr~.sid~DJ_______________ Street Address :___..__8.3.15_.N. W .11m.I.~ITas:;c,.ParkJand,EIQrL4L3.1Q87____ E-mail Address: _....djsbm.w~nt@_aQLs:;.Qm..__.___ Phone Number(s): 954-345-8577 Fax Number: ...954.:3.4Q:3.42Q__ If the person responsible for answering questions about the bid is different from the person identified above, please provide the same information for that person. Title: Street Address: E-mail Phone Number(s): Fax Number: Orderin g..lnfuImalLQD";' Please provide the following information about where Customers should direct orders. You must provide a regular mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address. Spurs Information.Number: Name: Title: Street Address or P.O. Box: City, State, Zip: _____ Phone Number: Toll Free Number: Ordering Fax Number: Internet Address:__._.___ Federal ID Number: Remit Address:.. .._________. City, State, Zip:_ F651066650001____. _______ Raida Disbrow ..._____.__Presi dent _________ _.________8315 N.W. 71M _____. Parkland. Florida 33087 9 ~4:.3A5.:8)77 25.4-340-3490 disbrowG.nt@,lol..cOJD 65J 066650 83.L'iN. W.}I iitIerrace .... P<:lrkl and,_Fl o@fL130 8 7_________________ NOTE: Duplicate as necessary for multiple ordering locations. http://www.myflorida.com/sccontracts/515630031/order3.htm 8/31/2005 ORDERING INSTRUCTIONS Agenda ItJit~~1<eD8 September 13, 2005 Page 41 of 42 AIJ.IIlORIZED SERYICING DEALER LIST LIST BELOW ONE OR MORE IN-STATE REPRESENT A TIVES, INCLUDING MAILING ADDRESSES AND TELEPHONE NUMBERS. NAME ADI2Ri:SS & PHONE NO. _rQr L_Q~_<!LAllthorized Servicing De.<lle.r List Call 954-34S:8.i7LQIE<.l2L25A:_340:14_90 - CONTRACTOR NAME: Disbrow Enterprises PUR 7078 (04/96) http://www.myf1orida.com/sccontracts/515630031/order3.htm 8/31/2005 _,_"....._"_~~li'i<I,"'"IC!l1oOl.W'""'''''.~,''"''"',''' PRICE SHEET Manufacturer or Brand Name Bid:___EXl11arkMlll1ufacturing Company. Inc. Price Sheet Number and Date: 1-28-03 Discount to be used with Price List: ................................................... Parts Price List Number and Date: See l~J!th~lfiz~(LS~rvicing Dealer ______ Discount to be used with Parts Price List: See Auth9Jjz~(::LSJ~IYki.ng Dealer Attachments/Accessory Price Sheet. Number and Date:..__LZ8-:.o2____._,_.____ Discount to be used with Attachments/Accessory Price List....___2Q%_ CONTRACTOR: Roberts Supn1v,.lncL___ Manufacturer or Brand Name Bid: Great Statc.sJAIIAmeriQf11L AgendaI?tmIr ~6. '1f6~ September 13, 2005 Page 42 of 42 28% (36 Price Sheet Number and Date:_______I"I:o,jl__1:.1...::..ol__________ Di scaunt to be used with Price List: .................................................. ..__Add 61 % (36 Parts Price List Number and Date: January2Jl..oJ_ Discount to be used with Parts Price List: Attachments/Accessory Price Sheet Number and Date: No.51 3-1-:.03 Discount to be used with Attachments/Accessory Price List---.1\dd 6J%______ CONTRACTOR: Garden.SerYlce and.c..Sales ______.___. Manufacturer or Brand Name Bid:_L_gBlecCTlle Articulator) Price Sheet Number and Date: .2_QQ2-2.o.o3 OctaberJ,2QS12._____ Di scount to be used with Price List: .................................................... Parts Price List Number and Date: .. _ 20Q2-=2..oQ:2.._Qc;Jober l,ZQQ::L.________ Discount to be used with Parts Price List: 10% Attachments/Accessory Price Sheet Number and Date:2Q02:-2.o03JQ/Jj.o2 Discount to be used with Attachments/Accessory Price List: ]()% CONTRA CTOR_Uisbrow Ent~prise& I nC.L.__.____..__ http://www.myflorida.com/sCcontracts/51563.o.o31/PRICE%20SHEET.htm 10~ __ ___ (36 8/31/2.005 Agenda Item No. 1609 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to accept a donation in the amount of $3,833.52 from the Veterans Council of Collier County, Inc. and establish a separate trust fund to account for all donations and expenses associated with the Freedom Memorial project Obiective: To properly account for funds donated and expended in association with the Freedom Memorial project. Considerations: On May 25, 2004 the Board of County Commissioners proclaimed September 2004 and every September thereafter to be Freedom Month in Collier County. Part of the Board's vision in so proclaiming was to see a permanent memorial to freedom erected at the Collier County Government Center. At its April 26, 2005 meeting, the Board of County Commissioners chose a Freedom Memorial design from among three finalists recommended by the Freedom Memorial Task Force. The design, submitted by Gerald Ladue (formerly of Massachusetts but now a resident of Collier County) incorporates a l3-foot-tall waving American flag of granite cladding, surrounded by benches and a reflecting fountain, and fifty stepping stones representing each of the states. The Board of County Commissioners has committed $89,000 to fund the design portion and an estimated $80,000 for site work associated with the Freedom Memorial project. The design is being conducted by Dan Summers of BSSW Architects. At this time the architects' estimate of construction cost is $1,854,050. Construction of the project, excepting site work, will be funded entirely through private donations. To that end, the Veterans Council of Collier County, Inc. has secured to date donations in the amount of $3,833.52. Fiscal Imoact: Approving this item will establish a separate fund to account for donated funds and expenditures associated with the Freedom Memorial project and will place the initial donation of $3,833.52 in that fund. Growth Manaaement Imoact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners accepts a donation in the amount of $3,833.52 from the Veterans Council of Collier County, Inc.; establishes a separate fund to account for donated funds and expenditures associated with the Freedom Memorial project; and approves any necessary budget amendments. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation Item Number: Item Summary: Meeting Date: hqenda Item No. 1609 "September 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D9 Recommll'ndation to ;;lccepl a donation in the amount of $3.833.52 from the Veterans Council of Collier County, inc. and establish a o;eparale trust fund to accOullt for all donations and expenses associated with the Freedom Memonal project 9/13120059:00:00 AM Dot. Approved B}' Kathy Carpenter Public Servl(;es EKecutive Secretary Public Services Admin, 8131120053:13 PM Dot. Approved By 8arryWiIliamll Public Servic;es Human Services Director Human Services 8131120053:29 PM Dote Approved B}' OMS Coordinator County Manager's Office Adminilltrative Assistant Office of Management & Budget 8/31120054:04 PM Date Allproved B~' G.;uy A. Vincent County Manager's Office Management & Budget Anaiyst Office of Management & Budget 8131120054:18 PM Date Allllroved B~.. Michael Smykowski County Manager's Office Management & Budget Director Office of M.magernent 8. Budgel 91112005 12:58 PM Dm. AI1IlrO\'cd B}' James V, Mudd Board ot County Commis5ioners County Manager County Man<\ger's Office 911120058:28 PM BSSW ARC HIT E C T S. I N C Ronald G. Weaver. AlA Eugene C. Schmitt, AlA Daniel A. Summers, AlA Kenneth L. Lamers. RA Kevin M Williams, AlA Fort Mvers Office 1520 Royal Palm Square Blvd. Suite 300 Voice: (239) 278-3838 Fax: (239) 275,5356 Naples Offlee 949 Central Ave. Naples. FL 34 I 02 VOlce: (239) 643.3103 Fax: (239) 643-7435 Website: BSSWarchitects.com License # A.A.-COO 1836 Agenda Item No. 1609 September 13, 2005 Page 3 of 3 August 15,2005 Freedom Memorial Collier County, Florida Architect's opinion of cost Preliminary Design Phase unit Description of work Amount units cost Totals Site work $80,000 landscapinq $50,000 Irriaation $30,000 Electrical $30,000 Liahtina $40,000 Stone Fountain $75,000 Security I $40.000 Granite paving United States Map 1310 sf $150 $196.500 Approach pavinq 834 sf $150 $125.100 Continuous steps 363 If $280 $101,640 Granite claddinq Stars 200 sf I $400 $80,000 Stripes polished 500 sf $180 $90.000 --.---.- StriDes un-polished 500 $160 $80.000 Granite column & qlobe $90.000 Granite eaqle $50.000 3 Granite benches $30,000 ---- Granite dedication podium $30.000 - State monuments 50 ea $2,000 ~ouu Concrete structure & foundations $50,000 -_.,'_._.~-_._.-.. Steel structure ! $15,000 Storm water pipinq I $10,000 Handrails and quard rails I $10.000 Bronze plaques and monuments I $20,000 Stone walkway paving wi I inscriptions 2000 $20 $40,000 Subtotal $1,563,240 25% contlngencv $390.810 Opinion of cost -~050 }CO)ON; / f 51 O~O i I -, Agenda Item No. 16E1 September 13, 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve and execute a Lease Agreement with State Representative Mike Davis for use of office space at the Government Center for $10 annually. OBJECTIVE: Provide State Representative Mike Davis office space within the W. Harmon Turner Building. CONSIDERATIONS: Representative Mike Davis began utilizing office space on the first floor of the Harmon Turner Building upon his election in January 2004. Anticipating relocating Representative Davis to permanent offices, entering into a lease was deferred. Representative Davis was relocated to Suite 212 in early 2005. The attached Lease Agreement reflects Representative Davis' initial electoral term of two years (January 3, 2004, through January 2,2006) and provides for additional two-year renewals pending re-election. Suite 212 consists of 600 square feet. The annual rental amount of $10 will be paid in advance. The County is responsible for all utilities, janitorial service, and local telephone service. Representative Davis is responsible for long-distance telephone charges. As required by Florida Statute 125.38, a Resolution declaring that Suite 212 is not required for County use and available for lease to Representative Davis is attached. FISCAL IMPACT: The annual rental fee of$IO will be paid in advance for the full initial two-year period and be deposited into the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve and authorize its Chainnan to execute the attached Lease Agreement and Resolution. Prepared By: Michael H. Dowling, Sr. Property Management Specialist Real Estate Services / Facilities Management Department Item Number: Item Summary: Meeting Date: Agenda I!em No 16E1 September 13, 2005 Paqe 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E1 Recommendatlor\ to Bpprove and eICecute a Lease Agreement with State Representative Mik.e Davis for use of ofhc~ spact:' at ",e Govemmenl Center tor $10 alinually 9113/2005 9:00:00 AM D>1e Pr~parcd By Michael H. Dowling Administratiye Services Property Mitnagement Specialist Facilities Management BI2SfZ005 1 :37:43 PM Oat. Appnl\'cd B)' Charles E. Carrington, Jr" SR/'NA Administrative Services Roal Estate Services Manager Facilities Management Bf2S/200S 4:5i PM Oat. Approved By Skip Camp, C,F.M Administrative ServIces Facilities Managcmenl Diractor Facilitie5 Management 8/26/20058:36 AM Oat. Approved By Len Golden Price Administrative Services Administrative Services Administrator Admlnistril:live Services Admin, 8/31/20050:05 AM Date Apllrll\'cd By OMS Coordinator County Man3ger's Office Administrtltive Assistant Office of Management & Budget 8/311200510:23 AM Oat. AI)pruvcd By Michael Smykowskl County Manager's Office Management & Budget Director Office of Management & BudgP.t 8/31/200510:38 AM Dof. Approved By James V, Mudd Board of County Commissioners County Manag~r County Manager's Office 9'1/20058:39 PM Agenda Item No. 16E1 September 1 3. 2005 Lease # PriG'" ::\ of 7 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this _ day of , 2005. between State Representative Mike Davis, whose mailing address is 3301 East Tamiami Trail. Suite 212. Naples, Florida 34112, hereinafter referred to as "LESSEE". and COLLIER COUNTy, a political subdivision of the State of Florida. whose mailing address is 3301 East Tamiami Trail, Naples. Florida 34112, hereinafter referred to as "LESSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration. the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the Collier County Government Center. Administration Building. Suite 212. 3301 East Tamiami Trail, Naples. Florida 34112, hereinafter called the "Demised Premises". situated in the County of Collier and the State of Florida, for the sole purpose of operating a United States government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years. commencing on January 3. 2004 and ending January 2. 2006. LESSEE is granted the option. provided LESSEE is re- elected to the same office and is not in default of any of the terms of this Lease, to automatically renew same for additional terms of two (2) years which shall reflect the LESSEE'S term of office, under the same terms and conditions as provided herein. by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office. Registered or Certified Mail, Postage Prepaid. Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be construed to be tenancy from month-to-month under the terms and conditions as provided herein. until such time as a new Lease Agreement can diligently be processed by LESSOR for the new term. LESSOR reserves the right to terminate this Lease. with or without cause, by providing LESSEE with thirty (30) days written notice to the address set forth in Article 14 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office. Registered or Certified Mail. Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 00/100 Cents ($10.00) per annum. The rent for the initial Lease term shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. In the event LESSEE elects to renew this Lease. as provided for in ARTICLE 2. the rent stated above shall remain the same for the ensuing renewal term and shall be paid in full for the renewal term thereof and shall be paid within thirty (30) days for the commencement of the renewal term. ARTICLE 4. Other Expenses and Charges LESSOR shall pay all costs associated with the Demised Premises including. but not limited to, janitorial services and any and utility charges, except for long distance telephone charges which are addressed below. Utility charges shall include. but shall not be limited to, one (1) cable television outlet, electricity. light. heat. air conditioning, power, water, and sewer services used. rendered or supplied thereupon or in connection with the Demised Premises. LESSEE shall be billed by LESSOR for two (2) telephone voice lines. LESSOR shall bill, on a monthly basis, LESSEE'S Washington. D.C. office for all Suncom, telephone voice lines and long distance calls. LESSEE covenants to pay LESSOR for monthly Suncom. telephone voice lines and long distance charges, within thirty (30) days of receipt of invoice, in lawful money of the United States of America. at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. ARTICLE 5. Modifications to Demised Premises Agenda Item No. 16E1 September 1 3; 2005 Page 4 of 7 Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change. or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection. construction, improvement. addition or alteration of any authorized modifications. additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requi'rements of the United States of America, State of Florida, County of Collier, and any and all govemmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof. or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees. shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. ARTICLE 8. Indenmitv and Insurance The LESSEE is covered by protection of the Federal Tort Claim Act. ARTICLE 1 I. Maintenance LESSEE shall keep the Demised Premises clean at all times. ARTICLE 12. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, terminate this Lease after providing written notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 13. Default by LESSOR LESSOR shall in no event be charged with default in the perfoffiJance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. 2 ARTICLE 14. Notices Agenda Item No. 16E1 September 13, 2005 Page 5 of 7 Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real Estate Services 3301 East Tamiami Trail Administration Building Naples, Florida 34112 LESSEE: State Representative Mike Davis Administration Building, Suite 212 3301 East Tamiami Trail Naples, Florida 34112 cc: Office of the County Attorney Facilities Management Department Director ARTICLE 15. Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease. or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof. ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE expressly agrees for itself. its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 17. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against. imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. ARTICLE 18. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for im;Jrovements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premi;es or :my part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. 3 J ARTICLE 21. Governing Law Agenda Item No. 16E1 September 13, 2005 Page 6 of 7 This Lease shall be governed and construed in accordance with the laws of the State of Florida. AS TO THE LESSOR: IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. DATED: ATTEST: DWIGHT E. BROCK. Clerk Deputy Clerk AS TO LESSEE: DATED: (t? .;;111 (,"'S L/"'~" /'r-) ( > / I WITNESS (signature) ~. i. ( I (.L. {VI _'r." iA--~ {t ,-, (print name) 5c-u?Y (t IF".'-', I WITNESS (signature) ..5~124'1 If-. EIJ;";' " (print name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman ~~ MIKE DAVIS, STATE REPRESENT A TIVE . 4 Agenda Item No. 16E1 September 13. 2005 Page 7 of 7 RESOLUTION No. 2005 . RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND STATE REPRESENT A TlVE MIKE DAVIS FOR UTILIZATION OF OFFlCE SPACE WITHIN THE W. HARMON TURNER BUILDING. WHEREAS, State Representative Mike Davis ("Representative") desires to lease an office space on the second floor within the W. Harinon Turner Building owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to operate a government office. WHEREAS, the Lease Agreement provides for an initial two (2) year term which reflects the Representative's electoral term. The Lease contains a provision for automatic two-year renewals following the initia1lease term should the Re'presentative seek re-election. The rent for each year of the Lease and any renewals thereto shall be Ten Dollars. WHEREAS, the Board of County Commissioners is satisfied that this property is required for the Representative's use and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and State Representative Mike Davis. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this after motion, second and majority vote. day of ,2005 ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: FRED W. COYIE, Chairman Approved as to form and legal sufficiency: ~?~~ Thomas C. Palmer, Assistant County Attorney -, Agenda Item No. 16E2 September 13, 2005 Page 1 of 29 EXECUTIVE SUMMARY Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts . OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County . Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes, to contracts or work orders, that have occurred since the prior BCC approved amount, which are below the threshold limits as referenced above. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Order Reports. These reports cover period August 1, 2005 through August 25, 2005. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department Item Number: Item Summary: Meeting 0_: Agencla Item No 16E2 Seplember 13, 2005 Page 2 of 29 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS 16E2 RepOft and Ratify St<'tff-Approved Ch<'trlge Orders and Ch(Ulges 10 Work Orders to Board. Approved Contracts 9/13/2005 900:00 AM Contracts Agent Date Apprond By Lmda Jackson Administrative Services Purchasing 8/30/200511:14 AM Steve Carnell Purchasing/General Svcs Director Dale Approved By Administrative Services Purchasing 8!3012005 5:07 PM Approved By Len Golden Price Administrative Service. Administrative ServicM Administrator Date Administrative Sf!-nJicas Admin. 8131/200512:11 PM AdministratIve Assistant Oat. Approved By OMS Coordinator County Manager', Office Office 01 Mo1nt1gement 8. Budget 8/31120051:55 PM Michael Smykowski Management & Budge1 Director Date Approved By County Manager', Office Ofhce of Management & Budget 9/2120054:37 PM Apprnved 8)" James V. 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"0 "0 CIl o I- ai u CIl 't: ::::l If) C 'm c ::::l ..Q Q) f; ..c:: If) 'c <;::: f!! .9 "0 C CIl C 'm c ::::l ..Q Q) f; c o Ol Cl "0 Q) ..... $ E ai CIlE TI 0 "0 Ol Q) g' ~~ E u ~ .!!l .....f; CIl c a. .- Q)"O ..... Q) 0"0 ~ ::::l ~Li CIl .S; ~ 0 ~!!2 Q) CIl C If) -c ~ ~ a, ~ '00 ..Q Ol Q)"O "0 Cl .:; c e'ffi a...... o Ol I-f; c o a; g' Cl ._ ; Ci5 .c ~ ~ '0> o a5 ~ro ._ c c:2 ~'6 o-g CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E2 September 13, 2005 Page 7 of 29 PROJECT NAME: WAter Distrih..t1il," R(Ul~ ~\e.iV\~ .sy$~PROJECT #: 70(;;2.l-l/l \~-b:ttIr:;'I. . BID/RFP #: .o~-'37(' MOD #: C.O. :Jr;l POi: i.l50003S''Z50 WORK ORDER #: tJ!A DEPARTMENT: P~EJ) Current BCC Approved Amount: co $326. Cf {. t:p{, .0-- (Starting Point) f!Q.. $ 3;;lb. Cf6 S. (Last Total Amount Approved by the BCC) Original Contract Amount: Current Contract Amount: $ 33.J ;;l3S. 1'1 (Including All Changes Prior To This Modification) oc2 $ 3, ":15. .::;.:;- $ 33'bJ 160. J!1- (Including This Change Order) Change Amount: Revised ContractIWork Order Amount: Date of Last BCC Approval lQA;z;&4 1/.. /12./Q Agenda Item # I~ C 9' Cumulative Dollar Value of Changes to this ContractJWork Order: $ ( ClAl"\lA L td;i \Ie . .for) Percentage of the change over/under current contract amount 3.4;L % cL) 1'1{ co=- Formula: (Current Amount / Last Bee approved amount)-1 . J Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures. Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: ~;( 'Ph:;" CURRENT: J0c;rhs k. (G,,,kc.-l:o~ , N or N/ A) Date: Date: CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E2 September 13, 2005 Page 8 o~ PROJECT NAME: Golden G8te Blvd. LandscaDe ImDrovement (1 mile) PROJECT #: 630413 BID/RFP #: 04-3649 MOD .: DEPARTMENT: ATM 2 POt:4500041475 WORK ORDER': ~ OrlgbaaJ CODtract AmoaDt: $ 366.987.3Y~~~ (Starting Point) . f!JV $ 366.987.3((, 2J, (Last Total Amount Approved by the Bee) $ 364.195."'11'" ut- (~Iuding All Changes Prior To This Modification) CurreDt BCC Approved Amount: Carrent CODtract AmOUDt: Chance Amount: $ -9.oso.80 S 355.144KW- v--- (Including This Change Order) Cumulative Dollar Value of Chaugel to this CODtraetlWOrk Order: S -11.841.54 Rerised CODtraetlWork Order Amount: Date of Last BCC Approval November 30. 2004 Agenda Item # 1U.:! , Percentage of the change over/under current contract amount - ~,Z3 ~ . Fonnula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on ~rchasing report. For specific infonnation regarding work order thresholds. please refer to the Contract Administration Procedures. Section IfI.C.4. ~ ..." CURRENT COMPLETION DATE (8): ORIGINAL: June 20. 2005 CURRENT: AUGust 31. 2006 SUMMARY OF PROPOSED CHANGE IS): Identify the chanaes. DeletinG 516.220.00 from the contract AddinG $7.169.20 for a total chanGe order of -19.050.80 . \ ,",- JUSTIFICATION FOR CHANGE (5): What valu. or benefit do thes. chang.. provide to the project? Delete the Items In the contract not needed (416.220.00) and add directional borina. sleeves and sod ftoratam 1+$7.169.20). For a chanGe to dele. $9.050.80 from con~~!- PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Diane FlaGG. Gloria Herrera. Scott Windham and Dale Hannula IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N 'or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being. implemented In a manner consistent with the existing agreement- _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: B REVIEWED BY: DATION: This fonn Is to be signed and dated. 7'" 27.-c.r ij~/~ Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKUSTFORM Agenda Item No. 16E2 September 13, 20~ Page 9 of39 PROJECT NAME: Rattlesnake Hammock Rd. Polly Ave to COllier Blvd. PROJECT #: 60169 BIDIRFP.: 03-3446 MOD .: DEPARTMENT: TE&CM 3 POt: WORK ORDER': 0rigiDaI Co.m.ct Amout: S 986.360.00 (SbutiDg Point) ,/ Carreat Colltnlet Amout: $ 1.133.152.00 (Last TobII Amount Approved by the BCC) ~$ 1.233.162.00 (1ncludiDg All Qumgcs Prior To This Modification) Cuneat BeC Approved Amoaat: Cbaage Amout: S 11..671.00 S/I.244.823.00 (IDcluding This 0Ia0ge Ordc:t') C1DDalative Dollar Value of Chaages to dais CoatnldlWork Order: S 258.463.00 Revised CoatraetlWork Order Amo..t: Date of Last sec Approval 4126/05 Agenda Item # 16B1 Per__,tage of the change over/under cummt contract amount 0.95 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (5): ORIGINAL: December. 2005 CURRENT: 12/3112007 SUMMARY OF PROPosED CHANGE (8): Identify the chanGes. Chance Order No. 1 orovides comoensation for desian services oerformed by sub-consuttants in revisina the liahtina olans and for another sub-consultant to oreoare a Bioloaical Qoinion which if reouired to secure the USCOE oermit for the oroiect. Additional Reimbursable is beina orovided to cover additional coDvina and currier eXPenses. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Schedule C of Amendment #2 under Task A.S addresses Additional Sub-Consultant Services for liahtina revisions. however the $7.500.00 fee for these services was omitted. The services are detailed in the attached soreadsheet which is the old version of Schedule B. Also. the environmental sub-consultant needs to preoare a biological ooinion for Fish & Wildlife in order to release the oroiect for a USCOE oermit. A fee of $3.171.00 is needed for them to provide these services. The $1.000 for additional reimbursable is to cover the coDVina expenses of documents and olan sets and the cost of cunier service which was unintentionallv omitted from SA#1. PARTIES CONTACTED REGARDING THE CHANGE: TE&CM Director and the Desion Consultants IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N1A) l Proposed change is consistent with the scope of the existing agreement L. Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This fonn is to be signed and datecl. APPROVE BY: 7..Z.,,.tJ.r- Pro' R~~D~' ~~k~ Co ct Speciafast ~ PREPARED BY: ~ d7 - Dale: 7-""...r Gary R. P ansuu, P.E, Senior Project Manager APPROVED BY:~- ~ ~ Dale: 7L~'-- Eug ne Calvert, P. ,Acting Director, Transportation Engineering ;7.itruction Management APPROVED BY: II- Date: Steve Camel, rector, PurchasinglGeneral SeMces APPROVED BY:' Date: Nannan E. Feder, Alep, Administrator Transportation Services Division Agenda Item No. 16E2 September 13,'1:V05 Page 1 O-df $I CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E2 September 13, 2005 Page 11 of 29 tI PROJECT NAME: SCRWTP 12-MGD RO Expansion PROJECT #: 700971 BID/RFP #: 053727 MOD #: 1 PO#: 4500043499 WORK ORDER #: DEPARTMENT: Public Utilities Engineering Original Contract Amount: $ 125.950 (Starting Point) Current BCC Approved Amount: $125.950 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 125.950 (Including All Changes Prior To This Modification) Change Amount: $0 Revised Contract/Work Order Amount: $ 125.950 (Including This Change Order) Cumulative Dollar Value of Changes to this ContracUWork Order: $ 0 Date of Last BCC Approval March 8. 2005 Agenda Item # 16 C 1 Percentage of the change over/under current contract amount 0 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S): ORIGINAL: JulV 22.2005 CURRENT: September 15. 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Extension of time due to lono lead-time of third oartv eauioment JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Circumstances are beyond the control of the vendor PARTIES CONTACTED REGARDING THE CHANGE: Purchasinq (Lvn Wood) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) l Proposed change is consistent with the scope of the existing agreement l Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: : This form is to be signed and dated. Date: 7/11/2005 REVIEWED BY: Date: 9'- 9 - {)5 Revised 4/25/2005 Agenda Item No. 16E2 September 13, 2005 Page 12 of 29 5 I' CONTRACT MODIFICA nON CHECKLIST FORM .' PROJECT NAME: Pelican Bay Irrigation Installation PROJECT #: 05-3613R BIDIRFP #: 053613R MOD #: 1--AMOUNT OF THIS CHANGE $ 0.00 PO #: 4500046349 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $320,062.50 CURRENT $ 320,062.50 (STARnNG POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $320,062.50 (lAST TOTAL AMT. REQUIRING BeC APPROVAL) Date of Last BCC ApprovalApril12, 2005 Agenda Item # 16-E-2 Cumulative Dollar Value of Change Orders to this ContractIWork Order: $0.00 Percentage of the change over/under current contract amounto 00/. Formula: (Current Amount I Last Bce approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORlGINAL: November 4. 2005 CURRENT: November 22 . 2005 (Final Completion) SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Increase to the time of comDletion bv 18 days. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The increase in completion time is due to: · County ROW permit not issued until 14 days after Notice To Proceed · Contractor has had 4 rain days to date PARTIES CONTACTED REGARDING THE CHANGE: Lvn Wood. Purchasina IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NfA) _ Proposed change is consistent with the scope of the existing agreement _ Proposed change is in fact an addition or deletion to the existing scope _ Change is being implemented in a manner consistent with the existing agreement _ The appropriate parties have been consulted regarding the change _ Proposed prices, fees and costs set forth in the change are reasonable A TION: This form is to be signed and dated. Date: /lk4:5' 'tc/~ Dale: k/9/6S APPROVE BY: . P oject Manager REVIEWED BY: ~ ) Y1 Co t' SpeCialist Revised 12/23/04 ------~._-_.._.._----_...".._--~ CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E2 September 13, 2005tp Page 13 of 29 PROJECT NAME: Livin~ston Road (RR - PRRl PROJECT #: 600714 BID/RFP #: 04-3651 MOD #: 6 PO#:4500032671 WORK ORDER #:N/A DEPARTMENT: ATM Original Contract Amount: $ 989.892.04 (Starting Point) Current BCC Approved Amount: $ 1194 051.84 ~lotal Amount Approved by the BCC) Current Contract Amount: $ 1.194.051.84 (Including All Changes Prior To This Modification) Change Amount: $ 0.00 Revised Contract/W ork Order Amount: $ 1.194.051.84 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $ 204.159.80 Date of Last BCC Approval April 26. 2005 Agenda Item # 16B-8 Percentage of the change over/under current contract amount 0.00% Fonnula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: January 24. 2005 CURRENT: Au~ust 31. 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. ChanQe Order for additional days to cover work done in June. As per Finance we have to extend date to cover all billina after proiect completion. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Addina days for June work. PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Roaer Dick. Dale Hannula. Gail Boorman. Gloria Herrera. Rhonda Rembert. Diane Fla~a. Norman Feder. and Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable REC M ENDATION: This form is to be signed and dated. ~ 9;::-~C>-/6J- ~/I~/b Agenda Item No. 16E2 September 13, 2005 Page 14 of 29 1- CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM 'PROJeCT NAME!; NOftTH NAPLES REGIONAL PARK CONsmUCl10N MANAGEMENT AT RISK PROJECT #:80602 . , BIDlRFP #: 01--3189 MOP #:15 PO#:4500037217 _ E1EPARTMENT: PARKS AND RECRE).T10N 9rigiDal C.ontrRl'f Amount: S53,802,645 (SbnioJ !'oint) Current Bee Approv~ Amolln~ $42.U23,46'3.30 (LUt Total Amcnmc Approved by the BOC) Cun:e~t CODtratt Amount: $40,925,723.73 (Iuc1udilll All ~PI-J"rlor To Thi! Mo4ifI.oation) Change Amow:.t! ($.3:~X,9HS.ll) $40,586,738.62 (mc1w:llns 'DWI Chanto 0r<Jer) Cumulative Dollar Vadlle ur ClulI.q;~ to this Contrac:t/Work Order; ( $-13,215,906..38) Rev.iRed ('..nntractJWork Order Amount: Date of Last 8ee Approval: 512412005 Agenda Item #16(0)4 Percentage at the change under c;oun:enl contract amount:(3042%) Fonnula: (Current Amount I Last Bee approved amount)-1 Results and Actions: If the change exceeds 10% see approval is required; under 10% rliported to Bee on , Purchasing .report. For'specific Information rCJgarding work order thresholds, pIABt:;P. rAter to the Contract AdmInistration ProcadufAR, SActlon III.C.4. , . OURRENT OOMPLETION DATE (S):ORIGINAL: 511 012008 CURRENT: 511 012006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This dedUctive Change Order # 1t5 is associated with the Direct Materials Purchase (DMP) Dr malerlals directly from the projeet; vendors of the North Naples Regional Park construction projlK:t. By deducting the direct costa of oertain materials from Kraft Construction's purohaae order Bnd purchaaing dIreotly from the vendor, the County ie abl. to save the 6% Florida Sales Tu: on the purchase. In thlc eaR, the savings on the $338,985_11 of purchases equalo approximately $19,187 In tax savings to the County. Colleetlvely, all Change Orders for the DMP add up to $13,215,906.38 which eqU8t88 to tax saVings of approximately $701,000 to the County. JUSTIFICATION FOR CHANGE (S): WhDt value or benefit do these chang" provide to the project? exhibit 0 of the Contract 8ata out the procac::lure for oxecutlng the Direet MaterialR Purchase (DMP) of goods. This Change Order is consistent with the contract's procedures and Is In conl;ert with the County's policy ot Sales Tax savings thru direct purl;hases. This savas the County significant amounts of money, PARTIES CONTACTED REGARDING THE CHANGE! Parks and RBcreation Director, PUblic Services Adn:dnlstrator.. Purchasing's Contract Specialist, ClerkS Finance Department Special Projects Coordinator, , County Project Manager. Revised 4/25/2005 Od >lC:ld Q:) C:l3 Ilia:::> 66:~l S00~-ll-~n~ Agenda Item No. 16E~2. September 13, 200 Page 15 of 29 \ IMPLEMENT AnON STEPS (Verify each before proceeding with change using Y, N or NlA) ...)L proposed change Is consistent with the soope of the existing agreement _X- Proposed change is In fact an addition or deletion to the existing scope _x_ Change is being Implemented in a manner consistent with the existing agreement , -X- The appropriate parties have been consulted regarding the change _It.... Proposed prices, fees and costs set forth in the change are reasonable ENDAll0N: This form Is to be signed and dated. Date: -#- Data: 'ifll / /OS ',' APPROVE BY: REVIEWED BY: Lind " Revised 4/2512005 S0"d )I~d O:l ~3 n..,O:l ~p:Gl S00G-80-~~ CONTRACTIWORK ORDER MODIFICATION z:n_-A~~;;:gRM PROJECT NAME: US 41 N;J;.-~~R -Imml PROJECT #: 600291 Agenda Item No. 16E2 September 13, 2005 Page 16 of 29 ~ BID/RFP #: 05-3830 MOD #: DEPARTMENT: A TM 1 PO#:4500047281 WORK ORDER #:~ Original Contract Amount: $ 277.756.27 (Starting Point) Current BCC Approved Amount: $ 277.756.27 (Last Total Amotmt Approved by the BCC) Current Contract Amount: $ 277.756.27 (Including All Changes Prior To This Modification) Change Amount: $ 0.00 Revised ContractlWork Order Amount: S 277.756.27 (Including This Change Order) Cumulative Dollar Value of Changes to this CODtractJWork Order: S 0.00 Date of Last BCC Approval Mav 24. 2005 Agenda Item # 16B.18 Percentage of the change over/under current contract amount 0.00% Formula: (Current Amount I Last BCC approved amount}-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORlGINAL: November 16. 2005 CURRENT: November 16. 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Changing substantial irrigation from ~~ days to 90 davs. . JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Change of amount of davs needed for substantial due to FPL belna behind from Drevious vear hurricanes and SWFWD Dennittina. PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Jorge Freire. Scott Windham. Gloria Herrera. Rhonda Rembert. Diane Flaaa. Nonnan Feder. and Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable ENDATION: This fonn is to be signed and dated. . · i/~ APPROVE BY: I r . . ate: / J' , / en, . r / REVIEWED BY: "/,. ~.te: . ~g Rhanda Rembert. Contract Specialist I / Revised 4/25/2005 -- CONTRACTJWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E2 September 13, 2005 Page 17 of ~ PROJECT NAME: Golden Gate Parkway (Liv- 66 St) & (60 Sl - SBBl PROJECT #:600277 & 600275 BIDJRFP #: 05-3832 MOD #: 1 PO#:4500047319 WORK ORDER #:N/A DEPARTMENT: ATM Original Contract Amount: S 405.776.90 (Starting Point) Current BCC Approved Amount: S 405.776.90 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 405.776.90 (Including All Changes Prior To This Modification) Change Amount: s 0.00 Revised ContractIWork Order Amount: $ 405.776.90 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: S 0.00 Date of Last BCe Approval May 24.2005 Agenda Item # 168-18 Percentage of the change over/under current contract amount 0.00% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: November 16.2005 CURRENT: November 16. 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Chanaina substantial irriaation from 30 days to 90 days. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? ChaRae of amount of days needed for substantial due to FPL being behind from Dravious year hurricanes and SWFWD Dennittina. PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Roaer Dick. Jorae Freire. Scott Windham. Gloria Herrera. Rhonda Rembert. Diane Flagg. Norman Feder. and Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: Bo REVIEWED BY: ATION; This form is to be signed and dated. cJ_ /F~ Date: c:> Date: t)W~~ Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E2 September 13, 2jJOA Page 18 Of ~ PROJECT NAME: Golden Gate PaJ1cwav Section A & B PROJECT #: 60027 BID/RFP #: 03-3sJ;. MOD #: 06 PO#: ~5~ WORK ORDER #: 06' DEPARTMENT: Collier County T.E.C.M. Original Contract Amount: S 5.920.319.69 (Starting Point) Current BeC Approved Amount: S 5.9201319.69 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 5.982.726.17 (Including All Changes Prior To This Modification) Change Amount: S (260.316.99) $ 5.722.409.18 (Including This Change Order) Revised ContractIWork Order Amount: Cumulative Dollar Value of Ch~es to this ContractlWork Order: S (197.910.51 ) Date of last Bee Approval Seotember 9. 2003 Agenda Item # 10H Percentage of the change over/under current contract amount.1..Qa4'(% - ~ /ptf~ Formula: (Current Amount I last BCC approved amount)-1 - Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BeC on Purchasing report. For specific information regarding work. order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORlGINAL: January 19. 2005 CURRENT: ApriL15. 200"~ SUMMARY OF PROPOSED CHANGE (8): Identify the changes. This is a balancina chance order to final out the oroiect at a cost savinas to Collier County in the amount of ($260.316.99) JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Balli!nce out Quantities to closeout oroject.".,. PAR-ryeS CONTACTED REGARDING THE CHANGE: Eddie'Martin.Enaineerina Insoector. Collier County. T.E.C.M.. Trev Bar/cav. Proiect Enaineer. KCCS. Robbie Powell. Proiect Manaaer. Better Roads. IMPl~MENT AnON STEPS (Verify each before proceeding with change using Y. N or N/A) y"Proposed change is consistent with the scope of the existing agreement y"Proposed change is in fact an addition or deletion to the existing scope y"Change is being implemented in a manner consistent with the existing agreement Y Th~ appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable ~ PRO~ECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVEBY~.' . 1J',/Z-qs REVIEWED BY . nag Date: <['.,., /~~ nt act Specialist RECEIVED AUG 152005 Transportation "-ling 04Ipen....1I Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E2 September 13, ;Z0.~~5 Page 19/of/L.9 PROJECT NAME: Vanderbilt Beach Road OR 862 PROJECT #: 63061 BIDIRFP #: 04-3676 MOD #: ~ POI: 4&00031427 .weRK e~ ~ 94 DEPARTMENT: T.E.C.M. CUlTentContraet Amount: ,/ (startiug Point) f~..g3 #-v"" (Last Total Amount ApproYcd bY:7 $_37.604,879.73 . (ln~A11 Owlp Prior To This ModifiClllion) $0 ~~ Revised ContractlWork Order Amount: $ 0.00 3'1, &;:,., ~ '110. 'S 3 (lncludiDg This auioge Order) ComalatiVeDollar Value orChaages to this ContraetlWork Order: S{;o.BO j/ $ 37.604.910.53 Original Contract Amount: Current BCC Approved Amount: Change Amount: Date of Last BCC Approval 7-- 27- oJ/- Agenda Item # It!)-If Percentage of the change over/under current contract amount 0 % Fonnula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to BCC ( pUrchasing report. For specific information regaJding work order thresholds, please refer to the ContnL Administration Procedures, section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: November 24.2007 CURRENT: NoVember 24.'2007~ SUMMARY OF PROPOSED CHANGE (S): Identify tile changes. Mowin2 shoulders on Vanderbilt BeacbRoad from StiL 22 J +00 to 8m. 448-1-0088 directed by the Rnrneer.. .. .~ JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Thecontracl did not have DrOvision for mowina Drior to the Dlacement of anv sod or seed and mulching which. included the mOwii1a item. PARTIES CONTACTED REGARDING THE CHANGE: Lynn R. Thome P.E.. Princioal Proiect Manaaer;Collier CounN TransDOrtation EnGlneerina ,& Construction Manaaement Deoartment.: Eddie Martin. Proiect Manaer. Collier COunti4 TransDortation Enaineerina &. Construction Manaaement DeDartment: IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N1A) -2L Proposed change is consistent with the scope of the existing agreement -2L Proposed change is in fact an addition or deletion to the existing scope -2L Change is being implemented in a manner consistent with the existing agreement -L The appropriate parties have been consulted regaJding the change -2L Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This fonn Is to be signed and dated. '} ~.r RECEIVED AUG 19 2005~ Transportation Englneering 0epeI1mInt Revised 4/25/2005 L CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E2 September 13, 200f5Z, Page 20 of 29. PROJECT NAME: Fa~de Renovations of the Collier County Courthouse PROJECT #: 52004 BIDIRFP II: 04-3630 MOO# 3 PO#:4500030390 WORK ORDER #: DEPARTMENT: Facilities Original Contract Amount: $ 330.427.00 (SWtiDg Point) $ 330,427.00 (Last Total Amount Appovcd by the Bee) Current BCC Approved Amount: Current Contract Amount: $218,487.00 (lncJuding All Changes Prior To This MDdi.fu:atioo.) Change Amount: $ 3,730.10 $ 222,217.10 (lucIuding This Change Order) Cumulative Dollar Valoe of Changes to this Contract/Work Order: $ (108,209.90) Revised ContractJWork Order Amount: 't 1/.5 CIo :: /.11 PJ. Date of Last BCC Approval 6/8104 Agenda Item # 13 E 1 Percentage of the change over/under current contract amount -32.75% dJJJJtl.1 An lE' '.t Formula: (Current Amount / Last BCC approved amoun!)-1 Results ana Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section 111.0.4. 1# Ifl-r/o\ CURRENT COMPLETION DATE (S):ORIGINAL: 5/15105 CURRENT: 10/19/05 O' SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Apply exposed aggregate finish on the entry fountain. Engineering for railing and repair chamfer edge @ entry fountain JUSTlACATlON FOR CHANGE (S): What value or benefit do these changes provide tathe-project? The finish on the fountain was old and in order for the paint to stick it had to have new finish and the raifings were and ADA issue PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) _ Y _ Proposed change is consistent with the scope of the existing agreement . _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being . ntad in a manner consistent with the existing agreement _ Y The appropri partie have b consulted regarding the change _ Y _ Proposed ces, fees nd co t forth in the change are reasonable PROJECT APPROVE Oate: NLClQ) UjOr\! c.ool!l. .-N~ 0(").... Z.-N ....OJ EOJOJ OJ..o ro ==EQ.. ro2 1:l Cl. COJ ~(I) <( c .. GI GI GI Cft~" C ::l 0 fl!.coCJ.:.:: ,c E .. (,) 0 0 -=:i: Il'l o o N - en ::l tll ::l <( -e OS o a:l GI ,c .. o .. '0 GI C GI en GI ~ -= C GI GI .- '0 ~.~O ~nsO.:.:: 'cE" (,) e ~ - .. GI - 'C'Cc :l: 0 5 'S: '" E Glo<( tt::i:'" .. o GI .. 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E 8 Q) Q):= := E gg U ~ .E:~ oj'" c Q) "S: OJ <tl tll a.. ~ .~~ <( Q) ".,Cii .Q'tl "C '5 Q) r::r E= .g ~ Q) 0 c. u '" ~ e .8 iilt:: m& E Q) Q) <: .2: co t5 .~ ~ <: o ,Q u ~ J;:o Q) (ij to Q)Q)8 (/):;N Q; OJ ~ ~ .5 g .9 :s Qj 'tl.Q ~ ~ E .~ .Q ~ Q) ro Q) "':;lCf) 5 ~ .s t)~~ ~ ~-g .s ~ ~ Q) 'tl Q) ~ ~.!!2 o "., Q) a g .5 o E :: r- ~ ~ Q)- - <: GIn'S ~Cii~ ~&ll- to) ~ c5 osu ~ ~~c: .~ 5 S ~ ~ ~ o ~ e Agenda Item No. 16E2 September 13, 2005 Page 23 if 29 CONTRACTIWORK ORDER MODIFICATION CHECKUST FORM PROJECT NAME: US 41 ~gadway Ughting, Pine Ridge Rd. to Myrtle Rd. PROJECT #: 60007.2 O.E-3%5 U-- BID/RFP#: 9' 9941' MOD #: 2 PO#: 4500028967 WORK ORDER #: TEI-FT.Q4..02 DEPARTMENT: Traffic Operations Original Contract Amount: $ 56,310.44 (Starting Point) Current BCC Approved AmoRat: $ 56,310.44 (Last Total Amount Approved by the BCC) Curreat Coatract Amount: $ 56,310.44 (Including All O1anges Prior To This Modification) Change Amount: S -251.55 Revised ContractlWork Order Amount: $ 56,058.89 (Including This Oiange Order) Cumulative Dollar Value of Changes to this ContraetJWork Order: $ -251.55 Date of Last BCe Approval: 2/10/04 Agenda Item: #1687 Percentage of the change over/under current contract amount 9:88116120005% -, 1-5 tI!- Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on Purchasing report. For speclfic infonnation . regarding work order thresholds, please refer to the Contract Administration Procedures, Section 1II.C.4. , CURRENT COMPLETION DATE {S}: ORIGINAL: 512612004 CURRENT: 5126/05 SUMMARY OF PROPOSED CHANGE (S): This change is to reduce the reimbursable by $251.55 to bring it down to zero. JUSTIFICATION FOR CHANGE (S): To reduce the cost of the design portion of this project by $251.55. PARTIES CONTACTED REGARDING THE CHANGE: HNTB Coroortation (d/b/a TEl) and Transoortation Services Division of Collier Countv. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable is form is to be signed and dated. Date: /,2'7.- oS '9 (I ~5 Date: Revised 4/25/2005 Agenda Item No. 16E2 September 13, 20052 Page 24 of 29 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: County Utility Standards PROJECT #: 70202 BID/RFP #: 98-2835 MOD #: 1 POI: 107167 WORK ORDER #: WMI-FT-01-11 Original Contract Amount: Current Contract Amount: $ 5.000.00 (Starting Point) $ 5.000.00 (All Changes Prior To This Modification) $ 5.000.00 (Last Total Amount Requiring BCC Approval) $ 14.732.66 Last BCe Approved Amount: Amount of This Change: Revised Contract Amount: $_ 19.732.66 (Including This Change Order) Cumulative Dollar Value of Change Orders to this ContractJWork Order: $ 14.732.66 Date of Last BCC Approval N/A Agenda Item # N/A Percentage of the change over/under current contract amount Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. ~ ;2Q'l.(QC;- % CURRENT COMPLETION DATE (S):ORIGINAL: Auaust 30. 2003 CURRENT: De-UM.heL!. 3/, AlJg~lSlt 2(), 2003 SUMMARV OF PROPOSED CHANGE (S): Identify the changes. Revisions to Water. Sewer and Reclaimed Water Standard Details JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? To provide UP to date details in accordance with current standardsLL ^ d. -ID ~Y"Tl! IU b 77 In IE Foe Com p{"erlDIJ. PARTIES CONTACTED REGARDING THE CHANGE: Finance (Mary Milan. Wilson Miller. Inc. IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) l Proposed change is consistent with the scope of the existing agreement .J::L Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth in the change are reasonable Date: '7 '~2 .oS- Date: (S --{-as CONTRACT/WORKORDER MODIFICATION CHEOKLlST FORM _ PROJECI" NAME:P>pri P.~. R...J;"i/fr4"~ PROJECT #: 701;l.'i!L F:i, G7k~~i AlL.. t ~~r BlDlRFP-t: vr~ MOD#: I . POt: lf~ti~':Z1 WORKORDER#: ];CT~M-Nev-P.>-tI/ Agenda Item No. 16E~ September 13, 200.P Page 25 of 29 DEPARTMENT: fU6D Current Contract Amount: $ ?7J ~6Cf. !52 (Starting Point) $ (/Jot ~uird) (Last Total A Approved by the BCe) DO $ ?~S6t- (lnchidiDg All Changes Prior To This Modification) Ori.gi.JU'd Contract Amount: CurrentBCC Approved Amount: Change Amount: Revised ContractlWork Order Amount: Cumulative Dollar Value of Changes to this ContractJWork Order: $ Date of Last BCf Agproval 1-;;l7 (tor" Appro\!4 o+~ FT Con.-t,,"O, c.1: PercentBge of the change over/under current contract amount Formula: (Current Amount I Last BCC approved amount}-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section /lI.CA. c:s Agenda Item # 16 o % CURRENT COMPLETION DATE (S):ORIGINAL: 5/:;4/0;; CURRENT: c0 V'os . \ . PARTIES CONTACTED REGARDING THE CHANGE: R~rlk51^5 ~ft,....d ~ '/.. . " I i . 1/1.( ^ VI IMPlEMENTATI N STEPS (Verify each before proceeding with change using V, N or N1A) ~ Proposed change is consistent with the scope of the existing agreement 1 Proposed change is in fact an addition or deletion to the existing scope 1 Change is being implemented in a manner consistent with the existing agreement .:i... The appropriate parties have been consulted regarding the change J::: Proposed prices, fees and costs set forth in the change are reasonable Da.te: ,;.<;;..,,",J~..r"""''''''''--';';J;':,~;[''~'''''' Agenda Item NO~~6E2 September 1 005 Page 2 of 29 t.. CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: County Utilities Standards PROJECT #: 70202 BIDIRFP #: 00-3119 MOD #: -LPO#: 4500040777 WORK ORDER #: GH-FT-OS-01 DEPARTMENT: Public Utilities Enalneerlng DeDt. Original Contract Amount: $ 32.947 (Starting Point) Current BCC Approved Amount: $ nla (Last Total Amount Approved by the BCC) Current Contract Amount: $ 32.947 Oncluding All Changes Prior To This Modification) Change Amount: ' S 3.240 Revised ContractIW ork Order Amount: $ 36.187 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $ 3.240 Date of Last BCC Approval nla Agenda Item # Percentage of the change over/under current contract amount 9.8 % Formula: (Current Amount / Last BCC approved amount)-' Results and Actions: If the change exceeds '0% BCC approval is required; under , 0% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 5/31/05 CURRENT: 8/10/05 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. ,) Attendance of additional Utilities Subcommittee meetine in June. 2) Resoonse to and incorooration of Utilities Subcommittee comments into final draft. and 3) Addition of Utilities Standard Detail Drawina(s) into Standards Manual. JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project? To ensure auality of utilities systems/lines beina out in bv Oevelooers and to facilitate the ooeration and maintenance of new svstems beina out in. PARTIES CONTACTED REGARDING THE CHANGE: Tim Moore. Diane Rosavitch. and Roeer Howell of Greeley & Hansen: Phil Gramatoes. Paul Mattausch. Joe Cheatham. Roy Anderson. and Jim DeLonv of Public Utilities Division: Linda Jackson. Lv" Wood. and Steve Carnell of Purchasina IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) l Proposed change is consistent with the scope of the existing agreement L Proposed change is in fact an addition or deletion to the existing scope L Change is being implemented in a manner consistent with the existing agreement -Y- The appropriate parties have been consulted regarding the change -Y- Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. Revised 4/25/2005 .' APPROVEfBY: p REVIEWED BY: Cont Revised 4/25/2005 Date: 6/7/ OS Date: ~/4/{)S I ' Ag~nda Item No. 16E2 eptember 13, 2005 Page 27 of 29 t{t;., CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E2 September 13, 2005 Page 28 S29 , PROJECT NAME: /lett&-Frank R~cI..~!~e~.na .. . PROJECT #: 601~4 / BIDIRFP #: 00-3184 MOD #: 4 ~#: 4500002331 ~ORK ORDER #: PSS-FT-02-01 DEPARTMENT: Transportation Enaineerlna & Construction Manaaement Original Contract Amount: $ 1.265.384.22 (Starting Point) ./ Current BCC Approved Amount: $ /' ,1.488.736.22 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 1 A88.736.22 (Including All Chariges Prior To This Modification) Change Amount: $ ;99.676.00 /' / Revised ContractJWork Order Amount: $ L588A12.22 (Incl\ldi.ng This Change Order) Cumulative Dollar Value of Changes to this ContractlWork Order: $ 323.028.00 Date of Last Bee Approval 3/22/05 Agenda Item # 16B5 Percentage of the change over/under current contract amount 6.7 % Formula: (Current Amount I Last BCC approved amount}-1 Results and Actions: If the change exceeds 10% BCC approval Is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: November 30. 2004 CURRENT: SeDtember 30. 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To Drovid.e inspection services to oversee the corrective measures perlormed by Aiax Paving Inc. on the completed Droject and to provide personnel for research. testimony. and expert evaluations during the Arbitration Process with Aiax on the Goodlette-Frank Road Project. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? To insure that Aiax oerforms the corrective measures orooerlv. and as reauired bv the County Attornev:s office te participate in the Arbitration Process to recover Liauidated Damaaes from the Road Contractor (Aiax Paving Inc.). PARTIES CONTACTED REGARDING THE CHANGE: Lvnn Thorpe (PrinciDal Proiect Manaeer TE&CM), Gene Calvert (Actina Director TE&CM). Tom Deer (Area Manaoer PBS&Jl. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A) ..::L. Proposed change is consistent with the scope of the existing agreement l Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement .:.i- The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGd RESO~'ENDATlO~lhIS form is to be signed and ~~. APPROVE BY: M,( a~~ Date: .?jc:f;J ,;{. . RevisOO4I25/2005Q'1 ~ ~/,;J:Y~J/ . ~ ~~~~ ~" t"~\ ~~~\~\~ ~~ ,.tEWED BY- .,," ",.,' ..' ".' '" ',. .... ., ..,." ." ate: ntract Specialist Revised 4/25/2005 ~~ Agenda Item No. 16E~ I September 13, 200'9 J::> Page 29 of 29 - Agenda Item No. 16E3 September 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve an addendum to the existing Sprint regulated services master agreement (initial estimated annual value $51,900). OBJECTIVE: Approve an addendum to Sprint's existing Regulated Services Master Agreement to allow County departments to procure Ethernet and other data services that were not available at the time the agreement was approved. CONSIDERATION: The Information Technology Department is in the process of changing the County's data network architecture. These changes anticipate the use of Sprint data services that are not part of Sprint's current Regulated Services Master Agreement. These services include high speed Ethernet integration with our current Sprint provided frame relay services and an upgrade to our existing Sprint provided Internet Access. On July 31, 2001, Agenda Item 16{ e )(12), the Board of County Commissioners approved a five year Regulated Services Master Agreement with Sprint-Florida, Inc. for existing and new circuit services. The Information Technology Department recommends that the Board approve the addendum to this agreement to allow the procurement of these services from Sprint. The initial services to be procured under this agreement include a 100 megabit Ethernet connection and a 10 megabit Internet connection. The total annual value of this initial service is $51,900. We contemplate further procurements under this agreement as the situation warrants. FISCAL IMPACT: Funds are budgeted in the Information Technology Department's operating budget in the amount of $51,900. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: The Board of County commissioners approve an addendum to Sprint's existing Regulated Services Master Agreement and approve procurement of services under this agreement by County departments. Prepared by: E. Michael Berrios, IT Operations Manager, Information Technology Department Agenda Item No. 16E3 September 13, 2005 Page 2 of 5 FIRST AMENDMENT TO REGULATED SERVICES MASTER AGREEMENT CONTRACT SERVICE ARRANGEMENT This Contract Service Arrangement ("CSA"), Contract No. BSG0504-0472, , 2005, is by and between SPRINT-FLORIDA, INCORPORATED, P.O. Box 165000-5000, Altamonte Springs, Florida, 32716-5000 ("Sprint") and Collier County, a political subdivision of the State of Florida ("Customer") located at 3301 East Tamiami Trail, Naples, Florida, 34112. This CSA is the First Amendment to that certain Regulated Services Master Agreement # RM3901001 signed by Customer on July 31, 2001 and SPRINT on August 2, 2001. 1. TERM. The Term during which Customer may place orders under this First Amendment is five (5) years. The Term will begin on the first day of the first billing month after the Services are installed and made available to Customer. Sprint will make the Service available only after its compliance with any state-specific regulato!)' filing requirements. This CSA may not be renewed, modified or extended during the Term due to the regulated nature of Service. 2. SERVICE. Sprint will provide the Service identified below in response to a properly authorized Customer purchase order. The applicable Sprint Tariff or Local Terms of Service will govern the terms for Service unless specifically changed in this CSA. Sprint is not obligated to provide the Services until this CSA is approved by the state regulato!)' authority if required. Customer Billing Address Type of Service Order TelID Monthly Recuning Non- Recuning Rate Charge 3301 E. Tamiami TrI, Bldg F Sprint Ethernet See Exhibit A See Exhibit A See Exhibit A Naples, FL 34101 Service (See Exhibit A) 3. RATES. 3.1 Rates for the Service identified in this CSA have been developed on an individual case basis in lieu of existing Tariff offerings on the assumption that each Customer location already has adequate facilities to receive Service. These rates will remain fixed for the Term identified above. Upon expiration of the Term, Customer must convert to the most current rates found in Sprint's Tariff or Local Terms of Service, which are subject to change without notice. 3.2 Sprint reserves the right to assess additional monthly recurring and non-recuning charges for fiber construction to Customer locations that lack adequate facilities to receive Service when Customer places its order. 4. TARIFFS I LOCAL TERMS OF SERVICE. 4.1 "Tariffs" refer to Sprint Local Telephone Interstate Access Tariff F.C.C. No.3, Sprint state access service tariffs and Sprint general exchange I customer tariffs filed with and approved by respective federal and/or state regulato!)' commissions for the location(s) in which Service is provided. Tariffs contain rules and regulations applicable to Sprint's facilities and provision of Service, general customer relations, and Sprint's overall operations. Changes to the Sprint Tariffs will not release Customer from the terms of this CSA or otherwise justify termination. 4.2 In the absence of a Tariff or if Sprint withdraws its Tariffs, Sprint wiII provide Service under the state- specific Local Terms of Service posted at <http://www.sprint.comlregulato!)./> on the later of the Effective Date or when the withdrawal becomes effective and incorporated by this reference. 4.3 This CSA and the applicable Sprint Tariff or Local Terms of Service will govern the terms for Service. In the event of any inconsistencies or conflicts between this CSA and the applicable Tariff or Local Terms of Service, this CSA will take precedence. Page 1 of3 - Agenda Item No. 16E3 September 13, 2005 Page 3 of 5 5. TERMINATION. If Customer gives notice of cancellation or termination, disconnects any portion of a Service or othelWise breaches this CSA resulting in the termination of Service before the end of the Term, any applicable termination liability will apply as calculated and set forth in the applicable Tariff or Local Terms of Service. If no termination liability is specified in the Tariff or Local Terms of Service, Customer will be liable for 50% of the monthly payments that would othelWise remain in the Term. 6. LIMITATION OF AMENDMENT. Except as specified in this CSA, all terms and conditions of the Regulated Master Services Agreement will remain unchanged and in full force and effect. AGREED: Sprint-Florida, Incorporated Collier County Board of County Commissioners By: Printed: By: Fred W. Coyle, Chairman ATTEST: Title: Date: DWIGHT E. BROCK., Clerk Deputy Clerk Address for Notices: Address for Notices: Collier County Purchasing Director 3301 Tamiami Trail East Naples, FL 34112 Approved as to form and legal sufficiency: Assistant County Attorney Page 2 of3 Agenda Item No. 16E3 September 13, 2005 Page 4 of 5 Exhibit A Ethernet Pricing 1 Year 3 Year 5 Year Order Term Order Term Order Term 5 Meg Basic $795.00 MRC $695.00 MRC $595.00 MRC $750.00 NRC N/A NRC N/A NRC 5 Meg Managed $895.00 MRC $795.00 MRC $695.00 MRC $750.00 NRC N/A NRC N/A NRC 10 Mea Basic $895.00 MRC $795.00 MRC $695.00 MRC $750.00 NRC N/A NRC N/A NRC 10 Meg Manaaed $995.00 MRC $895.00 MRC $795.00 MRC $750.00 NRC N/A NRC N/A NRC 100 Meg Basic $1,695.00 MRC $1,495.00 MRC $1,295.00 MRC $750.00 NRC N/A NRC N/A NRC 100 Meg Managed $1,795.00 MRC $1,595.00 MRC $1,395.00 MRC $750.00 NRC N/A NRC N/A NRC 500 Meg Basic $2,295.00 MRC $2,095.00 MRC $1,895.00 MRC $950.00 NRC N/A NRC N/A NRC 500 Meg Managed $2,395.00 MRC $2,195.00 MRC $1,995.00 MRC $950.00 NRC N/A NRC N/A NRC 1 Gig Basic $2,995.00 MRC $2,895.00 MRC $2,695.00 MRC $950.00 NRC N/A NRC N/A NRC 1 Gig Managed $3,095.00 MRC $2,995.00 MRC $2,795.00 MRC $950.00 NRC N/A NRC N/A NRC Page 3 of3 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONE.RS 16EJ Agenda Item No_ 16E3 September 13, 2005 Page 5 of 5 ReGommendaliOIl to approve an addendum to the eXisting Sprint regulated serviGes mll!>tel agre-~rnent (initial estimaled annual value $51.900) 9/13/20059:00:00 AM D... Prepared B)' Michael Berrios Administrati....e Services Network Operations Manager Information Technology 8/ZQf2005 3:14:05 PM D... Approved By Barry Axelrod Administrative Services InforrnMion Technology Director lnformatlon Technology 8i29I200!i 4:11 PM Dol. Approved By Linda Jackson Adminifrtrative Services Contracts Agent Purchasing 81301200511 :25 AM Dol. Allproved By Kelsey Ward AdmInistrative ~rvices Senior Purchasing nod Contracts Agent Purehaging 9/1(2.0058:51 AM Len Golden Price Dat. Approved B)' Admfnistrative SE'rvices Administrative Services AdminrstrJlor Administrative Services Admin 911(2005 9:01 AM Approved By OMS Coordinator County Manager's Office Administrative Assistant Office- of MUnDgement & Budget Om. 9(1/2.0052:50 PM Mkhael Smykowski Dol. Approved By County Manager's Office Managernerrt & Budget Oire<:tor Office of Mnnagement & Budget 9/1f2.005 3:31 PM Approved By James V, Mudd SOllm of County C~mmissloner$ County Manager County Manager's Office D... 91212005 4:15 PM Agenda Item No. 16F1 September 13, 2005 Page 1 of 151 Summary of Executive Summaries Approved in the Board's Absence for 8/09/2005 16F1A. Recommendation to Approve Amendment No.1 to Work Order No. 04-3598; Professional Engineering Services for Capacity, Management, Operations and Maintenance Staff Optimization Assessment for Collier County Wastewater Systems, Project 72517 in the amount of $22,000.00, and extension of contract completion. 16F1 B. Recommendation to award Bid #05-3834 "Recycling Fitness Walk" to Bright River Sales and Caple Landscape Management for the construction of an Innovative Recycling Fitness Walk at Eagle Lakes Park in the amount of $46,243. 16F1 C. Recommendation to approve a landscape installation and maintenance agreement between Estuary at Grey Oaks Property Association and Collier County for landscaping within the right-of- way on Golden Gate Parkway. 16F 1D. Approval of Budget Amendment 05-484. - 16F 1 E. Recommendation to approve an amendment to work order number PHA-FT -03-02 assigned to Pitman-Hartenstein & Associates Inc. to include CEI services overseeing construction of the second segment of the Immokalee Fifth Street Stormwater Improvement Project (project number 51725) in the amount of $33,763 increasing the total work order amount from $121,330 to $155,093. 16F 1F. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. 16F 1 G. To minimize the cost of issuance for all County bonds transactions by participating in the Preferred Pricing Program (40% discount) offered by Moody's Investors Service. 16F 1 H. Recommendation for the Board of County Commissioners to approve a budget amendment to transfer funds in the amount of $2,405.01 from the General Fund (001) into the Transportation Disadvantaged Fund (126) for the sale of surplus vehicles. - Agenda Item No. 16F1 September 13, 2005 Page 2 of 151 EXECUTIVE SUMMARY Recommendation to Approve Change Order No. 1 to Work Order No. 04-3598; Professional Engineering Services for Capacity, Management, Operations and Maintenance Staff Optimization Assessment for Collier County Wastewater Systems, Project 72517 in the amount of $22,000.00, and extension of contract completion. OBJECTIVE: The public purpose is to provide further professional engineering services for Capacity, Management, Operations and Maintenance Staff Optimization Assessment for Collier County Wastewater Systems, including an additional series of staff optimization workshops, benchmarking, and comparison assessment in order to comply with anticipated Environmental Protection Agency (EP A) requirements with regard to the Sanitary Sewer Overflow (SSO) Rule. CONSIDERATIONS: On May 25, 2004, as Agenda Item 16 C 1, the Board approved and entered into Contract No. 04-3598 with RJN Group, Inc. for the intent of a Capacity, Management, Operations and Maintenance (CMOM) Optimization Assessment study to identify, and prioritize work practice areas requiring action plans, and capital improvements that, when implemented, will greatly minimize the chances of raw sewage spills. For a utility to have a CMOM study guiding such action is the first phase compliance measure. On June 14, 2004, a Notice to Proceed with Contract #04-3598 was sent to RJN Group, Inc. in addition to purchase order 4500029517 in the amount of$59,618.02, which identified $10,000 in time and materials for Task D. The scope for Task D could not be established prior to Tasks A through C being completed. Currently, Tasks A through D have been completed. On May 27,2005, the Wastewater Department received invoice number 17-1952-00-03 in the amount of $25,600.00, which was for the completion of staff optimization workshops that took place on May 10, 11, and 12, 2005, in Collier County. This invoice includes costs for Task D. As a result of a better definition of scope for Task D, Change Order No. 1 to Contract 04-3598 is needed to authorize the additional consultant work that was necessary to conduct an additional series of staff optimization workshops, benchmarking, and comparison assessment, which could not be established prior to Tasks A through C being completed. Compensation for Task D has changed from the original time and material to a lump sum amount. Contract completion has been extended to September 30, 2005, due to the Consultant's office being destroyed during the 2004 hurricane season. Staff has negotiated a fee increase of $22,000.00 for Change Order No.1. All the specific details on the additional services described above are documented in the April 19, 2005 attached proposal from RJN Group, Inc. The following summarizes the breakdown of cost associated with this proposal: ,- Agenda Item No. 16F1A August9,2005 Page 1 of 9 Task I Kickoff Meeting Task 2 First Meeting Session Task 3 Second Meeting Session Task 4 Staff Optimization Plan Task 5 Assessment of Information Received Task 6 CMOM Compliance Status Task 7 CMOM Assessment Report Draft Task 8 Third Meeting Session, Final Report TOTALS * See Attachments ORIG. COST CO#.I COST* Agenda Item No. 16F1 September 13, 2005 Page 3 of 151 TOTALS $ 3,653 $ 5,951 $ 6,529 $ 10,000 $ 7,692 $ 7,400 $ 7,594 $ 10.799 $ 59,618 $ 0 $ 0 $ 0 $ 22,000 $ 0 $ 0 $ 0 $ 0 $ 22,000 $ 3,653 $ .' 5,951 $ 6,529 $ 32,000 $ 7,692 $ 7,400 $ 7,594 $ 10.799 $ 81,618 After a careful analysis of the proposed costs, and comparing them to similar proposals on file, Staff finds them to be fair and reasonable, and, therefore, recommends approving and authorizing Change Order No. I. The Clerk's Finance and the County's Legal Department have reviewed Change Order No. I. Contract Specialist, Lyn Wood, assisted with the preparation of Change Order No. I and this Executive Summary. The proposed costs are considered fair and reasonable as reviewed by the Purchasing Department. Approval of this Change Order by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this Change Order shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMP ACT: Funds in the amount of $22,000 are available in County Project No. 72517 - Professional Engineering Services for Capacity, Management, Operations and Maintenance Staff Optimization Assessment for Collier County Wastewater Systems. Source offunds is Fund 414 - Wastewater User Fees. This project is consistent with the 2005 Fiscal Year Capital Improvement Budget approved by The Board of County Commissioners on September 23, 2004. GROWTH MANAGEMENT IMP ACT: This project is consistent with, and furthers the Goals, Objectives, and Policies of the Collier County Growth Management Plan, and is consistent with the 2003 Wastewater Master Plan Update adopted by The Board of County Commissioners on May 25, 2004, Item 10 C. RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as Ex-officio governing board for the Collier County Water-Sewer District, approve and authorize the County Manager or his designee to execute Change Order No. I to Contract No. 04-3598, Professional Engineering Services for Capacity, Management, Operations and Maintenance Staff Optimization Assessment for Collier County Wastewater Systems, Project 72517. - PREPARED BY: Marisa Garcia, Wastewater Operations Analyst Agenda Item No. 16F1A August 9, 2005 Page 2 of 9 ,"'-' Item Number: Item Summary: Meeting Date: Agenda Item No. 16F1 September 13, 2005 Page 4 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1A Recommendation to Approve Amendment No, 1 to Work Order No, 04-3598; Professional Engineering Services for Capacity, Management. Operations and Maintenance Staff Optimization Assessment for Collier County Wastewater Systems, Project 72517 in the amount of $22,000,00, and extension of contract completion, 8/9/2005 9:00:00 AM Prepared By Marisa Garcia Public Utilities Operations Analyst Date WasteWater 7/22/20054:32:44 PM Approved By G. George Yilmaz Public Utilities Interim WasteWater Director Date WasteWater 7/29/20055:36 PM Approved By lyn Wood Administrative Services Purchasing Agent Date Purchasing 8/112005 8:42 AM Approved By Kelsey Ward Administrative Services Senior Purchasing and Contracts Agent Date Purchasing 8/1/2005 2:09 PM Approved By Thomas Wides Public Utilities Operations Director Date Public Utilities Operations 8/3/200511:44 AM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Date Public Utilities Engineering 8/3/20051:14 PM Approved By James W. Delony Public Utilities Public Utilities Administrator Date Public Utilities Administration 8/4/2005 2:58 PM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 8/4/20054:27 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 8/10/200512:42 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 8/16/20068:64 AM Approved By James V. Mudd Board of County Commlss ioners County Manager Date County Manager's Office 8/16/20053:47 PM Agenda Item No. 16F1A August 9. 2005 Page 3 of 9 ROUP, INC. loyee-Owned Firm Agenda Item No. 16F1 September 13, 2005 Page50f151 160 S.W. 12th Avenue, Suite 110 Deerfield Beach, FL 33447 954.698.970.. fax 954.698.0330 ,-z,. Inf Consultin( and on TechnolofY Services April 19, 2005 www.rjn.com Mr. Joseph Cheatham, P.E. Director of Wastewater Public Utilities Division 3301 Tamiami Trail, Bldg H Naples, FL 34112 Subject: Collier County Contract # 04-3598 "Professional Engineering Services for Capacity, Management, Operations and Maintenance Staff Optimization Assessment for Collier County Wastewater Systems" Addendum #0 1 Dear Mr. Cheatham: RJN Group, Inc. is pleased to submit this proposal to Collier County. The purpose of this addendum to our original contract is to conduct an additional series of staff optimization workshops, and benchmarking, and comparison assessment. To complete the optimization task, RJN will perform a series of three workshops with the Wastewater Department staff in May 10, 12 and 12, 2005. The session will be broken down into thr~ days as follows: Dav One - The fIrst day session will be conducted by the RJN Team and it will involve a workshop with Senior Field Supervisor Dave Fitts' Group. It will include the Pump Shop Crew Leader, The Rehabilitation and Valve Maintenance Crew Leader and the Camera / Vactor Crew leader. A small representative group offIeld personnel under each of the three . senior crew leaders will also be invited to take part. Steve Nagy will also take part in this workshop. The workshop will concentrate on obtaining from staff information pertaining as to their daily operations and tasks. The RJN team will aim to fInd out from the attendants how work orders are generated, how are they keeping track of completed work orders, what happens once a work order is completed, how is the staff documenting the daily tasks and how the crews' performance is evaluated, etc. The purpose for this workshop is to research and gain a very detailed and accurate understanding of the daily operations and procedures of this particular group. RECEIVED APR 2 1 2005 AgeJJ~gl\~~~~~ENT Page 4 of 9 Agenda Item No. 16F1 September 13. 2005 Page 6 of 151 Mr. Joseph Cheatham, P.E. April 19, 2005 Page Two Day Two The second day ..session Will be conducted by the RJN Team and it wiil involve a workshop-With Senior'Field Supervisor Jim Gammell' Group. It will include the North Field and South Senior Crew Leaders, Senior Instrumentation and Telemetry Technician and the.Odor Control Specialist. Similarly to the first day's workshop, a small representative group offield personnel under each of the four senior crew leaders will , also be invited to take part. Steve Nagy will also take part in this workshop. The workshop will again concentrate on obtaining from staff information pertaining as to their daily operations and tasks. The RJN team will aim to find out from the attendants how work orders are generated, how is the staffkeeping track of completed work orders, what happens once a work order is completed, how is the staff documenting the daily tasks, how the staff's performance is evaluated, etc. The purpose for this workshop is to research and gain a very detailed and accurate understanding of the daily operations and procedures of this particular group. Day Three ~' nus session will also be conducted by the RJN Team and it will be aimed to the senior management of the Department. It will include Steve Nagy, Joe Cheatham and key senior staff. At this meeting, the RJN team will present the findings from the workshops from the previous two days. Part of this workshop will also serve as brainstorming session to identify areas of improvements. The ideas or suggestions that result from this session will serve as the basis of the Optimization report that will be submitted to the county. '.- BenchmarkinlZ I Comoarison and R~ort nus Task will include the preparation of a questionnaire to be mailed to Palm Beach and Sarasota County Utilities Departments. The T earn will mail out the survey to those two utilities and follow up with telephone call to capture the infonnation required. The purpose of this task is to gain.an insight into those two utilities' operating procedures and to be able to compare it to Collier County's department. The RJN team will use the information gathered during the workshops to compare and bench mark Collier County's operations against that of Palm Beach and Sarasota County. The fmdings of the workshops and of the benchmarking/comparison effort will be presented to the County in a special report. . RJN GROUP, INC. Agenda Item No. 16F1 September 13, 2005 Page 7 of 151 Mr. Joseph Cheatham, P.E. April 19, 2005 Page Three SCHEDULE RJNwill start.the project within two weeks ora verbal authorization or receipt of a P.O. , . No. The 'work will be performed on May 10, 11 and 12,2005. A draft of the report will be submitted by the June 3, 2005. COMPENSA nON RJN will perform the services described herein; for a lump sum amount of $32,000. Payment to RJN will be based on monthly invoices. Please contact us if you have any questions or if you would like further information. We look forward to being of service to you and to Malcolm Pirnie. Very truly yours, RJN GROUP, INC. ,- A~" ~.. P --<..J' Rodolfo B. Fernandez, P.E. Principal RBF: LER: law RJN GROUP, INC. Engineering Consulting and n f i I ,,- i ! I i I I ~ , , j I , , , , ! . . , , , ~ I i j , i j ! t i l , ! € ~_. RJN GROUP INC S6489903a0 07111/06 9525410193 1112~ R 00:2 ~yena~ ITem No. 16F1 Septer-ntler 13, 2005 Page 8 of 151 11 Jul 05 10.01a W.,lA.JGI01WD Agenda Item No. 16F1A August 9, 2005 Page 7 of 9 CHANG! ORDER '1 !'ROM: ColI:ier COUMy GovUllftK!Rt TO: UN Gn.... lac:. Jtit 5."'.12'" A...IIt~ S.iteIJO Dee....d IMac),.FL 3344% Project Namc= Pro! Eng. Services forCMOM A.~C$smcnt Bid No. : 04-)598 ChanSl!: Order No.: I Oated: May 2S. 2004 Date: J\.I~ )<<), 2005 <."Range Ord<< D~ian: 1'0 bettEr dct\de the scope of Task D. SbdrOprimi2'ati(\nPIaD. wbieh COIIId not be esrabtished prior to Ta.'1bA-C IMina complfted.. Compcl1SatioD for Task D wilt change from the C7l'lgina.l time and matc:riallo a Iwnp sum amount. Original Agreement ArnOt_ . ................. ................................... .............. $$9,61 8.00 SIlIRoflJlVrious ChangcOrdets AmouAt ........._......_........_...................S-o- This Cbange Order Amount ................. ....................................... ............S22,OOO.OO Rni~d Agret:menl AtnO'llftI., ........ .... ..... .................... .............. -......-..-... $81,618.00 Original ,COmtICt Time in calendar .)'S 125 A4justcdllumbcr of calendar days due to prcvjoU$ Change Orders 125 This Cbaogc: Ordct- ~edlimc is 337 RtJ1';'M Cnn"ocl T'mur. in ctrI.l!IUfIar. 462. OriglnalNQtice (0 Procud Date: Juoe 28, 2004 Completion date &am on orlginaf COfltmct Timo: (X:tobcr 29. 2004 Revised t:ompIetio1l date; Scpkmbcf 30. ZOOS Coatrllotor'saWQeJllllflCe aftftil Ch_ge OnIc:rshall c:onatilutealhOdi~JI 0dtc Agre<<4Cflund wilt be pcrformcld~. to.lI the S8~ ttll'ms and. condltiOll$ eJ. ~laiD&:diGthoApemont. as iflbe same were npllalcd in tt1r, lICCCflI*DCe. The a.d~;f lQl.)',to thcAp-ecotCftt shallCOllllfhto a filll and fiaahettlc:mcnt uf any ad 1ot1l c]airm of'tbe C(lntradOr arising out 0(.. or related to. d1ec:.hange set thrth herein, inducting claims fur impact and "l.y costs. P..Hdby:~ ~ Date: .iLt/05 Marisa Garcia,. Operations Ana'yst,. WastewatcrD"=u..,,,cnt ~--t. , ,.- Acccptcdby:~~~ ..._ Dele; -.J"""I, i112a1.,) ION Group, 1Dc~ Consubnt UorJo'f- a _ ~-:;Ie 21/ P.t: . Appnwed by:__. Date: .___ <.:iax'~ Yiknn:r., Intcl'itn W......,... Direcfor Authorized by ~ O~ Jim DeLony. P.R, Public VtilitifsAdmlnistrltor (For IIRCby Owner: Fund _ C<Ost Center. _~_ Ob.icr;t Code: --) ~t Number. Reyised 2124nOO5 ; Agenda Item No. 16F1 September 13, 200s--"~ Page 9 of 151 ! Date: 7112/05 E-Mailed To Bonnie: Project Name: Prof. Eng. Servo For CMOM for Wastewater Project Number: 72517 BIDIRFP #: 04-3598 Mod#: PO#; 4500029517 Work Order Number: Contractor/Consultant RJN Group Inc. Original Contract Amount: $_59,618.00 (Starting Point) Currcnt BeC Approved Amount: $_59,618.00 (Last Total Amount Approved by the BCe) Current Contract Amount: $_59.618.00 (Including All Changes Prior To This Modification) Change Amount: $ 22,000,00 Revised Contract/Work Order Amount: $ 81,618.00 (Including This Change Order) Cumulative Dollar ValueofChanges to this Contract/Work Order: 1--22,000.00 Percentage Of The Change Over/Under Current Contrai:t Amount: _36.9 01 'D Overview of change : To better define the scope of Task D which could not be established prior to Tasks A-C being completed. Compensation for Ta~k D will change from the'original time and material to a lump sum amount. Contract completion extended to September 30,2005 due to Consultant's olTIcebeing strayed during 2004 hurricane. Contract Specialist: I Date: 7 /I..;z/Q~ Scanned Date: Data Entry Infonnation: Type of Change: Contract Project Manager: Marisa Garcia Department: Wastewater Chao!,'C Category Type. Circle One Below: 1,5,6 l. Planned or Elective 2. Unforeseen Conditions 3. Quantity Adjustments 4. Correction of Errors 5. Value Aclded 6. Schedule Adjustments Scanned copies of/he back up documentation may be located on the Purchasing G drive: Revised 7/l 1/05 Agenda Item No. 16F1A August 9, 2005 Page 8 of 9 CONTRACTNVORKORDER MODIFICATION CHECKUSTFORM Agenda Item No. 16F1 September 13, 2005 Page 10 of151 ....QROJECT NAME: Prof. Eng. Serv. For CMOMfor Wastewater PROJECT #: 72517 SIDlRFP #: 04-3598 MOD #: 1 POI:_ 4500029517 WORK ORDER It. DEPARTMENT:_Wastewater Current BCC Approved Amount: S 59,618.00 (Starting Point) $ 59, 618.00 (Last Total Amount Approved by the BCe) Original Contract Amount: Current Contract Amount: $ 59,618.00 (lncludingAll Clumges Prior To This Modification) Change Amouut: $ 22,000.00 Revised ContractIWorkOrder Amount: $ 81,618.00 (IncludingTIris Change Order) CUDlwative Dollar Value of Changes to thisContractIW ork Order: S _22,000.00 Date of Last BeC Approval 5125104 Agenda Item # _16C1 _Percentage oUhe changeoverlundercurrentcontractamount_36.9 % 'ormuta: (Current Amount I Last BCCapproved amount)-1 rtesults and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCCon Purchasing report. For specific information regarding work order thresholds. please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DA TE(S):ORIGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): Idf!ntifythe changes. Addition of meetings for staff optimization workshops, benchmarking and comparison · assessment. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project: To better define the scope of Task D) Staff Optimization Plan, which could not be established prior to Tasks A,..C being completed. Compensation for Task D will change from the original time and material to a lump sum amount. Project completion extended due to local office being destroyed by 2004 hurricane. PARTIES CONTACTEDREGAROIN.G THE CHANGE: LvnWood. Joseoh Cheatham IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N orNlA) _ y _ Prq')OS8d change is consistent with the scope oUheexismrlQagrBement _ Y _ Proposed change is in fact an addition or deletion totheexiStingscop$ _ Y_ Change Is being implemented in a manner oonsistentWith the eXisting agreement _Y _ The appropriate parties havebeenconsulted.regarding .,th$ ctulnge _ y _ Proposed prices, fees and costs set forth in ttle change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. -APPROVEBy:1l1~~ Date: tJ!3D/OS' Project nage I REVIEWED BY: ? Date: ~ij ~/~~ Con pecialist Agenda Item No. 16F1A August 9, 2005 Page 9 of 9 Agenda Item No. 16F1 September 13, 2005 Page 11 of 151 EXECUTIVESU~ARY Recommendation to award Bid #05-3834 "Recycling Fitness Walk" to Bright River Sales and Caple Landscape Management for the construction of an Innovative Recycling Fitness Walk at Eagle Lakes Park in the amount of $46,243.00. OBJECTIVE: To obtain approval from the Board of County Commissioners to award contracts for construction of the Innovative Fitness Walk to Caple Landscape Management in the amount of $2,282 and Bright River Sales in the amount of $43,961. CONSIDERATION: The Solid Waste Management Department (SWMD) submitted a proposal to the Florida Department of Environmental Protection (FDEP) for an Innovative Waste Reduction and Recycling Grant for a Recycling Fitness Walk at Eagle Lakes Community Park in November 2003. The amount of $63,000.00 was allocated on April 30, 2004 by FDEP for this proposal. The SWMD has committed matching funds of $7,500 for this project. The Board of County Commissioners approved acceptance of this grant at its regular meeting of December 14, 2004. The objective of this project is to promote recycling by the use of recycled material in a highly visible and accessible venue. The use of recycled material in the construction of the walk, including recycled tire rubber surfaces and activity equipment, will stimulate the market for sale of recycled material. In addition, promoting and teaching recycling and waste reduction will in turn reduce waste, save landfill space and natural resources, having an overall environmental benefit. This will be a joint project between the SWMD and the Parks and Recreation Department. The Recycling Fitness Walk will be located at Eagle Lakes Community Park. Collier County has until November 30, 2005 to complete the project. Bid #05-3834 for the Recycling Fitness Walk was publicly advertised April 13, 2005. The scope of work in this bid contained three sections (sidewalk, equipment area and fitness equipment) allowing the bidders to present a proposal on the entire project or on one section of the project. The proposals were opened on May 4,2005. There were three proposals received. Caple Landscape Management was the lowest, qualified and responsive bidder on the sidewalk with a price of $2,282. Bright River Sales was the lowest, qualified and responsive bidder for the equipment area with a price of $23,889 and the fitness equipment in the amount of $20,072. Staff recommends awarding construction contracts to these two vendors. Approval of this contract by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this contract shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Agenda Item No. 16F1 B August9,2005 Page 1 of 4 Agenda Item No. 16F1 September 13, 2005 Page 12 of 151 FISCAL IMPACT: The Solid Waste Disposal grant Fund (472) will receive revenue in the amount of $63,000 from the FDEP grant. Grant funds are received on a quarterly basis through submission of reimbursement requests. Local matching funds in the amount of $7,500 are required and are available in Fund (470). GROWTH MANAGEMENT IMP ACT: This action is consistent with the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the award of Bid #05-3834 "Recycling Fitness Walk" to the following vendors: Caple Landscape Management and Bright River Sales and authorize the Chairman to execute the standard contracts after review by the County Attorney's Office. PreDared by: Denise Kirk, Waste Reduction & Recycling Manager, Solid Waste Management Department Agenda Item No. 16F1 B August 9. 2005 Page 2 of 4 Item Number: Item Summary: Meeting Date: Agenda Item No, 16F1 September 13. 2005 Page 13of151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1B Recommendation to award Bid #05,3834 "Recycling Fitness Walk" to Bright River Sales and Caple Landscape Management for the construction of an Innovative Recycling Fitness Walk at Eagle Lakes Park in the amount of $46,243, 8/9/20059:0000 AM Date Prepared By Denise Kirk Public Utilities Waste Reduction & Recycling Manager Solid Waste 7122/20059:14:22 AM Date Approved By Jack P. Curran Administrative Services Purchasing Agent Purchasing 7/27/20058:46 AM Date Approved By Mike Ha uer Administrative Services Acquisition Manager Purchasing 7/27/20059:08 AM Date Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing 7/27/20059:32 AM Date Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations 7/27/20059:43 AM Date Approved By G, George Yilmaz Public Utilities Interim WasteWater Director WasteWater 7/2812005 9: 11 AM Date Approved By Robert N. Zachary County Attorney Assistant County Attorney County Attorney Office 7/28/200511 :28 AM Date Appro\'ed By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration 7/28120052:49 PM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 7/28/2005 4: 25 PM Date Approved By Randy Greenwald County Manager's Office Management/Budget Analyst Office of Management & Budget 71291200511:28 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 8/5/2005 5:12 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 8/8/200510:07 AM Agenda Item No, 16F1B August 9, 2005 Page 3 of 4 u:: ~ iii t;.! COO;l'1:' '->1 Q) '9.i!: ~ I ~ E 0;. ~ ~-E ~ ro,$ CD 1:l 0.. CU c:0) is ~(/) CU <( a. ~ J!! 1ii 3: ~ ..., L.: m Cl III c: III :E 1:) CD 'e- a. ~ 1ii 3: ~ Q) .s u:: Cl .S: } a::: " ~ CD ('t) ah o '1:' as j~ cn8 J !. .9!~ 0. en III '1:' o c: III ..J ... 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C ,.2 15 IE cl'" ~I~ ::liB 01- IC C,(Q '8li~ ""111 +-l~ c:e all Cl" <13: Agenda Item No. 16F1 September 13, 2005 Page 15 of 151 EXECUTIVE SUMMARY Recommendation to approve a landscape installation and maintenance agreement between Estuary at Grey Oaks Property Association and Collier County for landscaping within the right-of-way on Golden Gate Parkway. OBJECTIVE: For the Board to approve enhanced landscaping along Golden Gate Parkway, a County Road, and to assure landscape buffering on Golden Gate Parkway. CONSIDERATION: The Agreement for enhancements along Golden Gate Parkway is attached to this Executive Summary (Attachment No.1). The Agreement permits the installation of an enhanced landscaping and irrigation installation. The Agreement provides for future ongoing maintenance of all improvements within the County's right-of-way. The future owners within the Estuary at Grey Oaks Property Association will be financially responsible for the maintenance and future replacement of the Improvements. The County has the right, under the Landscape Maintenance Agreement, to direct the Estuary at Grey Oaks Property Association to make any necessary repairs or, if the County's direction is not complied with, to make the repairs and bill the Grey Oaks Property Association. Further, the Agreement indemnifies the County from any action on the part of the developer or the property owners association that might be detrimental to the County. Finally, the Agreement incorporates a set of Maintenance Specifications that the developer and the property owners association must comply with. Approval of this agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this agreement shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by the Board. FISCAL IMP ACT: The recording fees not to exceed $200.00 are the responsibility of the Estuary at Grey Oaks Property Association. All expenses associated with the improvements and the related ongoing maintenance shall be the responsibility of the developer and the property owners association. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: Recommendation that the Board approves the attached Agreement and authorizes the Chairman to execute it on behalf of the Board. Prepared By: Pamela Lulich, RLA, ASLA, Proj ect Manager, Alternative Transportation Modes Attachment: Agreement Agenda Item No. 16F1 C August 9, 2005 Page 1 of 11 Item Number: Item Summary: Meeting Date: Agenda Item No. 16F1 September 13. 2005 Page 16 of 1 51 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1C Recommendation to approve a landscape installation and maintenance agreement between Estuary at Grey Oaks Property Association and Collier County for landscaping within the right.of-way on Golden Gate Parkway. 8/9/2005 9:00:00 AM Prepared By Pamela J. Lulich Transportation Services Project Manager Date Alternative Transportation Modes 712512005 3:01 :28 PM Approved By Pamela J. Lulich Transportation Services Project Manager Date Alternative Transportation Modes 712612005 1 :24 PM Approved By Diane B. Flagg Transportation Services Director of Alternative Transportation Modes ATM Director Date Alternative Transportation Modes 7126120051:42 PM Approved By Lynn R. Thorpe, P.E. Transportation Services Principal Project Manager Transportation Engineering and Construction Date 7/271200511 :31 AM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Administration 7127120051:15 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date Approved By County Attorney Office 811120058:40 AM Nonn E. Feder, AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 814120057:30 AM Approved By Pat Lehnhard Transportation Services Executive Secretary Date Transportation Services Admin 81412005 9:21 AM Approved By OMB Coordinator County Manager's OffIce Administrative Assistant Date Approved By Office of Management & Budget 814120054:28 PM Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 8116120058:58 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 8116120054:12 PM Agenda Item No. 16F1 C August 9. 2005 Page 2 of 11 Agenda Item No. 16F1 September 13. 2005 Page 17 of 151 STANDARD FORM LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement ("Agreement") is entered into this _ day of , 2005, by and between Collier County, Florida, a political subdivision of the State of Florida whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as the "County"), and Estuary at Grey Oaks Property Owners Association, Inc., a Florida not-for-profit corporation, whose mailing address is c/o Grey Oaks Community Services Inc., 2386 Grey Oaks Drive, N., Naples, Florida 34105 (hereinafter referred to as the "Association"). RECITALS: WHEREAS, County is the owner of that certain right-of-way located in Collier County, Florida and known as Golden Gate Parkway (hereinafter referred to as "Road"); and WHEREAS, Section IV-B-12 of the Construction Standards Handbook for Work Within The Public Rights-Of-Way, Collier County, Florida (2003) provides as follows: Permitting The responsible property owner or his authorized agent must apply for a "Permit to Perform Work and/or Maintenance in Public Rights-oJ-way ". Landscaping Permit Within the public rights-of-way: A private owner, Developer or civic or homeowners' association desiring to landscape within a public right-of-way shall submit a landscape and irrigation construction documents prepared by a licensed landscape architect for County review. The Permit application shall include three (3) sets of detailed plans indicating the existing right-oJ-way facilities and the type and location of the proposed plantings, location of electrical and irrigation systems(s). After acceptance of the landscape and irrigation plans, a landscape agreement shall beprepared by the contracting parties and approved by the County attorney's office. (See Appendix for example) The purpose of the landscape agreement is to ensure that the Permittee, or his successors or assign, shall be responsible to maintain such material and irrigation system until removed or unless otherwise specified; and WHEREAS, in keeping with the above, the Association has applied fora Landscaping Pennit Within the Public Rights-of-Way, and has submitted landscape and irrigation construction documents prepared by a licensed landscape architect for County review. Copies of the plans are attached hereto as Schedule "A". The Association shall follow the Collier County Maintenance specifications attached as Schedule "B". NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1 of4 Agenda Item No. 16F1C August 9.2005 Page 3 of 11 Agenda Item No. 16F1 September 13, 2005 Page 18 of 151 1. Subject to the issuance of aU necessary pennits, County hereby grants to the Association the right to use those portions of the Road depicted in Schedule "A", for the sole purpose set forth in Schedule "A". The Pennits address, among other things, the timing oftbe work, maintenance of traffic flow during construction, and the pennissible lane closures during the time that work is to be perfonned. 2. The Association agrees to construct and maintain the improvements set forth in Schedule "A" (hereinafter referred to as "Improvements") at its sole cost and expense, until such time as the County executes a release from indemnification as discussed below. Association also agrees that it is installing the Improvements at its own risk and it shall not be entitled to compensation for the installation or subsequent removal of the Improvements. Association shall fonow the Collier County Right-of-Way Maintenance Specifications attached as Exhibit "B," as may be modified from time to time. 3. Should the Association fail to construct or maintain the Improvements in accordance with Schedule "A" or law, the County may provide notice to the Association in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Association at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the Improvements results in a situation where public safety is at risk, (1) the Association shall effect repairs within twenty-four hours of receipt of the County's written notice, or (2) the County may, at its option, effect repairs to the Improvements, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in effecting the repairs. The Association shall reimburse the County for such costs within thirty days of receipt ofthe County's bill. 4. The Association, as Indemnitor hereunder, shall indemnify and save harmless the County, as Indemnitee hereunder, including all employees oftbe County, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs oflitigation, against the County arising out of the Association's use ofthe Road for the purposes set forth in this Agreement, including the construction and removal ofthe Improvements. The Indemnitee shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to not be unreasonably withheld. 5. The indemnity provided for by this Agreement will extend from the date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the Road for the purposes stated within this Agreement and the Road has been restored as set forth below, at which time, following receipt of the Association's written request, the County will execute a release from indemnification in favor of the Association. 6. Indemnitee agrees to give Indemnitor written notice of any c1aimsfiled against the County in connection with this Agreement, within thirty days of the date that County is aware of such claim. 20f4 Agenda Item No. 16F1C August9,2005 Page 4 of 11 Agenda Item No. 16F1 September 13, 2005 Page 19 of 151 7. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all of their successors in interest. This Agreement may be freely terminated as of right by either party, with or without cause, upon thirty (30) days written notice to the other. Upon such termination, on written demand by County, Association, at its sole cost and expense, shall remove the Improvements and restore the Road to the Condition that existed immediately prior to the effective date of this Agreement. This is an at-will Agreement; accordingly, it is expressly understood and agreed that the County may revoke the right to use any or all of the portions of the Road at any time, and may remove or order the removal of any or all of the Improvements at any time. 8. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement. the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 9. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. The Association shall pay all costs of recording this Agreement prior to the execution of this Agreement. A copy of the Recorded Agreement will be provided to the Association. 10. This Agreement is the entire agreement between the parties, and supercedes all previous oral and written representations, agreements and understandings between the parties. This Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties. REMAINDER OF PAGE lNTENTIONALL Y LEFT BLANK FOR SPECIAL CONDITIONS, IF ANY 30f4 Agenda Item No. 16F1 C August9,2005 Page 5 of 11 Agenda Item No. 16F1 September 13, 2005 Page 20 of 151 IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day and date first above written. ATTEST: Dwight E. Brock. Clerk BOARD OF COUNTY COMMISSIONER.S COLLIER COUNTY, FLORIDA By: , Deputy Clerk FRED W. COYLE, Chairman ESTUARY AT GREY OAKS PROPERTY OWNERS ASSOCIATION. INC. r l'J.;j" " 1 resident WITNESSES: ~~ )f:A-v La ~I me Web.p. /]? I eVt?-. LJdJ:tt---' Chris Welder By: STATE OF FLORIDA COUNTY OF COLLIER Signed and acknowledged on this 5J.Jr, day of June , 2005, before me, the undersigned Notary Public, by Kurt M. Lutgert , as President of Estuary at Grey Oaks Property Owners Association, Inc., a Florida colporation not-for-profit, on behalf of the corporation, who is [,(] personally known to me or has [ ] produced as identification. .~-) / ( l),:-, (J/.1dt~ Notary Public Q) CHRtS WELDER Notary Public. State of Florida My comm. expires Dec. 13. 2008 Comm. No. DO 378689 Bonded by Western Surety Company Printed Name: ChrisWelder My commission expires: 12/13/08 Approved as to Legal Form and Sufficiency: Jeffrey A. Klatzkow Assistant County Attorney 40f4 Agenda Item No. 16F1C August 9,2005 Page 6 of 11 Agenda Item No. 16F1 September 13, 2005 Page 21 of151 SCHEDULE "B" RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFlCA TJONS These specifications are intended to provide the infonnation by which private entities may understand the minimwn requirements of Collier County relative to maintaining CoWlty rights of ways. Records of all specification requirements shall be kept and made available to the County's representative upon request. A MOWING AND EDGING: Mowing and edging shall include medians as well as those areas, if existing, along the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings sball be collected and removed at no additional cost. Grnss shall be cut at a height oftbree and one haIf inches (3 W'). The frequency of cutting will be weekly or fifty-two (52) times. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all planting beds, utility service boxes, street light bases, sign posts, headwalIs, guardrails, timer pedestals, posts, and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts. manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. B. WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as well as other mulcbed areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below ten-foot (10') foot. All groundcovers, shrubs, canopy trees and palms up to ten foot (10') level, shaH be inspected and pruned on a weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by County's representative. Pnming shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. During the first week of Octoher and April, ornamental grasses, such as Fountain grass, Florida Gamma or Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four (24') height based upon the type of plant. Ornamental type grasses such as Liriope muscari 'Evergreen Giant', shall only be pruned at the direction and approval of the County's representative. Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimwn height of one hundred twenty inches (120"). Shrubs and ground covers adjacent to pathways or sidewalks shall be pruned to maintain one foot (1 ') of clearance from the edge of the pathway. IT is recommended that adjacent shrubs and groundcovers be maintained so that they angle or are rounded away from the pathway. D. TRASH REMOVAL: With each service, all sites sball be cleaned by removing all trash or debris to include, but not limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-ups shall be performed "prior" to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. E. STREET CLEANING/SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face offhe curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or objectionable growth so to maintain a neat and safe condition. 10f5 Agenda Item No. 16F1C August 9, 2005 Page 7 of 11 Agenda Item No. 16F1 September 13. 2005 Page 22 of 151 F. TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenance of Traffic (MOT) Policy, copies of which are available through Risk Management ortbePurcbasing Department. The Developer shall obtain and review the County MOT policy requirements prior to submitting a bid.. The Developer will be responsible for obtaining copies of all required manuals, MUTCD, FOOT Roadway & Traffic Design Standard Indexes, or other related documents, so to become familiar with.tbe requirements. Strict adherence to tberequirements of the MOT policy win be enforced under this Contract. To assist in employee visibility; approve bright day glow redlonmge colored safety vests shall be worn by employees when servicing the area. G. CANOPY TREE AND PALM PRUNING: For this site, canopy trees shall be defined as any large shrub, tree, or palm with foliage above a ten-foot (10') level. All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen.foot (17') canopy clearance over the roadways and a ten.foot (10') canopy clearance over all pathways. Canopy trees shall be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and to sbapethe canopy of the trees. The County's representative shall approve a professional licensed to prune tress under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do the pruning and sharpening. The work shall be perfonned per ANSI AS300 "Standard Practices for Trees, Shrubs, and other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning Standards" of the national Arborist Association or accepted local trade standards and practices. Palms shall be pruned annually during June of each year. The palms shall be pnmed to a "Tropical Cuf" or to a nine (9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds. Approximately seven (7) to (10) ten green fronds shall be left at the beadafterpmning. The pruning shall include removal of all nuts, seed stalks, brown or dead and lower fronds. The work shall be done in a professional manner in accordance. with acceptable trade standards and practices. The palms shall not be climbed with tree spikes to remove the fronds. The pnmmg shall be accomplished by the use of a ladder, boom truck or lift. All debris from the pruning sball be removed and the site shall be left on a clean and neat manner. When the annual orbi-annual heavy pruning work is being perfonned with the use of a lift or boom truck, it is required that the adjacent traffic or turn lane to the work area, be closed using traffic control devices and signage per the current FDOT traffic control standards and indexes. H. FERTILIZATION: Granular fertilization of shrubs and groundcovers sballbe applied by hand in a twelve-inch (12") wide radius ring around the base of the plants. Granu1ar fertilization of the trees and palms shall be determined by the caliper (diameter) of the trunk and broadcast by band in a band around the plant's base from a distance of 12" to the drip line oftbe palm, whenever possible. An 8 oz. cup equals one (I) pound.. Trees and palms shall receive one (1) cup per one-incb (Ii caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3 ') ofbeight or spread. Shrobs and grot.mdcovers shall receive one-half (112) cup per eighteen inches (18") ofheigbt or spread. All fertilizer shalt be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the fonowing schedule. Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees. The (13-3-13) fertilizer shall be applied at arate often (10) pounds per one thousand (1000) sq ft. for all areas. Four applications of(l3-3-13) fertilizer will be applied yearly during the months of February, May, July, and October. Palms: Developer shall apply approved by County's representative palm fertilizer during February, May, July, and October as specified below. 2 of 5 Agenda Item No. 16F1C August 9, 2005 Page 8 of 11 Agenda Item No. 16F1 September 13, 2005 Page 23 of 151 Should yellowing occur on the top of the fronds, manganese sulfate will be required and if on the lower fronds, Sul- Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified. 1. MULCHING: Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a four inch (4") non-compacted or unsettled depth measured from the existing soil grade. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Two inches must be applied to replenish this mulch twice a year, November and during May. J. LANE CLOSURE: Lane closure for median maintenance shall be limited. Upon proper placement of the lane closed signs, pre-warning signs, arrow boards, traffic cones form the existing soil grade. K. IRRIGATION SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes/lids and adjusbnent of controller and rain shut off switches for settings and operations. Where required, the Developer shall maintain on site reclaimed water irrigation signage. SUBSURFACEIRRIGA TION SYSTEMS: No excavation or mechanical metal edging around plant beds shall be done within the Right-of-way. Mechanical metal blade edging is pennitted along the back of curbing. Weekly Service Requirements: l. A visual inspection of the subsurface irrigation systems shall be performed weekly to detennine if the systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as necessary. This shan also include review and re-setting of the controller and in-ground moisture sensor adjustments or other rain sensing devices as needed. 2. System Computer/Controller a. Operate, adjust, and set controller to provide proper operation of the systems. b. Diagnose and repair electrical and mechanical malfunctions. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. d. Operate controller on automatic, manual and single trip operation. e. Monitor controller standby battery backup and replace as required. 3. Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and by-pass system for proper settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure gauge operation; proper settings and are clean of debris or mulch. 4. Pump Sites a. Inspect for proper operations. b. The Developer shall record and provide to the County's representative the well water flowmeter readings for the two well locations on the General Maintenance Report Sheets. 5. Review system water source connections to include water meters, backflow preventers, gate valve points of connection and main lines for proper operation. Monthly Service Requirements: 1. Automatic Control Valve Assembly Manually operate valves, and clean valve assembly filters 2. Backflow Assembly Review assembly for proper operation and clean filter as needed 30f5 Agenda Item No. 16F1 C August 9, 2005 Page 9 of 11 Agenda Item No. 16F1 September 13, 2005 Page 24 of 151 3. Quick Coupling Valves Review boxes and operate valve 4. Pwnp Sites a. Once a month, the Developer will trouble shoot each pump station, checking amperage draw and document the results for future reference, b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper coverage. c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter and docwnent the results for future reference. d. The Developer will clean the strainers mters and inspect them for wear at the Pump Station. 5. Manually run the system with open flush caps and review sprinkler head indicators located at the end of zones. 6. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the end of zones where present to determine the system and porous piping is functioning properly. 7. Check, analyze and adjust flow control devices as required. Quarterly Service Requirements: 1. Review all subsurface system piping, valve assemblies, wiring. moisture sensors and controllers for overall operation and provide adjustments as required to assure proper operation and irrigation application. Conventional Pop-up Irrigation Systems: Weekly Service Requirements: 1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair system for any bloWD-<lffheads, broken lines or leaks around heads or valves. 3. Check the controller and rain sensing devices for proper operation and settings. 4. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100%) irrigation coverage. 5. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: 1. Manually run the system, clean and adjust sprinkler heads/nozzles and concrete donuts as necessary to ensure proper coverage and that there are no sprinkler heads/nozzles spraying directly onto the roadway. a. Each median and side right-or-way zone shall be manually turned on at the valve to ascertain proper operation of tho system. b. Repair system for any bloWD-<lffhead, broken lines or leaks around heads or valves. c. Check the controllers and rain sensors for proper operation and settings. d. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100%) irrigation coverage. e. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. General Service Requirements for Irrigation Systems: 1. Should South Florida Water Management District or other governing agency establish water restrictions, the irrigation systems shall be inspected and all other controllers set to the mandated hours of operation set by the District or Agency. Subsurface systems are exempt from water restrictions. 2. Replace defective heads or nozzles, install or replace defective risers and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes/lids if caused by the Maintenance Developer. 4. Inspect, clean, and replace, if necessary, screen/filters within the sprinkler beads. 5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2') above fmisbed mulch. 4of5 Agenda Item No. 16F1C August 9, 2005 Page 10 of 11 Agenda Item No. 16F1 September 13, 2005 Page 25 of 151 6. One hundred percent (100%) irrigation coverage shall be maintained within all irrigated landscaped areas while this Contract is in effect 7. Notification to the County's representative is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken and provided to the County's representative at no added cost. Miscellaneous Irrigation Maintenance Responsibilities: 1. Should the temperature be forecast to be below thirty-four (34) degrees, the Developer shall be responst"le for turning the irrigation system offin order to protect plants from possible freeze damage. 2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or additional irrigation maintenance needs. 3. The irrigation service personnel must trouble shoot time clocks, Le. power-in 110 volt and 24-volt1Uses, 24 volts OUlput when necessary. 4. The irrigation services personnel must trouble shoot any pwnp start relay, main fuses and capacitors when necessary. L. BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year, in April and November, to remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the developers shall clean-up debris ifpresent, and or flag off the areas with protective barriers andlor high visibility hazard tape. Damaged areas must be repaired as quickly as possible. M. PEST CONTROL: Trees, Palms, Shrubs, Groundcovers, and Sod must be closely monitored for pests and diseases and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative. 50f5 Agenda Item No. 16F1 C August 9, 2005 Page 11 of 11 Agenda Item No. 16F1 September 13, 2005 Page 26 of 151 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of August 9, 2005 MSTD General Fund (111) Budget Amendment #05-484 Oneratin2 Expenses Fleet Maintenance Costs $12,000 . Reserves Reserve for Contingency ($12,000) Total -0- Explanation: Funds are needed for additional Fleet Maintenance costs in Landscape Operations to fmish out FY05. Approval of this budget amendment by the County Manager is subject to fonnal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this budget amendment shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Prepared by: Barbetta Hutchinson, Executive Secretary, OMB Page 1 of 1 Agenda Item No. 16F1 D August 9, 2005 Page 1 of 2 Agenda Item No. 16F1 September 13, 2005 Page 27 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 16F1D Approval of Budget Amendment 05-484. 8/9/20059:0000 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 811612005 8: 59 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/16/2005 4:59 PM Agenda Item No. 16F1D August 9, 2005 Page 2 of 2 Agenda Item No. 16F1 September 13, 2005 Page 28 of 151 EXECUTIVE SUMMARY Recommendation to approve an amendment to work order number PHA-Ff -03-02 assigned to Pitman-Hartenstein & Associates Inc. to include post design services overseeing construction of the second segment of the Immokalee Fifth Street Stormwater Improvement Project (project number 51725) in the amount of $33,763 increasing the total work order amount from $121,330 to $155,093. OBJECTIVE: To receive Board approval to amend a work order for the Immokalee Fifth Street Stormwater Improvement Project to include post design services for construction of the second phase of improvements along the west side of Fifth Street. CONSIDERATIONS: This project is a continuation of stormwater improvement efforts along Fifth Street in Immokalee. The first phase completed in July of 2004 comprised approximately six hundred feet (600') of drainage pipe and structure installation along the west side of Fifth Street from Delaware Avenue to Eustis Avenue. The second phase of this project includes installation of two additional segments of pipe and associated structures, thirteen hundred feet (1,300') along the north side of Eustis Avenue and two thousand feet (2,000') along the west side of Fifth Street. This project is the last phase of a neighborhood safety and stormwater improvement project in this area. The Consultant Pitman-Hartenstein and Associates, Inc., the civil engineering design firm located in Fort Myers, Florida responsible for completion of the design and specifications for Phase I, was also approved on May 25, 2004 by the Board of County Commissioners to complete the design and specification for Phase II. This work order amendment, a $33,763 increase, is for the addition of post design services by Pitman-Hartenstein and Associates providing for construction oversight of the second phase of this Storm water Improvement Project. Approval of this work order amendment by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this work order amendment shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: Funds are available within the Stormwater Management CIP Fund (301). Source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMP ACT: Construction of these stormwater management facility improvements are in accordance with the goal and objectives of the Drainage Sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (1) Approve amendment no. 3 to work order number PHA-FT-03-02 to Pitman-Hartenstein & Associates Inc. increasing the total amount by $33,763.00. Agenda Item No. 16F1E August 9, 2005 Page 1 of 12 Agenda Item No. 16F1 September 13, 2005 Page 29 of 151 (2) Direct the Board Chairman to execute the amended work order number PHA-FT-03-02 to Pitman-Hartenstein & Associates Inc. Prepared By: Gianfranco Nicolaci, Project Manager, Transportation Services Division, Stormwater Management Department. Attachments: (1) Executive Summary; (2) Work Order Amendment # 3; (3) Contract Modification Checklist Form; (4) Scope of Services Agenda Item No. 16F1E August9,2005 Page 2 of 12 Item Number: Item Summary: Meeting Date: Agenda Item No. 16F1 September 13, 2005 Page 30 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1E Recommendation to approve an amendment to work order number PHA-FT-03-02 assigned to Pitman-Hartenstein & Associates Inc. to include GEl services overseeing construction of the second segment of the Immokalee Fifth Street Storm water Improvement Project (project number 51725) in the amount of $33.763 increasing the total work order amount from $121.330 to $155,093. 8/9/2005 9:00:00 AM Approved By Gerald Kurtz Transportation Services Senior Engineer Date Stormwater Management 8/2/20056:13 PM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Administration 8/3/2005 4:38 PM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Date Approved By Transportation Services Admin. 8/4/20057:46 AM Rhonda Rembert Administrative Services Contract Specialist Date Purchasing 8/4/2006 8:28 AM Approved By Pat Lehnhard Transportation Services Exec utive Secretary Date Transportation Services Admin 8/4/2005 9:24 AM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 8/4/20054:28 PM Approved By Kelsey Ward Administrative Services Senior Purchasing and Contracts Agent Date Purchasing 8/6/2006 8:41 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 8/10/2005 11 :32 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 8/16/2006 9: 11 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 8/15/20056:48 PM Agenda Item No. 16F1E August 9, 2005 Page 3 of 12 AMENDMENT # 3 WORK ORDER # PHA-FT-03-02 Agenda Item No. 16F1 September 13, 2005 Page 31 of 151 Agreement for Fixed Term Professional Engineering Services Dated September 24, 2002 (Contract #01-3290) This Work Order is for Professional Engineering Services for work known as Immokalee Fifth Street Ditch Proiect To accomplish necessary surveying. analysis, design and permitting for enclosing an additional portion of roadside draina~e ditch. The work is specified in the proposal dated 4/15/05 (survey, design, analysis, etc.) which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #PHA-FT-03-02 is assigned to Pitman-Hartenstein & Associates Tnc. Scope of '" ork Design Services Task 1 Survey Task 2 Design Analysis Task 3 Construction Plans Task 4 Environmental Permitting Task 5 Project Management Task 6 Bidding Service Post Design Services Task I Pre- construction Meeting Task 2 Respond to RAI's Task 3 Shop Drawings review Task 4 Site Observations Task 5 Meetings Task 6 Contractor pay request review Task 7 Record Drawings Task 8 SFWMD Certification Total Cost Orig. Amend. 1 Amend. 2 Amend. 3 Total IncI. Amend. Cost Cost Cost Cost 1 &2 &3 $27,350 N/A $14,360LS N/A $41,710 $ 3,040 N/A $ 4,ODOLS N/A $ 7,040 $ 7,320 N/A $29,880LS N/A $37,200 $ 3,400 N/A $ 8,OOOLS N/A $11 ,400 $ 4,200 N/A S 5,200LS N/A $ 9,400 $ 600 N/A $ 800LS N/A $ 1,400 N/A $ 600 LS N/A $ 618 LS $ 1,218 N/A $ 1,000 T&M N/A $ 1.236 LS $ 2,236 N/A $ 800 T&M N/A $ 3.296 LS $ 4.096 N/A $ 6,280 T&M N/A $ 18,540 T&.M $ 24,820 N/A $ 1,780 T&M N/A $ 1.833 T&M $ 3,613 N/A N/A N/A $ 4,120 LS $ 4,120 N/A $ 1,720 T&M N/A $ 2,884 T&M $ 4.604 N/A $ 1,000 LS N/A $ 1,236 LS $ 2,236 $45,910 $13,180 $62,240 $33,763 $155,093 Page 1 of2 Agenda Item No. 16F1E August 9, 2005 Page 4 of 12 Schedule of Work: A~ "itional Design Services to be cOF'11eted wi~mdJ;l401ll!1~s16F1 from receipt of the No.....::e to Proceed authorizing start ol-Aork. sePt~~~:r3~ ~f~g~ Compensation: In accordance with Article Five of tbe Agreement, the County will compensate the Firm in accordance with the established hourly rate(s) as enumerated in Schedule "A" of the Agreement. Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule" A" of the Agreement. PREPARED BY: (~/<...W~j ;H'iJS:)fn/l7f' Dereck Moorley, Project Manager Date StorAwate~ Management Section/Road Maintenance Department REVIEWED BY: jtj,..~J~},YJf ~. 5/10/0 ~) Gerald N. Kurtz, F.E., Pr Gipa:PProject Manager . Date Storm~na~9Rent Section/Road Maimenance Department . e--- REVIEWED BY;..--7~ ~ ~/aL ,/ J#~tdo Meta, P.E., Stonnwater Director Date / /-1':.<;torrnwater Management SectionlRoad Maintenance Department REVlEW~Y~" 1ft, G..Ji11; $ 17.7! 0 S- / Stephen Y Cami!, Director Date .. purc~a ., Depa t~ent O'APPROVED BY: . r 1<. Norma Feder, A.l.C.P., Administrator Transp rtation Services --~~}>/ b~te ATTEST: Dwight E. Brock, Clerk BOARD COUNTY COMMISSIONERS Collier County, Florida By: Deputy Clerk By:_ FrEd Coyle, Chairman Date: ACCEPTED: Pit - -{arten~tein & Associa ./" J d~ By: B: Alan Hartenstein. Exec. Vice Pres. (Prin Name/Title) Approve Legal Su Page 20f2 Agenda Item No. 16F1E August 9, 2005 Page 5 of 12 .. '" .________.Agaoda September 13, 2005 This item wiD be approved by the County Manager at the August 9, 2005 BeC in absentia meeting. FI!i~~f 151 ratified by the BCC at the September 13, 2005 meeting. " Date: August 3, 2005 E-Mailed To Bonnie: Project Name: Immokalee Fifth Street Drainage Improvements (phase II) Project Number: 517252 BIDIRFP #: 01-3290 Mod#: 3 PO#: 4500011412 Work Order Number: PHA-FT-03-02 Contractor/Consultant: Pitman-Hartenstein & Associates, Inc. Original Contract Amount: $ 45.910.00 (Starting Point) Current Bce Approved Amount: $ 121.330.00 (Last T ota! Amount Approved by the BCC) Current Contract Amount $ 121.330.00 (Including All Changes Prior To This Modification) Change Amount: $ 33.763.00 Revised ContractIWork Order Amount: $ 155.093.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $ 109.183.00 Percentage Of The Change OverlUnder Current Contract Amount: 27.83 % Overview of cbange:,~:rr add funds necessary to perfo'Y)! ~ost dCllign services. . eo.-Speciww(frl~~ ~~ Scanned Date: -? /-~ I 0 S- f I Data Entry Infonnation: Type of Change: Change to Work Order Project Manager: Dereck Moorley/Jerry Kurtz Department: Stormwater Change Category Type, Circle One Below: 1. Planned or Elective 2. Unforeseen Conditions 3. Quantity Adjustments 4. Correction of Errors (5. Value Added) 6. Schedule Adjustments Scanned copies of the back up documentation may be located on the Purchasing G drive: Revised 7/11/05 Agenda Item No. 16F1 E Au ust 9 2005 Page 6 of 12 G:lCurrem-Clumges to Contracts G:/ CurrenJ - Changes to Work Orders Revised 7/11/05 AgendaJ1em..N.o.....16E:1 September 13, 2005 Page 34 of 151 co :AACTlWORKORDER MGDfFJCI! ,)N "..J CHEGKUS:tFORM'v Agenda Item No. J 6F1 September 13, 2005 Page 35 of 151 PROJECT NAME: Imnl6kalee Fifth Street Drainage Improvements (Phase III PROJECT#: 517252 BIDIRFP #:61-3290 PO#: 460.9981129'. WGRK ORDER #: .F!HA..FT..03..Q2 ~$"GojlrIL DE.PAflTMENT: Stor.mwater MOD #3 Ori.gilial Contl;actAmount: $ 45.910.00 (Starting Point) Current BeC Approved Amount: $ 1~1.330.000 (Last Total Amount Approved by the Bee) Current Contract Amount: $ 121..330~OO (Inchiding AU Changes Prior To This Modification) Clmnge"Amount: $ 33.763.00 $ 155~093.00 (Including This Change Order) Revised ContractIWork.Otder Amount: Cumulative DoHaiV alue of Changes to tbisContract/Work Order: $ 109.183.00 Date of La$tBCC Approval 05..25~04 Agenda Item # 16.B.1 Percentageofthechange over/under current contract amount ~6% 27 .ff;: Formula: O(CurrentAmountl Last BGe apPfovedamount)-1 .. ..' .... '. ". .... .'. '.. . ." ..' Results and Actions: If the changeexceeGs< 10% BCC approval Is required; under 10% reporteiit1?':.SG'Q on Purchasing report. For specific Information regarding work order thresholds, please refer tolne-'Cbritract Administration Procedures, Section III:CA. CURRENT COMPLETION DATE (S):OFtIGINAL:412'5I.a5 CU.ARENT: 9/12105 SUMMARY OF PRa~(!)SE[)CHANGE (S): Identify the changes. An additionaL$33.763is necessary to forposf design services to be included. JUSTIFICATION ,FOR CHANGE (S): What value or benefit do these changes provide to thepFOject? This changeordeds necessary to effectively complete the pmiect. P ARTlESCON'TACTEDREGARDJNGTtfECHANGE: Stotmwater Management Department Director. and Pitman Hartenstein & Assoc., Inc. Revised4/25/2QQ5 Agenda Item No. 16F1 E August9,2005 Page 8 of 12 . . . _ Ag~IJ.Qfl...ltem No. 16F1 .; IMPCEMENTATlON s~eps (Vert, "',ach before pr~~~i.ng,~~th chang _ sing V, N ~~lM1ber 13, 2005 " -L_Propos~!i.chan,ge7'ls conslstentwlth the scope~iUht'_*g agreement Page 36 of 151 -Y-~'PtQ. " .' '''''';'11''1& Irflactap~ttm'Qf;;. . n .tothfitexi$ - y Oha' . :HlI'1g implem~ntea'in "~..A':'" . ' . , . Y The' appropriate pa~i~Jii\tii.roonsuft '. .'...... .. '. gs -Y- Proposed prices,. fees a'fitd costs_t forth .jn,theohangeat'e reuon~ble '-~.'~'f~.f~f.f6.jli'ft,1.:;~~j*nd''', Fl8Meo B . Die: APPROVE BY: , .~ Revised 4/25/2005 Agenda Item No. 16F1 E August 9, 2005 Page 9 of 12 Agenda Item No. 16F1 September 13, 2005 Page 37 of 151 SCOPE OF SERVICES Post Design Services Immokalee Fifth Street Ditch Project - Phase II Collier County Storm water Manaqement Section Transportation Road Maintenance Department l. PROJECT DESCRIPTION The proposed project includes the installation of drainage pipes and ditch bottom inlets on the west side of Fifth Street and the north side of Eustis Avenue to replace the existing ditches and old corrugated metal storm piping. The project is part of a neighborhood safety and stormwater improvement project. 11. INTENT The County desires to assure that the planned improvements are constructed in conformance with the approved plans and specifications. The County desires that the Consultant, through limited construction assistance services, endeavors to provide protection for the County against defects and deficiencies in the work of the Contractor. However, the furnishing of these services during construction does not guarantee the work of the Contractor, or the performance of the Contractor. Ill. ELEMENTS PROVIDED BY THE CONSULTANT The Consultant shall perform the following tasks: 1. Attend Pre-Construction meeting to provide responses to technical questions. Prepare minutes of meeting. 2. Respond to Contractor requests for additional information. Assume a maximum of three (3) requests for additional information. 3. Perform review of shop drawings, including review of the structural drawings for the proposed retaining wall provided by the Contractor. 4. Perform site visits to observe the construction for compliance with the plans and specifications. Site visits will be scheduled prior to and coordinated with on-site project progress meetings where practical. This scope of services assumes three (3) site visits per week at two (2) hours on-site each, for a maximum of 48 site visits (16 week anticipated construction time). If the construction time exceeds sixteen (16) weeks, or if the County desires, additional site observation can be provided as additional services to the contract. 5. Attend four (4) project meetings as requested. 6. Review Contractor requests for payment. Assume one (1) pay request per month for five (5) months. 7. Provide Record Drawings (2 sets of 24"x36" prints with AutocAD files), based on the as-built survey supplied by the Contractor and information obtained by site observation or provided by the County. 8. Prepare and submit certification of completion to the South Florida Water Management District in accordance with the project's Environmental Resource Permit. Pitman-Hartenstein & Associates, Inc. C:\Documents and SettingslDereckMoorley\Local SeUings\Temporary Intemet Files\OLK138\const scope.doc Agenda Item No. 16F1 E August 9, 2005 Page 10 of 12 - IV. RESPONSIBILITIES OF THE COUNTY Agenda Item No. 16F1 September 13, 2005 Page 38 of 151 The following items are not included in this scope of services and are assumed to be the responsibility of Collier County, if required. 1. Conduct Pre-Construction meeting. 2. Geotechnical testing services and materials testing. 3. Construction management and/or full time construction engineering and inspection. The Consullantis not responsible for Maintenance of Traffic compliance, NPDES or SFWMD permit compliance, or for Contractor Safety. 4. Provide as-built drawings (compiled from site observations and from Contractor's as-builts) to Consultant for preparation of record drawings. 5. Preparation of Utility as-built drawings, or permit certifications associated with utility adjustments necessitated by the proposed project. V. PROVISIONS OF WORK The Consultant shall furnish two (2) sets of Record Drawings (24"x36") with cADD files (AutoCAD format). Project documentation will be provided to the county in written and/or computer format as appropriate throughout the project. VI. COMPENSATION Task Fee 1 . 2. 3. 4. 5. 6. 7. 8. Pre-construction meeting Respond to requests for additional info. Shop drawings review Site Observations Meetings Contractor pay request review Record Drawings SFWMD certification $ 618.00 $ 1,236.00 $ 3,296.00 $ 18.540.00 $ 1.833.40 $ 4,120.00 $ 2,884.00 $ 1236.00 TOTAL $ 33.763.40 LS or NTE L.S. L.S. L.S. N.T.E. N.T.E. L.S. L.S. L.S. See attached sheet for breakdown of fee and manhours by task. All tasks with related fees are eligible for work in progress payments. Pitman-Hartenstein & Associates. Inc. C:\Documenls and Seltings\DereckMoorJey\Local Setlings\Temporary Internet Files\OLK13B\const scope.doc Agenda Item No. 16F1 E August 9, 2005 Page 11 of 12 ...--L.().,.... 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N o '" ~ '" '" ,., o ;;; 8 <'"l o .. c o ..-; '" '" 8 to N to -<i ;;;; '" " '" N ..,. ~ 'Ci '0 '" 1 g .2 Q)Elli~~ =:: c:. i CLl"S: Ul Q) ,Q c; ~ 1)) c: lit ';; n)u j~~~"i~~.~~ ~l 2 s ~ ~ * :g ~ g ~d l ! ~ i I ~ ~ :a i ~ ~ 1? ~ e' iO ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m -.....1-. ~ -1-- -; Nr")";:lf)f.Or-co <( o "" ~~ Agenda Item No. 16F1 September 13, 2005 Page 40 of 151 EXECUTIVE SUMMARY Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work. orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes, to contracts or work. orders, that have occurred since the prior BCC approved amount, which are below the threshold limits as referenced above. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Order Reports. These reports cover period July 1, 2005 through July 29, 2005. Approval of the reports by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, these reports shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by the Board. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department Agenda Item No. 16F1 F August 9, 2005 Page 1 of 48 Agenda Item No. 16F1 September 13, 2005 Page 41 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F1F Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. Item Summary: Meeting Date: 8/9/20059:00:00 AM Approved By Kelsey Ward Senior Purchasing and Contracts Agent Date Administrative Services Purchasing 8/4/2005 1 :40 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 8/5/2005 8:49 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 8/5/2005 1 :53 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 8116/200510:11 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8116/20057:41 PM Agenda Item No. 16F1F August 9, 2005 Page 2 of 48 ..-1.{') ~ LLOLt') ~~ ,-,~ o ,N "'- -.;t EWQ) OJ..o OJ .....E('C n:JOJD.. -0..... co. OJOJ en(/) <( It) Cl Cl N .... III :l 0) ~ -e III cB I\) .c .... o .... 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Q) Q ,- :6~~g'o::~fa ~OIIll.Q)O ~~~t3~:E.9 iii E Q) Iii >- C/) ~ +> :::> U) o Cii N ;::: o .... N .9 C o +> Q) is. E 8 .e ~ :;::l CD :6 "C C i .9 "C C 111 "E 111 > Q) '3 S I/) '50 III o C o e Q) == ~ Ol ... o Ul € ~ o t: Q) E ~ 111 0. o - Q) Ol III E 111 "C - ~ o :5 'i "C ~ '1i'i 1ii ai .5 C Q) .8 ~ o Ul .... III Q) Q) .9- "0 0.Q) J ,!:: gg 111 ... ~ ,~ ~ g- .. III &.9 c . . It) .co ~~ oei ;=N CII ... .- 1l ~ 0 ~8 Ll.LOCO ..-O~ Ll.O_ CON.o ...- . 0) .0) .o-Q) ZcnOl :;)co E OJ 0- Q):;) ::;:<( co '0 C Q) !f Agenda Item No. 16F1 September 13, 20~ Page 49 of 111 GQNt~CT"'()DIFICAnON OHECKUST'f'QRM PROJEct"N~Et'NGWRi=~ans!onto 24.1 MGD..,. Uquid:$tream PRO..JE:G1T' #: 739501 BIMlPPJ#;Q2",a418{M$D#:7..o1: :.OIJN'fOFliHIS ,CHANGE:$t1~4OP~OQ PQfI:' 4;5ga4l12: .:w~gtd"*,N/A "''''.>--.".. .'. .... . .... .',.' . ;.~...,:; " C$N'tRA'G~'AM~NT:'0'RIG'NAL $ 24;861,000.00 CURRENT $ 25,910;$42.90 , . {STARTINGPOfNT) "(INCWDING!1lfIS CtWIGE~ 'LastSec'iyJprovei1Amount'$:2~M361;OOO.O() _ . ".., tl;ASTTOTAL AMt.REQUIRING8CC APPROYAl., '~~Of L_i,eCIi_pr.oyal~Hda.:(tem "#:1?/1W02 ~.latly&,4)q'IIar"V".6fQ1.ftlI".;Ot....,to.thl. ContractJWork Grder:$.1.049i942;'OO c. " ,p.r~pta,ge.Of;tb&'Chahg.over/under current contract amount 4.22-k FoJtriY!a:(~{t(!~ji.:;~~\J~t.1~~s.~~Cp 'sppteved,amourrt)-1 R.E!$q'~ !lI~~qtiOl]S~li~ltf!~ q~.afl9ca>~)(Ce~d$ 1.(t!tk apca~prov~l isrequired.;l1I1der 1:go~report~to_C po P~tPla;, .~por;t 'Fqf'sp"$'cificihifOlTl1atiOnl'Elgamin~ wotkordet thres~l.ds,:~ tefEir to f:hecOOfi~ct ',Aditiiois" .. :.tocedu~~;"~ia~MII:C.4 ;. ~~. ..,-.. . .-:"!"'.. ~. .. . - . ... . ....c:..., ,cuttRENT StJ8S:TAtf ..' : PfUjJE€~:EIN~: RIE'BON'D41'E:,(S): "'QR!GINAL: ~1'6105 ORI~/4.: . 61Q4105 CURfJENt: . a'23/~5 CURRENT: 6/14/05 S"MM#RY.OFPF.tOPbSEOt;HANGE(S): Materials and Aabor to remove an ,eXisting 30" go-degree bend ~.t@ins.qlfnn.~ts;pta~<a'j3Q!':t~ej3Q.butterfly valve and associated restrainedJoint.m~a"'t1g" fittings. .. . ,". '-..', -. . . , . .. JUSihlifGA,'t'Otll,'FOR"co Gr;;,f$):.. The:teeandvalve were requested by NCW8,FR.lant Qpe~tions s~ff tq prOYI~e~ddifkjn~kfie. . ',"'::lpr?4~if1g effIueiit f!ow(rom theplant~five :chlorine-'eor.rtaot tanks 1p EfflY~nt PonG' NO,. g~ .'A$"o~es'gJi:~(f~fjQ. 'Under normal operation,aU .plant effJuent :meeting ,reusestanctardsfr~m Chioijne:?entact:t~~ks;~ps': ..1;l2.3,4and5willbe automatically routedthrcll:Jgh,fqenewReoraimed water €ontrolStJ'tJc:ture{RWGS}to'Effluent Pond No.3; The added connection provided through tlilscba.nge o~~ritemgiyes the 'pfanta.dd~f1e)(ibility to route plant effluent to Effluent:Pond No.3 during construction m~d!Jiccd,qns.fotri.s;~~~nd:~lIOWS .the plantthefong~termop1ionof man[Jafly~tiA9 '~fftLter\ttoPond.. No. .~if itwer~'neces~ .tobypclss'tnElReClaimed W.ater Control Structure for maintenance. As s~9t.1~ 1~is CMQg~9rd~r~~tn:is;;at;r addeqfyEJJueehftanoement..to.iplant operational :reliability. . Revised9f14!04 ". . ". .'. . "':-'~.~~~t~V~~~~~:::*~~?~.~......" Agenda Item No. 16F1F ....,..:s.._.""........tu~u~t ~, 20Q;5 _"'~1.~ . <: Agenda Item No. 161t September 13, 2 "'- Page 50 of 1 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/~FP #: 02-3418 MOD #: 7..Q2 AMOUNT OF THIS CHANGE $3.732.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,914,674.00 / (STARTING POINT) (INCLUDING THIS CHANGE ORDER) last Bee Approved Amount $ 24,861.000.00 (LAST TOTAL. AUT. REQUIRING acc APPROVAL.) Date.of last Bee Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 1,053,674.00 Percentage of the change over/under current contract amount 4.24% Formula: (Current Amount 1 Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section IILCA CURRENT COMPLETION DATE (8): SUBSTANTiAl: ORIGINAl: 3/16/05 PROJECT FINAL: ORIGINAl: 6/14/05 CURRENT: 3/23/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (5): Materials and labor to install a 12" isolation valve on the RAS discharge piping to Aeration Basin No.4. JUSTIFICATION FOR CHANGE (8): The 12" valve was required in order to isolate a segment of the existing RAS piping at Aeration Basin No.4. It was necessary to isolate this segment of RAS piping in order to contract work in which existing RAS piping was connected to new RAS piping to loop the return sludge piping between Sludge Pump Station No.4, new Aeration Basins 5 and 6, and existing Aeration Basin No.4. The isolation valve was inadvertently omitted from the Contract Documents. Had this item been discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. Revised 9/14/04 Agenda Item No. 16F1F August9,2005 Page 11 of 48 Agenda Item No. 16F 1., I September 13, 200S'1- P PageS10f151 CONTRACT MODIFICA nON CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BIDJRFP #: 02-3418 MOD #: 7-03 AMOUNT OF THIS CHANGE $11,615.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,926,289.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCe Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAl) Date o.f Last BeC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 1,065,289.00 . . Percentage of the change over/under current contract amount 4.28% Formula: (Current Amount/ Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4 CURRENT COMPLETION DATE (S): SUBSTANTIAL: ORIGINAL: 3/16/05 PROJECT FINAL: ORIGINAL: 6/14/05 CURRENT: 3/23/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor to construct access sidewalks between asphalt roads and stairway landings at various structures throughout the MLE facility. JUSTIFICATION FOR CHANGE (5): These areas are currently fine-graded and surfaced with grass sod or gravel. The sidewalks have been requested by County NCWRF plant staff to provide a more uniform walking surface for plant personnel. As such, this item is provided as an added-value enhancement to plant safety. Revised 9/14/04 Agenda Item No. 16F1 F August 9, 2005 Page 12 of 48 Agenda Item No. 16F~ September 13. 200 .e....... Page 52 of 15 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 7-04 AMOUNT OF THIS CHANGE $55,601.00 PO #: 4500004112 Work Order #: NlA CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,981,890.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING sec APPROVAL) Date of Last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 1,120,890.00 Percentage of the change over/under current contract amount 4.51 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Action"s: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA CURRENT COMPLETION DATE (8): SUBSTANTIAL: ORIGINAL: 3/16/05 PROJECT FINAL: ORIGINAL: 6/14/05 CURRENT: 3123/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (5): Materials and labor to purchase and install an 8-inch diameter piping interconnect between the 24-inch reuse piping east of the NCWRF plant (in Veterans Park) and the existing NCWRF plant-service water piping loop. The work included ductile iron piping, fittings, isolation valves and a backftow preventer. JUSTIFICATION FOR CHANGE (8): The existing plant service water system is supplied by two Plant Water Pumps that draw plant effluent from Chlorine Contact Tanks Nos. 1 and 2. The amount of effluent that can be delivered to the plant service water system is directly proportional to the amount of raw wastewater entering the plant for treatment at any given time. Plant service water is used extensively throughout the existing plant and portions of the plant expanded under this contract. Examples of uses include supply of seal water to process pumps, make-up water to odor control systems, wash water for sludge dewatering belt presses, and wash down of process areas. From 10:00 p.m. to 6:00 a.m., low wastewater flow results in lower amounts of plant effluent available to supply the plant service water piping system. In order to eliminate the dependency of the plant service water system on incoming wastewater flow patterns. the County requested that the existing plant service water piping loop be interconnected to the reuse water piping system. Since the reuse water piping system pumps from large effluent storage ponds, its supply is not limited by daily wastewater flow patterns. This item is an added-value improvement to the operability and reliability of the existing plant service water system that serves existing and new facifities. Revised 9/14/04 Agenda Item No. 16F1F August 9, 2005 Page 13 of 48 Agenda Item No. 16Ft:! ~ September 13, 20 Page 53 of 1 1 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #:. 739501 BID/RFP #: 02-3418 MOD #: 7-05 AMOUNT OF THIS CHANGE $1,247.00 PO #: 4500004112 Work Order #: N1A CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,983,137.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCe Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING BeC APPROVAL) Date of Last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this ContractfWork Order: $ 1,122,137.00 Percentage of the change over/under current contract amount 4.51% Fonnula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4 CURRENT COMPLETION DATE (5): SUBSTANTIAL: ORIGINAL: 3/16/05 PROJECT FINAL: ORIGINAL: 6/14/05 CURRENT; 3/23/05 CURRENT; 6/14/05 SUMMARY OF PROPOSED CHANGE (5): Materials and labor to relocate sample pumps in Chlorine Contact Basins 3, 4 and 5. JUSTIFICATION FOR CHANGE (5): After leaving the Effluent Filters 3,4 and 5, filtered effluent then flows by gravity to Chlorine Contact Basins 3, 4 and 5, respectively. Filter effluent flows through each chlorine contact basin around baffle walls in a three-pass, serpentine pattern. Sample pumps in Chlorine Contact Basins 3, 4 and 5 were designed under this project to draw chlorinated effluent from a point within each chlorine contact basin at the end of the first of the three passes. After startup of Chlorine Contact Basins 3, 4 and 5, NCWRF Operations requested that the sample location be moved to the end of the third pass in each contact basin to improve control of chlorine residual within the basins. As such, this change item is an added-value Improvement to plant operations and control. Revised 9/14/04 Agenda Item No. 16F1 F August9,2005 Page 14 of 48 '. Agenda Item No. 11. 1 n September 13, 1 &-'- Page 54 of 51 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24,1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 7-08 AMOUNT OF THIS CHANGE $6,009.00 PO #: 4500004112 Work Order #: NlA CONTRACT AMOUNT: ORIGINAL $ 24.861,000.00 CURRENT $ 25,989,148.00 (STARl1NG POINT) (INCLUDING THIS CHANGE ORDER) Last Bee Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING Bce APPROVAL) Date of Last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 1,128,146.00 Percentage of the change over/under current contract amount 4.54% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4 CURRENT COMPLETION DATE (8): SUBSTANTIAL: ORIGINAL: 3/16/05 PROJECT FINAL: ORIGINAL: 6/14105 CURRENT: 3/23/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (5): Labor to raise the top elevations of adjustable weir plates at Effluent Filters 4A-4D and SA-50. JU5TJFICA nON FOR CHANGE (5): Each of Filters 4A-4D and SA-50 are equipped with adjustable weir plates at their point of discharge. During initial startup and operation, it was determined that the water level in Filters 4A-4D and SA-50 was too low and did not allow for submergence and proper operation of the skimming mechanism of each traveling bridge filter unit. The adjustabre weirs were raised 4 inches to provide a higher water level within each filter and allow the skimming mechanism to work properly. Revised 9/14/04 Agenda Item No. 16F1 F August 9, 2005 Page 15 of 48 Agenda Item No. 166J i September 13, 200 Page 55 of ~ CONTRACT MODIFICA liON CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BID/RFP #: 02-3418 MOD #: 7-07 AMOUNT OF THIS CHANGE $0.00 PO #: 4500004112 Work Order #: N/ A CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,989,146.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BeC Approved Amount $ 24,861,000.00 (LAST TOTAL AMT. REQUIRING BeC APPROVAL) Date of Last BCC Approval Agenda Item # 12/17/02 Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 1,128,146.00 Percentage of the change over/under current contract amount 4.54% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section IIl.eA CURRENT COMPLETION DATE (S): SUBSTANTIAL: ORIGINAL: 3/16/05 PROJECT FINAL: ORIGINAL: 6/14/05 CURRENT: 5/5/05' CURRENT: 8/23/05 SUMMARY OF PROPOSED CHANGE (S): No-cost item to provide the following contract time extensions: 1. A 43 calendar day time extension to current contract substantial completion date of March 23, 2005. The new contract substantial completion date as a result of this item is May 5, 2005. 2. A 70 calendar day time extension to the current contract final completion date of June 14, 2005. The new contract final completion date as a result of this item is August 23, 2005. JUSTIFICATION FOR CHANGE (S): The previous contract substantial and final completion dates were delayed due to the reasons listed below. The reasons are numbered to match item numbers under "Summary of Proposed Changes". 1. Contract work on the schedule's critical path for substantial completion was delayed by modifications to the sequence of work for effluent piping connections to required to prevent extended duration in which Effluent Pond No. 3 would be removed from service. Specifically, the sequence was revised to install an interconnect between existing reuse piping and plant service water piping prior to starting with the base contract work of making a piping interconnect between Chlorine Contact Basin Nos. 1 and 2 effluent piping with proposed effluent piping. 2. Contract work on the schedule's critical path for final completion, Le. - construction of the new Reclaimed Water Screening Structure, was delayed in order to relocate an existing FP&L primary electrical power feed to the existing Reuse Pump Station. Available record drawings f rom a previous project showed the FP&L power feed to be outside the limits of construction of t he Agenda Item No. 16F1F August9,2005 Page 16 of 48 Revised 9/14/04 :- Agenda Item No. 1 ~~1 September 13,2. 0 Page 56 of 5 Reclaimed Water Control Structure (RWSS). When excavating for RWSS construction. it was detennined that FP&L had routed the power feed through the proposed construction area by directional drilling. The Contractor has submitted a time extension request along with the supporting information required by Specification Section 01300 (narrative of impact. updated CPM schedule). The Engineer has reviewed the request and supporting documentation and confirms that the request for time extension is valid in accordance with the scneduling provisions of the Contract Documents. Additional costs associated with item 1 above are addressed in Contract Change Order Item No. 7-04. Additional costs associated with item 2 above are addressed under the Contract's Allowance Account as an unforeseen condition. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer. Contractor) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NfA) t Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope Change Is being Implemented In a manner consistent with tI1. ~sting agreement The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth In the change are reasonable - CONSULTING~ e.. INEMMENOAnON: RECOMMEND: _ Date: b..'1..~"'O) DO NOT RECOM END: Date: PROJECTMANA~~~OMM2~~n9~~~. RECOMMEND: ~ /~ DO NOT RECOMM NO: Date ~t(' Date CONTRACT SPECIA IS RECOMMEND: DO NOT RECOMME Date; c'/;21 JoS COMMENTS Revised 9114/04 Agenda Item No. 16F1 F August 9,2005 Page 17 of 48 CONTRACTIWORK ORDER MODIFICATION ~' J. CHECKLIST FORM PROJECT NAME: Gt-r~~ ~r (l(.A.) {JIf~E.. PROJECT #: BtD/RFP #: 03-3559 MOD #: 2 _pot: 4500031465 WORK ORDER #: N/A Agenda Item No. 1~.. .. 1 September 13, 5 Page 57 0 151 DEPARTMENT: Transportation Original Contract Amount: $ 99.976 (Starting Point) Current BCC Approved Amount: $ 99.976 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 101.196 (Including All Changes Prior To This Modification) $_~ eJL- $ 101.6 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ /0--) Change Amount: Revised Contra~ork Order Amount: -..--...-.-'" Date of Last BCC Approval 2/24/04 Agenda Item # 16B4 Percentage of the change over/under current contract amount 0 % Formula: (Current Amount 1 Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: 2/24/05 CURRENT: 10/31/05 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Extension of contract time JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? MPO staff experienced delay in data collection efforts (contributing to project) that make change necessary. PARTIES CONTACTED REGARDING THE CHANGE: Mr. Norman Feder. Administrator IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NJA) l Proposed change is consistent with the scope of the existing agreement ..lL Proposed change is in fact an addition or deletion to the existing scope -LChange is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change NIA Proposed prices. fees and costs set forth in the change are reasonable APPROVE BY: Pr 'e REVIEWED BY: ' Revised 4/25/20 5 ENDATION: This form is to be signed and dated. Date: Agenda Item No. 16F1 F August 9, 2005 Page 18 of 48 Date: CONTRACTIWORK ORDER MODIFICA11ON CHECKlIST FORM '. Agenda Item NO~F 1 September 13, 05 Page 58 -of 51 PROJECT NAME: Clerk's MIS r!' Floor Building F PROJECT #: 50031 BIDIRFP I: 04-3694 MOD #: L.PO#: 4500040043 WORK ORDER I: DePARTMENT: Facilities ()riainal CODtract AmoUDt: $ 233,839.00 (Starting Point) Current Bee Approved Amount: S 2~39.00 (Last Total Amount Approved by the Bce) Current CoDtract Amount: $282,382.66 (Including All Changc:s Prior To This Modification) $ 1,320.00 $ 283,682.66 (lnc1uding This O1angc Ord<<) CamnJative DeBar Value of Changes to tJds ContraetlWork Order: $49,843.66 Change AmoDnt: Revised ContractJWork Order AmoUDt: Date of Last BCC 12/16104 Approval Agenda Item # 16 e 9 Percentage of the change over/under current contract amount % 1.74 Fonnula: (CUrrent Amount I last BCC approved amountH Results and Actions: If the change exceeds 10% BCe approval Is required; under 10% reported to BCC on Purchasing report. For speeifie information regarding work order thresholds, please refer to the Contract Administration Procedures. Section III.C.4. CURRENT COMPLETION DATE {S):ORlGINAL: 7/26/05 CURRENT: 8/26105 SUMMARY OF PROPOSED CHANGE (S): Install Filter Grills in Air Returns instead of filter in Air Handler. Also 60 calendar days have been added to completion date making it 8126/05 . JUSnRCAnON FOR CHANGE (S): What value or benefit do these changes provide to the project? There was no ceillna clearance to install filters in air handler.. l'~ PARTIES CONTACTED REGARDIN~ THE CHANGE: Bob Pierce, ClerK's staff. IMPLEMENTA nON STEPS (Verify each before proceeding with change using V, N or NIA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is In fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices. fees and costs set forth In the change are reasonable DATION: This form Is to be signed and dated. Date: 7/7;:'~ . I Date: 7/1/0{ APPROVE BY: Pro; REVIEWED BY: Cont Revised 4/25/2005 Agenda Item No. 16F1 F August 9, 2005 ~ ... Agenda Item NO~1 September 1 '" 05. Page 59 of 51 CONTRACTJWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Vanderbilt Beach Parkina Garaae PROJECT #: 90295 BIDIRFP #: 04.3582 MOD #: 1 POI: 4500028724 WORK ORDER #: n/a DEPARTMENT: Facilities Manaaement Original contract Amount: Current Bce Approved Amount: Current Contract Amount: Change Amount: Revised ContractJWork Order Amount: $420,010.00 (StartIng Point) $420,010.00 (Last Total AmOWlt Approved by the Bee) $420.010.00 (Including All Changes Prior To Thls Modification) 1$9.617.00) $410,393.00 (IncludJng this Change Order) . Cumulative Dollar Value of Changes to this ContractIWork Order: ($9.617.00) Percentage of the change over/under current contract amount: -2.29% Fonnula: (Current Amount I Last BCC approved amoWlI)-1 Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. Date of Last BCC Approval March 23. 2004 Agenda Item # 16.E.7 CURRENT COMPLETION DATE (S);ORJGINAL: 11/16104 CURRENT: 5/15/06 oer 613105 letter SUMMARY OF PROPOSED CHANGE (S): Identify the chanaes. Task 2 (Permittina. $35.725) includes $15.900 related to a orooosed walkway to the beach but this feature was not oursued. Additionallv. Walker Parkina Consultants has reauested additional fees and after lenathy review. four items were aareed: CCCL oermit apolication fee of$1.500: a renderina. $909: desian of an underground stormwater system. $2.042: and additional landscaoina desian. $1.832. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The additional fees were authorized in order to obtain full permlttina and oroiect aporoval. PARTIES CONTACTED REGARDING THE CHANGE: Purchasina: Kelsev Ward and Linda Jackson, Facifities: Peter Havden IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor NlA) ..::L Proposed change is consistent with the scope of the existing agreement -3- Proposed change is in fact an addition or deletion to the existing scope -3- Change is being implemented in a manner consistent with the existing agreement -3- The appropriate parties have been consulted regarding the change -3- Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. ')/L A/JJ ~'DlgHBlly.lgnedbyRonHowdI ~ /Ic APPROVEBY:~~-- DM.:?; 0 0); REVIEWED BYi .. Date: ~~J CO ct Sp a list Revised 4/25/2005 Agenda Item No. 16F1F August 9, 2005 Page 20 of 48 ~;l,~,> "_"~"'_.,_,"""~" '_____._____.__~_~'"'____.~,,~.~._.,~_,~"~_".N'_~...____._'___,......___~._.".,____ ~'_ _'._~" ....,... ~'_^'_ccN.,___,,_~.. "".'_ .. CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. ~ September 13, 5 Page 60 of 1 -. PROJECT NAME: Enaineerino AnalYsis of Oranaetree Utilities bv Hartman & Associates, Inc. PROJECT #: BID/RFP #: 03-345Ji MOD #: LPOtI: 4600000851 WORK ORDER II: DEPARTMENT: CDES OD8rations Department Origioal Contract Amount: S 77,1'4.00 (StartlngPoint) Current BCe Approved Amount: S 86.194.00 (Lust TataI Amount Approved by the BCC) Current Contract Amount: $ 86.194.00 (Including All Otanges Prior To This ModifK:III.ioo) Change Amount: s_~ $ 86.194.00 (Including This Change Order) Cumulative Donar V.lue of Changes to tbis ContractIWork Order: S 9.000.00 Revised COlltractIWork Order Amount: Da1B of Last Bee Approval June 22. 2004 Agenda Item # 16M PercentaGe of the change overlunder current contract amount -0. % Formula: (Current Amount I last BCC approved amount)-1 Results and Actions; If the change exceeds 10% BCe approval is required; under 10% reported to Bee on Purchasing report For specific infonnation regarding work order thresholds, please refer to the Contract Administration Procedures, Section 11I.C.4. CURRENT COMPLETION DATE (S}:OR1GINAL:June 15. 2004 CURRENT: september 15. Z005 SUMMARY OF PROPOSED CHANGE (S): Identify the eIlanges. Extending contract completion date to allow for final invoices and payment. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? .The project was completed .on December 3, 2004; there was confusion and errors on final invoice which had to be resubmitted; extension of completion date will allow for final Invalento be paid, closing this engagement. PARTIES CONTACTED REGARDING THE CHANGE: Purchasing/Finance; no need to contact vendor. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _x_ Proposed change is consistent with the scope ofthe existing agreement _x_ Proposed change is in fact an addition or deletion to the existing scope _x_ Change is being implemented in a manner consistent with the existing agreement _x_ The appropriate parties have been consulted regarding the change _x_ proposed prices, fe nd costs setforth in the change are reasonable PROJECT MANAGER OM NDATION: This form Is to be signed and dated. APPROVED BY: 7-.:)-0 S-- D. E. "Bleu" Walla ,..,.... / .Ao,r REVIEWED BY: 1.. c..,. "'V" C Agenda Item No. 16F1F August 9, 2005 Page 21 of 48 '""VI" I ""'''' I ""unn. un..,.,", .n"'l#1l ....._..v.... Agenda Item t.J~6F1 CHECKUST FORM September 1 005 Page 61. f 151 .: PfJOJECT NAME: NORTH NAPLES REGIONAL PARK CONSTRUCTION MANAGEMENT AT RISIC . , PROJECT #:80602 ~,.. I BIDIRFP ,: 01-3189 MOD #:14 PO':4500037217 DEPARTMENT: PARKS AND RECREATION OrialDal Contract Amount: 553,802,645 (Starting Point) Current BCe Approved Aniount: $42,623,463.30 (Last Total Amount Approved by the Bce) Current Contract Amount: $41,214,106.92 (Includi!lS AU Changes Prior To 'Ibis ModIflearlon) C.buge Amouut: ($-288,383.19) I $40,925,723.73 (lnclud.ini 'Ibis ChaIIge Order) Cumulative Dollar Value of ChaDges to this CODtraeUWork Order: ($-12,876,921.27) - Re'rised ContractlWork Order AmOUDt: Date- of Last BCC Approval: 5/24f.mD5 Agenda Item #16(D)4 . . Percentage of the change under current contract amount: 2.61 % , Formula: (Current Amount! Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on PurChasing report, For speclffc Information regarding work order threshoJds, please refer to the Contract Administration Prooedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 5/1012006 CURRENT: 5/1012006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This deductive Change Order .. 14 is asaoelated with the Direct Materials Purchase (DMP) 01 materials directly from the project vendors of the North Naples Regional Park construction proJect. By deducting the direct costs of certain materials from Kraft Construction's purchase order and purchasing directly from the vendor, the County Is able to save the 6% florida Sales Tax on the purchase. In this case, the savings on the $288,383.19 of purchases equals approximately $16,300 In ta.x savings to the County. Collectively, all Change Orders for the DrIP add up to $12,876,921.27 which equates to tax savings of approximately $741,900 to the County. JUSTIFICAnON FOR CHANGE (S): What value or benefit do th_ changes provide to the project? exhibit 0 of the Contract sets out the procedure for executing the Direct Materials Purchase (DMP) of goods. This Change Order Is consistent with the contract'. procedures and Is In concert with the County's policy of Sales Tax saving. thru direct purchases. This saves the County significant amounts of money. PARTIES CONTACTED REGARDING THE CHANGE.: Parks and Recreation Director, Public Services Administrator, Purchasing's Contract Specialist, Clerks Finance Department Special Projects Coordinator" County Project Manager. lhwiRf'n 4/25/2005 L.lZVl70'd ~d ro ~IT1ro Agl;Joda Item No. 161=11= - Augusl9,2005 Page 22 of 48 9E:60 S002-G~-1Ili" Agenda Item NO~16F1 September 1 Q05 Page 62 0 f51 _ IMPLEMENT AnON STEPS (Verify each before proceeding with chanoe using Y. N or N1A) ..)L Proposed change is consistent with the scope of the existing agreement -x_ Proposed change is In fact an addftlon or deletion to the existing scope ..x.. Change Is being implemented in a manner consIstent with the existing agreement _X- The appropriate parties have been consulted regarding the change _X- Proposed prices. fees and costs set forth in the change are reasonable D :nO : This form Is to be signed and dated. Date: 7/?/K Date: 7 f~/ as- REVIEWED BY; I Revised 4/25/2005 l.0/S0"d -~_.--~~-, ~d OJ ~lllCO Agenda Item No. 16F1F August 9, 2005 Page 23 of 48 ~:60 SOOG-ct-"Tlr , CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16Fh September 13, 200~ { Page 63 of 151 PROJECT NAME: Llvinoston Road IPRR.VBRl PROJECT #: 620713 BIDlRFP t, 04-3654 MOD #: ~4500038091 WORK ORDER ""!!!l! DEPARTMENT:A!M. Origi.aa1 Contract Amount: S 679.395.Z0 (Starting Point) Current BCC Approved Amount: $,- 7j3!3sr:r,S #tM1/tI (Lut Total Amount Approved by the BCC) Current Contract AmouDt: $ 783.355.65 (Including All Changes Prior To This Modification) Change Amount: S 0.00 $ 783.355.65 (Including This Change Order) Cumulative DoUar Value of CbaDges to this ContnetlWork Order: $ 103.960.45 Revised CODtraetlWOrk Order Amount: Date of Last see Approval SeDtember 14. 2cf)if. Agenda Item # 168-6 Percentage of the change over/under current contract amount 1% (OverrJJ. tI I S. 30~ ) Formula: (Current Amount I Last BCe approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: March 18.2005 CURRENT: Julv 26.2005 SUMMARY OF PROPOSED CHANGE (8): Identify the changes. ChanDe Order to add additional days onlY to Drace.. nvmen1s . JUSTIFICA nON FOR CHANGE (8): What value or benefit do thes. changes provide to the project? Chan~e Order to add additional days to Df'0C8SS oavment PARTIES CONTACTED REGARDING THE CHANGE: fi10b Petersen. Joroe Freire. Mike McGee. Gloria Herrera. Rhonda Rembert. Diane Flaaa. Nonnan Feder. and Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Proposed change is consistent with the scope of the existing agreement _ Proposed change is in fact an addition or deletion to the existing scope _ Change is being implemented in a manner consistent with the existing agreement _ The appropriate parties have been consulted regarding the change _ Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: B. REVIEWED BY: Date: Date: Agenda Item No. 16F1F August 9, 2005 Page 24 of 48 honda Rembert, Contract Specialist Revised 4/25/2005 CONTRACTIWORK ORDER MODI FICA nON CHECKLIST FORM Agenda Item No. 16F1 September 13, 20f!!} Page 64 of 15lt>' PROJECT NAME: Fleet Facilitv PROJECT #: 52009 I 35010 BID/RFP #: 02-3422 MOD #: 6 POI: 4500016851 WORK ORDER #: nla DEPARTMENT: Facilities Manaaement Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised ContractJWork Order Amount: $500.000.00 (Starting Point) $683.650.00 (Last Total Amount Approved by the BeC) $683.650.00 (Including AU Changes Prior To This Modification) $6..200.00 $689.850.00 (Including ThIs Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $189.860.00 Percentage of the change over/under current contract amount: 0.91%t Formula: (Current Amount I Last acc approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. Date of Last BCC Approval March 9. 2004 Agenda Item # 16.E.8 ,,- CURRENT COMPLETION DATE (S):ORIGINAL: 5/5/05 CURRENT: 5/15/07 per 613/05 letter SUMMARY OF PROPOSED CHANGE (S): Identify the chanaes. The oriainal contract called for desianina the proiect in two maior phases: the County Fleet Facility and the Sheriff Fleet Facility. Now that it has been decided to purchase the land adiacent to County Barn and to include the Collier Area Transit (CAT) operations. the proiect needs to be re-desianed for site civil enaineerina details, etc. It may be possible to construct the County Fleet Facility in the near term and then construct the Sheriff Fleet Facilitv and CAT Facility after the re..ctesian is complete. JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes proVide to the project? The additional fees are needed to desian a fundable and pennittable proiect. PARTIES CONTACTED REGARDING THE CHANGE: County Manager. Purchaslna: Linda Jackson. Facilities: SkiD Camo. Chuck Carrinaton Peter Hayden. Fleet: Dan Croft. CAT: Dianne Flaag. Liz Suchsland IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) ..:L Proposed change is consistent with the scope of the existing agreement 3- Proposed change is in fact an addition or deletion to the existing scope ..l Change is being implemented in a manner consistent with the existing agreement ..l The appropriate parties have been consulted regarding the change -Y- Proposed prices, fees and costs set forth in the change are reasonable - APPROVE BY; /' Proj ot REVIEWED BY: Con a PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. 7jJ{los I I Date: 7/;y/1If' Date: Revised 4/25/2005 Agenda Item No. 16F1 F August 9, 2005 Page 25 of 48 CONTRACfIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16F1 September 13, 2005 ~J iage650f151 7/11 q PROJECT NAME : Naples Jail Exp8Jlsion PROJECI'#: ~ BIDJRFP #: 98-2829 MOD #: 35 PO#: 4500012306 WORK ORDER #: N/A DEPARTMENT: Fadlities Original Contract Amount: $ 34,402,176.00 (Starting Point) Current BCCApproved Amount: $ 29,914,372.14 (Last Total Amount Approved by the Bee) Current Contract Amount: $ 29,560,854.78 (Including All Changes Prior To This Modification) Ch8Jlge Amount: 534,383.07 Revised ContractlWork Order Amount: $29,595,237.85 (Including This Change Order). ~ . /' Cumulative DoDar Value orCbanges to this ContractlWork Order: .t'(449,974.1S) . r / Date ofLastBCC Approval 2/10/04 Agenda Item # 10 B Percentage of the change over/under current contract amounf;'~.O'7") Formula: (Cwrent Amount I Last BCC approved amount)-l<--':'/ Results and Actions: If the change exceeds t 0% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work. order thresholds, please refer to the Contract AdministrationProcedmes, Section m.CA. CURRENT COMPLETION DATE (S):ORIGINAL: 6/13106 CURRENT: 6/13106 SUMMARY OF PROPOSED CHANGE (S): Exhaust duct & fan for laundry, replace corridor doors with swinging doors, add two cameras in recreation yard, revised hardware for elevator machine room JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Owuer requested changes for overall safety & security or the new jail. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Ron Bovel1~ Lioda Jackson, Bonnie Baer IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) _ Y _ Proposed change is consistent with the scope of tile existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMEND APPROVE BY: ON: This form is to be signed and dated. Date: jJ ( ~ I 0-:5- Date: 7//f'lvr Revised 4/2512005 Agenda Item No. 16F1 F August9,2005 Pa e 26 of 48 Agenda Item No. 16F1 September 13, 2005 Page 66 of 151 ,/,.-... CONTRACTJWORK ORDER MODIFICATION CHECKLIST FORM 10 PROJECT NAME:Grey Oaks Public Safety Facility PROJECT #: 52008 BJD/RFP #03-3493 DEPARTMENT: Facilities .MOD #: 13 pO#: 4500013327 WORK ORDER # Original Cootract Amount: $ 1,650,4G6.00 (Starting Point) S lJSO,406.00 (LastTota1 Amount Approved by the Bce) Current BCC Approved AmOUDt: Current Contract AmoURt: $ 1,689,412.18 (Inclu.ding AU Changes Prior To This Modification) Change Amount: $16,624.19 Sl,706,036.37 (Including This Olange Order) Cumalative Dollar Value of Chaoges to this ContractlWork Order: $ 55,630.37 R.ev.fsed COIltractlWork Order Amount: ,- Date of Last BCC Approval 6/1 0/0~ Agenda Item # 16 E 6 Percentage of the change over/under current contract amount % 3.37 Formula: (Current Amount I Last BCe approved amountH Results and Actions: If the change exceeds 10% Bee approval is required: under 10% reported to Bee on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section lII.e.4. . CURRENT COMPLETION DATE (S}:ORIGINAL 6/16/04 CURRENT: 9/0812005 - SUMMARY OF PROPOSED CHANGE (S): Change order # 13 increases completion 243 days. The building was not classified correctly by the City of Naples and a lot of changes had. to be made afterthe fact for the building to meet code. JUSTIFICATION FOR CHANGE (5): For the buDding to meet code. PARTIES CONTACTED REGARDING THE CHANGE: Bob Pierce. SkiD Camo IMPlEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) _Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs ~et forth in the change are reasonable PROJECT MAN~~~~: This fonn is to be signed and datod. AP?ROVEBY(~ Date: Revised 4/25/2005 Agenda Item No. 16F1F August 9, 2005 Page 27 of 48 Pro~ REVIEWED BY: Co e' t Date: 'l/t/P Revised 4/25/2005 Agenda Item No. 16F1 September 13, 2005 Page ~1}of 151 C( Agenda Item No. 16F1 F August 9, 2005 Page 28 of 48 CONTRACTIWORK ORDER MODIFICATION CHECKUST FORM Agenda Item No. 16F1 I f September 13, 2005 Page 68 of 151 , PROJECT NAME: Sodium Hypochlorite Piping Modifications PROJECT #: 414-739571 BIDIRFP It: 05-3762 MOD i#: 1 PO':4500042782 WORK ORDER It: DEPARTMENT:PUED Original Contract Amount: $ n,500 (Starting Point) Current BCC Approved Amount: $72,500 (Last Total Amount Approved by the Bee) Current Contract Amount: $72,500 (tncluding All ChaDgcs Prior To This Modification) Change Amount: $(3234.00) $69.266.00 (lncIuding This Oulnge Order) Cumulative Dollar Value of Changes to fhls ContractlWork Order: $(3234.00) Revised Contraet/Work Order Amount: . Date of Last BCe Approval__01/25105 Agenda Item # 1601 Percentage of the change over/under current contract amounC(4A6%) Fonnula: (Current Amount I Last see approved amount}-1 . Results and Actions: If the change exceeds 10% ace approval is required; under 1.0% reported to BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section U1.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 07/01/05 CURRENT: 07/16/05 SUMMARY OF PROPOSED CHANGE (S):ldentify the dlaDges. Add 15 Calendar Days to Contract Amount. Subtract $3234.00 of unspent monies from contract amount See Attached "Exhibit An . t . JUSnFlCAll0N FOR CHANGE (5): What value or benefit do these changes provide to the project? See Attached "Exhibit A" PARnES CONTACTED REGARDING THE CHANGE: Encore Construction. Hole Montes. CC Purchasina. CC PUED. CO Ooerations lMPLEMENTAnON STEPS (Verify each before proceeding with change using v, N or N1A) Y _ Proposed change is cOnsistent with the scope of the existlng agreement Y _ Proposed change is In fact an addition or deletion to the existing scope Y _ Change is being implemented In a manner consistent with the existing agreement Y _ The appropriate parties have been consulted regarding the change y _ Propos~ prices, fees and ~sts set forth In the change are reasonable PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated. Date: ;1 f/ ,_ Dale: 7/zl/oS . . A~enda Item No. 16F1F ... Au~u~19,200G Page 29 of 48 L_ .,,---/" j.>""- , /~~~ CONTRACTIWORK ORDER MODIFICATION CHECKUSTFORM Agenda Item No. 16FV /l September 13, 2006 .<- Page 69 of 151 PROJECT NAME: Goodl8tte-Frank Road BID/RFP #: 03-3509 MOD #: . _.$ _ _ POI: 4500016367 DEPARTMENT: TEeM PROJECT #: 60005 O.rigiDal eo_tract Amout: $ 1.(.63.253 (startirJg Point) ~ .. ~t Bee Approved Amount: $1.207..230 (Last Total Amount Approved by tbc BCC) $ 1.207.230 ~ (Includiog AJI CIumges PrioI' T'O This Modification) CvrreDt .CoDtrad Amout: CIIuge Amout: S 7._ S 1.214.630 / (Iocluding '[bjs Qaugc Order) Cumulative Bolar Value ofCJumges to this CoatractlWork Order: $ 151.377 R~ eoatracflWork Order Amour. Date oft.ast sec Approval 12-1U4 Agenda Item # 188(7) Percent8ge of the cbange ~ current contract amount 0.6' % Formula: (Cumri Amount I Last ace apprvved amount)-1 ~ults and Actions: If the ch~nge exceedS 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract Administration Procedures. Section III.CA. -- CURRENT COMPLETION DATE (S):ORlGINAL: 06-01-04 CURRENT: 03~1.o6 SUMMARY OF PROPOSED CHANGE {S):ldentffy the changes. Coriduct an ~rch8eo1oa1ca1sul'V8Y and .....ament of1he Fleischmann _reel.net the pOnd site on the ..reel. .. . JUSTIFICATION FOR CHANGE (S): What value or benefit do tbeae cha.nges provide to the project? Parcel has not had such an ......ment. and It I. reaulred by the SFWMD in order fOr the D8Imltto .. issued. PARTIES CONTACTED REGARDING THE CHANGE: DeDartment head. consultant and sD8Claltv con.ultant IMPLEMENTATION STEPS (Verify each befo.. proceeding with change using Y, N or NlA) ..::L Proposed change Is consistent with the scope of the existing agreement ..L Proposed change is in fact an addition or deletion to the existing scope L Change is being implemented in a manner consistent with the existing agreement .::L The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth In the change are reasonable Agenda Item No. 16F1F August 9, 2005 Page 30 of 48 Agenda Item No. 16F1 September 13, 2005 Page 70r!j51 CONTRACT MODIFICATION CHECKUST FORM PROJECT NAME: One Hundred (iDOl Year Flood Elevations for Five IS) Basins In CoUler County PROJECT #: None BID/RFP #: MOD #:2_AMOUNT OF THIS CHANGE: N/A' PO #: 4500024040 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ 215.000.00 CURRENT $335.000.00 (STARllNG POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $335.000.00 (LAST TOTAL AMY. REQUIRING BCC APPROVAL.) Date of Last BCe Approval: September 21.2004 Agenda Item # 16(AU4l Percentage of the change over/under current contract amount 0.00 % Fonnula: (Current Amount I last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required: under 1 0% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 11-30-04 CURRENT: 1-30-07 SUMMARYOF PROPOSED CHANGE (8): Addition of time wallow .for completion of floodplain studies. respond to FEMA review comments. and final mat>olna preparation/notification/oubllcation orocess by FEMA JUSTIFICATION FOR CHANGE (5): Extensive unanticipated difficulties encountered to aet FEMA's coastal model to work delaved work implementation on the interior basIns. FEMA's chanoe in review contractor and establishment of a newtimelineforreview of deliverables and pUblic notice procedure reauires additional time for consultant to be available to respond to comments. PARTIES CONTACTED REGARDING THE CHANGE: Richard S. Tomasello. Joe Schmitt. Kelsev Ward IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent wl1h the scope of the existing agreement _N_ Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been cOnsulted regarding the change N/A Proposed prices, fees and costs set forth in the change are reasonable PROJECT.~fj.~:ECOMI!ftNDAT10N: APPROVE: .a DISAPPROVE: 1 Date: 7/ZS/0Y Date: COMMENTS: ~:mJ03 ~c?w 1/u7;'Y Agenda Item No. 16F1F August 9,2005 Page 31 of 48 ;--~ CONTRACTIWORK ORDER MODIFICATION CHECKlIST FORM Agenda Item No. 16F1 September 13, 2005 Page 71 of r1 PROJECT NAIIE: Golden Gate Parkwav Grade SeDarated 0ve1'D8SS PROJECT it. 60027 BlDlRFP ':-;(x),~MOD #:} POI: IV'Uos1 WORK ORDER #: DEPARTMENT: TE&CII 0ripIaI CoDtraet Amout: $ 1.245.857.00 (S18rtiDg Point) / c.rreat BCC AppI'OWld A.o..t: $ 339&807.00 (Last ToIBl Amo1mt Approved by tile BCC) $ 3.686.047.00 -./ (lDch~ All Cbanges Prior To This Modification) CIII'RIIt CoDtraet Amout: CIumce AmoDDt: $ 33.J50.oo Rerised CoIItraetIWork Order Amo..t: S 3.699.197.00. (Including This.C!amgc Orda') C....Jative Dollar VIIIae of CIuuages to this CoutndlWork Order: $ 2.4S134OJ)O Date of LastiiCC Approval 5/12/02 Agenda 1f8m # 1685 Percentage afthe change overJunder cumtnt contract 8II1OUnt +8.84 % Formula: (Cunent Amount I Last ace approved amount)-1 Results and Actions: If the change exceeds 10% acc approval is required; under 10% reported to Bee on Purchasing report. For specific infonnation regarding wor1< order thresholds, please refer to the Contract Administration Procedures,Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: 5/14/02 CURRENT: 12/3112007 SUMMAR.Y OF PROPOSED CHANGE (8): IdeDtify the chaDges. Provide additional SCODe of service. to revise the construction plan drawin~ and obtain permitting for extending the left-turn . lane on Golden Gate Padcway west of Livingston Road to increase stora2e capacity. Provide additional SCQpe of service to provide Dl'Diect certification to SFWMD uoon coIJ1Dletion of construction. JusnFlCATION FOR CHANGE (S~: What value or benefit do these changes provide to the project? The cunent Ieft-tum storage lane west of Livinoston Road stacks UD to the DOint that it blocks thru traffic on the Golden Gate ParKway. When the 1~75 interchanae ooens. this restriction will be more of a ;;blem than it is todaY. BY further extendina this lane we avoid a future DI'Oblem by correctina during construction. The certification was not incfyded in Mor SCODeS of service and is a reauirement of..sFWMD. PARTIES CONTACTED REGARDING THE CHANGE: Actina Director TE&CM. RWA Consultants IIIPLEMENTAnON STEPS (Verify each befont proceeding with change using Y, N or NlA) - Y - Proposed change is consistent with the scope of the existing agreement - y - Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y_ The appropriate parties have been consulted regarding the change - y - Proposed prices, fees and costs set forth in the change are reasonable Agenda Item No. 16F1 F August 9, 2005 Page 32 of 48 Agenda Item No. 1~6F1 September 13, 5J'. Page 72 of 1 1~ CHANGE ORDER CHANGE ORDER NO. ~ W CONTRACT NO. 92 SaGS ('\t) .. 3o\o~ ..,.. Bce Date: ,~, Agenda Item: ~f TO: RWA. Inc. 6610 Willow Park. Drive. Suite 200 NaDles. Fl 34109 DATE: Julv 15. 2005 PROJECT NAME: Golden Gate Parkway Slx-Lanina PROJECT NO.: 60027 Under our AGREEMENT dated November 28 . 2000. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: (Revise the construction plan drawings and obtain permitting to extend the left-tum storage lane on Golden Gate Parkway west of Uvingston Road to increase storage capacity) FOR THE (Additive) (Deductive) Sum of: dollars) (thirty-three thousand one hundred fifty ($ 33.150.00 ). Original Agreement Amount Sum of Previous Changes This Change Order (Add) (Deduct) $ $ $ $ 1.245.857.00 3.666.047.00 33.150.00 3.699.197.00 Present Agreement Amount The time for completion shaH be (increased) by .JL calendar days due to this Change Order. Accordingly. the Contract Tune is now NA () calendar days. The substantial completion date is NA and the final completion date [s December 31. 2007 . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above. as fully as If the same were repeated in this acceptance. The adjustment. If any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for Impact and delay costs. Accepted: ,T tJ '- '11 l t> , 2005 CONTRACTOR: (RWA, Inc.) By: CL.. - 4-;;" _ 0. ""-- +- (Christopher 6. Wright, P.E.) OWNER: BOARD OF COUNTY COMMtSSIONERS OF COLLIER COU . FLORIDA By: (Gary R. Puta nsuu, P.E.) Project Manager DESIGN PROFESSIONAL By: NA Revised 2/2412005 Agenda Item No. ~~11 September 13, 5b PROJECT MANAGER RECOMMENDAnoN: this fonn is to be signed and dated. Page 73 0 151 Date: ?-~-~r REVIEWED BY: Date: n ct Specialist PREPAREDBY: ~ _ Date: 7-/It-..r Gary R. P ansuu, P.E. Senior Project Manager APPROVED BY: ~ ~L/ Date: 7#, /,s-- Euge e Calvert. P.E. Acting Director, Transportation . Engineering and Construction Management 1/j26ja5 , APPROVED BY: Date: Steve CameU, Director, PurchaeinglGeneral Services APPROVED BY: Date: Nonnan E. Feder, Alep, Administrator Transportation Services Division Agenda Item No. 16F1 F August9,2005 Page 34 of 48 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Collier Boulevard. Golden Gate Blvd to Immolcalee Rd. PROJECT #: 65061 B1D1RFP t: 02-3398 MOD t#: 3 Pot: WORK ORDER #: Agenda Item No. 16F1 SeptembEjf. r. JM ' 005/ Pag~'1517 DEPARTMENT: TranaDOrtatloD Enal....rinG & Construction "'naaement Origiul Ceatraet Amo1Ult: S 1.404.387.00 l/' (StadiDg Point) S 1.833.495.80 ~". (Last Total AmountAppro~ $ 1.833,495.00 (Jnc1udiag AlICbaDges Prior To This Modification) CUreDt BCC Appnwed Amout: CllITeIIt COlltnld AmODIlt: S ~~7 . ' $ _7.87 / (Jadudiog This Ch80gc Older) c..1IIativeDoDar Val. of Clumps totldt COIltrIldIWork Order: $ 574.150.87 C.... Amout: RevIled. CoBtnctlWork Order AmoRt: Date of Last acc Approval 05124105 Agenda Item ., 1689 Percentage of the change over/under current contract lII110unt +7.91 % Fonnula: (CurTent Amount , Last ace approved amQunt)..1 Results and Actions: If the change exceeds 10% Bee approval is required; under 10% reported to ace on Purchasing report For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPlETION DATE (S):ORIGINAL: Qfcember. 2003 CURRENT: December 31.2007 , SUMMARY OF PROPOSED CHANGE (8): Id,*tify the c:haages. ChAne-e Order 1 provides $145.042.87' to orovide Post Design Services during construction. These services include DarticiDation in meetfnQ.s. r8SpOfldina to reauests for"lnfonnation. reviewina croDosed Dlani chanaes. revisinaDlan drawinas. incorDOratina ch8nae and certifvina the end oroduct. I PARTIES CONTACTED REGARDING THE CHANGE: ActinQ TE&CM Director and CH2MHiII Consultants. IMPLEMENTATION STEPS (Verify each before proceeding with ehange using Y, N or NlA) .:L Proposed change is consistent with the scope Of the existing agreement ..::L Proposed change is in fact an addition or deletiQn to the existing scope L Change is being implemented in a manner consistent with the existing agreement -~ ~TI~li~i".j~es have been consulted regarding the change ~1Vt9JIS and costs set forth in the 'change are reasonable JUL 2 5 2005 T~ Enginlertng Department Agenda Item No. 16F1 F August 9, 2005 Page 35 of 48 Agenda Item No. 16F1/5: &tt September 13, 2005 , PROJECT MANAGeR REcoM~TlON: ThIa ,......... to bulglMd and d8l8d.. Page 75 of 151 APPROVEBY: ~~ . . Date: 1'-/"'6r-' Project nager REVlEWEDBY:~~ Date:~7/&5 COntract Specialist PREPAREDBY:~~ , Gary PutBansuu, P.E., Senior Project Manager APPROVED BY; d~ &/ Date: Eugene Calvert, P.E. Acting Director, TransPbrtauon Engineering & Construction Management ~ent ! Date: ;J-d"..r- 7~~ APRROVED BY; Norman E. Feder, AlCP, Administrator Transportation Services Division Date: Agenda Item No. 16F 1 F August 9, 2005 Page 36 of 48 CONTRACTJWORK ORDER MODIFlCAnON CHECKUST FORM ".-.~ ~ROJECT NAME: Haldeman Creek Re8tondion Prolect PROJECT #: 51011 BIDIRFP #: 01-32.16 MOD#:: Amendment NO..3"~ PO#:203233 WORK ORDER #:N1A , Agenda Item No. 16F1 September 1 ~;J~ Page 76~ /~ DEPARTMENT: Stormwater Manaaement Original Contract Amount: $ 150.000.00 (Starting Point) S!..:.----. _ (, 7 2.~ f.J 3. 7 S- (Last Total Amount Appro~ by the Bee) Current Bee Approved Amount: Current Contract Amount: $172.833.75 (Jnclwfing All ChaDgcs Prior To TbisModification) Change Amount: $!! ,..... ReYlsed ContractlWork Order AmOUBt: $I '" 7;;< pj 3. 7J -(lDcluding~ Chanje Order) Cumulative Dollar Value of Changes to ~ CoatractlWork Order: ~ f""';? <6 J3.75 . Date of Last Bce Approval June a.. 2004 Agenda Item # 16811 '"; ~. !;.- :...~ t i'erC8ntage of the changeover/under current contract amount g' - % Fonnula: (Current Amount I Last ace approved amount)-1 Results and Actions: If the change exceeds 10% BOO approval is required; unde( 1.0% reported to BCe on purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration procedures. Section IU.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: June 2005 CURRENT: June 2007 SUMMARY OF PROPOSED CHANGE (9): Identify the changes. Time extension JUSTIFICATION FOR CHANGE (9): What value or beneflt do these changes provide to the project? Permits are still ~dlna with the DEP and ACOE. Once DlU'lnltsare Issued the DroIect can ao out for bid and construction can oommence. PARTIES CONTACTED REGARDING THE CHANGE: ~ormwater Manaaement'DIrector. Ricardo Valera. ~l'Ch88lnaConlnlCt8DecI8nst. Usa EllloU IMPLEMENTAnON STEPS (Verify each before proceeding with chang. using V, Nor NlA) Y Proposed change is consistent with the scope of the existing agreement y.. Proposed change is In fael an addition or deletion to the existing scope y.. Change is being implemented in a manner consistent with the existing agreement ':L The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reason.able ._ PROJECT MANAGER RECOMMENDATION: This form Is to be signed and datect. APPROVEBY:~. . 9 i~ A-'Gata: 7-;S--oS- REVIEWED BY: _~...~ Date: 1-71.~ ract Specialist Revised 4/25/2005 Age ql1.tlff. .I' em No. 16F1F August 9, 2005 Page 37 of 48 B7/26/2ees 12:e2 2397322668 PU OPS Agenda Item ~FA2/e5 September '1~~oo5 Page 77 of 151 i~~>' '\ <.~~:6' CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Pelican Bav Fire & Imaation Water Svstem Imorovements PROJECT I: 74023 BIDIRFP I: 0Q..30S1 MOD I: 7 pO#: 006127 WORK ORDER It: NlA $ 342.214.15 (Starting Point) $ 1.318.838.35 (All Changes Prior To 1111$ Mod.~o.n) po ':2 ~ $ i!j'E.n1!l4.~ ~$J 1.8:..a..:; l.:. :1./ (Last Total AmouD1 uiring Bee ApptOval) $ 0.00 $_1.318.838.35 (Including Thl, Olange Older) Cumulative DoDar Value 01 Change Orders to this ContradIWork Order: $ 976.624.20 Original Ccmlt'act A1DOUDt: Current Contract Amoum: Last Bee Approved Amount: Amount oCThis Change: Rmsed Contract Amount: Date of Last see Approval APril 1 O. 2001 Agenda ftem # 16 e (13) Percentage of the change over/under current contrect amount 0 % Formula: (Current Amount I Last Bee approved amount).1 Results and Actions: If 'the change exceeds 10% Bee approval Is required; under 10% reported to BCe or Purchasing report. For specific Information regarding work order thresholds, please refer to the Contract Administration Procedures, Section 11I,0.4. CURRENT COMPLETION DATE (S):ORIGINAL: JulY 1, 2003 CURRENT: December 30. 2005 SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Adi~stm8nt of estimated amounts for perfonnance atm. A-4. &6. A-7. A-a. A-e. A-10. A-12. A..15. A.16 and A-17_ JUSnFfCAnON FOR CHANGE (5): What value or beneflt do these changes provide to the project? Provides a more acourate estimation of the cost to oerfonn the Identified tasks. PARTIES CONTACTED REGARDING THE CHANGE: Finance (Carole Lee).. Focus Enalneerina IMPLEMENTATION STEPS (Verity each before proceeding with ohange using Y, N or N/A) - y - Proposed change Is consistent with the scope of the existing agreement _N_ Proposed change Is In fact an addition or deletion to the existing scope - Y - Change is befng implemented in a manner consistent with the exIsting agreement - Y - The appropriate parties have been consulted regarding the change - Y- Proposed prices, fees and costs set forth in the Change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVE BY; ~~ "--" Date: 7.z..or- Pro anager REVIEWED BY: Date: Contract Specialist Revised 3ft 0/2005 Agenda Item No. 16F1 F August9,2005 Page 38 of 48 CONTRACTIWORK ORDER MODIFICATION CHECKUST FORM Agenda Item No. 16F1 September 13, :rtils Page 78 of 1<!31 t'ROJECT NAME: Gordan River Water Qualltv Park - EnalneerlnG Deslan PROJECT #: 510181 BID/RFP 1:0s.3774 MOD II: N1A POi:4500046386 WORK ORDER #:~A DEPARTMENT: Stormwater Manaaament OrigiDal Contract Amount: $ 599.850.00 (starting Point) Current Bee Approved Amount: ~9.8S0.oo (Last Total Amount Approved by the BCC) Current Contract Amount: ~.850.00 (Including All Oumses Prior To This Modification) Change Amount: $~.7SO.oo $659.600.00 (IncJudiDg 1his Qango Ordor) Cumuladve Dollar Value of Oumges to this eontraetlWork Order: $S9.7SO.oo Revised ContractlWork Order AmoUIlt: Date of Last BOO Approval 5/24/05 , ' Agenda Item # 1687 Percentage of the change overIunder current contract amount 9.96 % .- FORnula: (Current Amount I Last ace approved amount)-1 .~esults and ActIons: If the change exceeds 10% Bee approval is required; under 10% reported to Bce on Purchasing report. For specific information regarding work order thresholds, please. refer to the Contract Administration Procedures, Section 11I.0.4. CURRENT COMPlETION DATE (S):ORlGINAL: 218106 CURReNT: 218106 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The purpose-Qf this change order is to add $59,750.00 as additional services stated in the original scope of services approved at the ace March 24, 2005 meeting to include additional data collection, geotechnical investigation and existing conditions analysis for permitting and site development purposes. JUsnFlCAOON FOR CHANGE (S): What value or benefit do these changes providf to the project? Additional services In the form of existina site data collection and existinaconditions anaIvsis.~ reauired for oennlttina and site develoDment oumoses. PARTIES CONTACTED REGARDING THE CHANGE: Stonnwater Manaaement Director. Ch2M Hili Inc. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) ...y- Proposed change Is consistent with the scope of the existing agreement l Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement'~ . -.::L The appropriate parties have been consulted regarding the change L Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDAnON: This form Is to be signed and dated. ". ~. -_APPROVE BY: . Dale: REVIEWED ~ . at !jJ::Jt~\e: nt ct Specialist 7-~ ~... 5 7)i/~/[)( J~" 1't A enda Item No. 16F 1 F August 9, 2005 Page 39 of 48 Revised 4/25/2005 . ...----.-...----.-----.--------- CONTRACTIWORK ORDER MODIFICATION CHECKUSTFORM Agenda Item No. 16F1 September 13, 20G~ Page 79 of 1~n PROJECT NAME: Uvinaston Road CPRR-VBR) PROJECT #: 820713 BIDIRFP fl.: 04-3654 MOD t#: 4 . PO#:4500038097 WORK ORDER t#:N/A DEPARTMENT:.A!M Original Contract Amount: $ 679.395.20 (Starting Point) S 783.355.65 (Last Tota! Amount Approved by the BCC) Current BCC Approved Amount: Current Contract Amount: $ 783.355.65 (IncludingAII changes Prior To This Modification) Change Amount: S 8.999.45 $ 792.355.10 (Including This Change Ordec) Cumulative DoUar Valoe of Changes to this ContractIW ork Order: S 11~959.90 Revised Contract/Work Order Amount: Date of Last ace Approval April 12. 2005 Agenda Item # 168-4 Percentage of the change over/under current contract amount 1.15% Formula: (Current Amount I Last Bee approved amountr1 Results and Actions: If the change exceeds 10% Bce approval is required; under 10% reported to BeC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section IIl.CA. CURRENT COMPLETION DATE (S):ORIGINAL: March 16. 2005 CURRENT: Auaust 31.2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Chanas Order for additional soil. pavers and two pump filter systems. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the projecri dditional soli needed was miscalculated avers were not ut in desl nand um filters were re uestec by Irriaation Project Manaaer 'ROGer Dickl. PARTIES CONTAClED REGARDING THE CHANGE: Bob Petersen. Jame Freire. Mike McGee. Gloria Herrera. Rhonda Rembert.. Diane Flaaa. Noma" Feder. and Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor NlA) - Y - Proposed change is consistent with the scope of ihe existing agreement - Y - Proposed change is in fact an addition or deletion to the existing scope - Y - Change is being implemented in a manner consistent with the existing agreement - Y - The appropriate parties have been oonsulted regarding the change - Y - Proposed prices, fees and costs set forth in the change are reasonable REVIEWED 7-Zl-ar 7"',.,j( g.:..~nda Item No. 16F1F August 9, 2005 Page 40 of 48 Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKUST FORM Agenda Item No. 16F1 September 13, 2005 Page 80 of 151 i>. . ~ROJECT NAME: Goodlette-Frank Road (PRR - VSRl PROJe~T #: 601344 'd-<' 1 '. PQt:4500047320 WORK ORDER #:NlA, BIDlRFP #: 05-3812 MOD #: "'h"~'''_'_.'-- 'DEPARTMENT: ATM CIU'I'eIIt Contract Amount: $ 631.635.43 (starting Point) $ 631.635.43 (Lut Total AmoUD1 Approved by tile Bee) $ 631.635.43 (JDchJdiDg All ChlmFS Prior To This ModificatiOn),.: " , ," " Original Coatract Amount: Current BCC Approved Amount: Revised CoDtractlWork Order Amount: S 21.922.15 S 65~.sS7 .58 (fnc1udiDg 'Ibit ~ Order) Cumulative DoBar Value of Cbanle5 to this ContrattIWork Order: S 21..912.15 .. ~ ,I Cbanae Amount: .. .:~ Date of Last ace Approval Mav 24. 2005 Agenda Item" 168-20 .. ~ge of the change overlunder current contract amount 3.470/0 Formula: (Current Amount' Last Bee approved amount)-1 .' Results and Actions: If the change exceeds 10% BCC approval is required; under ..1~~ reported to ace on Purchasing report. For specific information regarding work order thresholds. pl~ refer to the Contract Administration Procedures, Section 11I.0.4. CURRENT COMPLETION DATE (S):ORlGINAL: November 16. 20QS CURRENT:." November if. 2005 SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Chanae Order for additional soli. remove exlstlna Davers. switchina Irrlaatlon heads and valves. JUSTIFICATION FOR CHANGE (5): What value or benefit do these change_' provide to the project'i A d I nal soil to meet crownln avers not shown as n I the nd i Ion heads and valves are being Cha:d to more safe and efficient ones. PARTIES CONTACTED REGARDING. THE CHANGE: .BobPetBrsen. R----!r Dick. Dale Hannula. Gall Boorman. Gloria Herrera. Abonda Rembert Diane Flaaa. Norman Feder. and Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or NlA) _ Y_ proposed change iaconaistent with the scope of the existing agreement _ Y _ Proposed change Is In fact an addition or deletion to the existing scope ; "..j _ Y_ Change is being implemented in a manner consistent with the existing agreement:- ,: _ Y_ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: Date: Date: Agenda Item No. 16F1F August 9, 2005 Page 41 of 48 CONTRACTIWORK ORDER MODIACA TION CHECKLIST FORM Agenda Item No. 16F1 September 13, 2005 Page 81 O~\1 Road to Davis Blvd. PROJECT NAME: 16" Reclaimed Water System Interconnect from Radio PROJECT #: 74035 BIDIRFP #: 04-3679 MOD #: 1 DEPARTMENT: PUED POI: 4500040989 WORK ORDER I: NlA Original Contract Amount: $ 891.225.00 (Starting Point) Current BeC Approved Amount: $ 891.225.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 891.225.00 (Including All Changes Prior To This Modification) Change Amount: $ 30.250.00 Revised ContractIWork Order Amount: $ 921.475.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 30.250.00 Date of last Bee Approval October 26. 2004 Agenda Item # 16-C-2 Percentage of the change over/under current contract amount 3.39 % Formula~ (Current Amount / Last sec approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BeC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAl: Julv 22.2005 CURRENT: October 20. 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. 1. Extend the length of directional drill bX 110 feet and reduce the length of open cut by 110 feet. 2. Increase the Contract time by 90 days. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? 1. Allows oipe to be installed without damage to the pavement or curb and outter of Davis Blvd. 2. Time needed to acouire additional easements that were needed to complete the project when exist/no underoround utilities prevented completion as designed. PARTIES CONTACTED REGARDING THE CHANGE: Contractor. Desion Professional. Interim Wastewater Director. Purchasino Department. and PUED Director. IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) -L Proposed change is consistent with the scope of the existing agreement -L Proposed change is in fact an addition or deletion to the existing scope -L Change is being implemented in a manner consistent with the existing agreement -L The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth in the change are reasonable (Bid prices were used). Revised 4/25/2005 Agenda Item No. 16F1 F August9,2005 Page 42 of 48 6" ,'. '" REVIEWED BY: Revised 4/2512005 Date: "'7 - :::2. 9 - 17$ Date: 1-~ '1-05 Agenda Item No. 16F1F August 9, 2005 Page 43 of 48 ..- L() ..- LLO!rJ C.DO~ ",,-:N_16 OMM Z"-CO EwQ.) Q.)..a OJ -Ecu ~Q.)CL -015.. cQ.) ~U) o::x: c '" &~l! ....C::lO ....!()~ () E 0 ,g~ II) o o N i ::I CII ~ ii '" C ., "-'0 CIIC11," ,#-C'CO IIIO..ll! .cE," ()o~ 01:: -e s 1!I II) = S '0 S C ~ a. .. Ill" 'R'DC ii5 0 ~ i~~ It~.,. o ~ .. 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G.~ .SI~fP.#: 0-3r3'l MOD#: CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM I!S. tI~J"".b PROJECT#: 70/;2'/-1 I ,. I POi: L{~otrJ;:J~:Sf WORKORDER#: CDP/--FT-()tf-Ol Agenda Item No. 16F~ September 13, 200 Page 84 of 151 DEPARTMENT: Current Contract Amount: c;O $ 1;lO. 6-=tb. - (Starting Point) ca:::> $ l~ 6lf6. ~ (l..asl Total Amount Approved by the BCe) $ 1:>'0.6'('. ~ (Including }.n Changes Prior To This Modification) Original Contract Amount: Current BCC Appro'fed Amount: Change Amount: $ 0 co $ .1~Yf'.- (Includini This Change Order) Cumulative DoUar Value of Changes to this ContractIW ork Order: $ 0 Revised ContractIWork Order Amount: Date of Last BCe Approval 1;1//6.;63 Agenda Item # J' (c) IS- "ercentage of the change over/under current contract amount 0 % Formula: (Current Amount I Last BCC approvedamount}-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAl: 6Mrf CURRENT: y{~.# SUMMARY OF PROPOSED CHANGE (S): Identify the changes. AlJp.~o 1t,,1 l>f Work. Di(~c.t;V'e , -1:.-0 b~ IASsi~"e.d utN:\e.... AUH::i,,~{ .services. I JUSTIFICATIO .FQRPHANGE (S): What yalutl or ben!iJflt do these changes p'rovideto the pro'ect?l ). Cka.,... .f: Y\ c..o tJ....\JI'\ Ad I .. ~ Wo <'- roe<<"" J vJ I t'^ ~ c.: . C> W .... 0 PARTIES CONTACTED REGARDING THE CHANGE: Y\1: W r" C/J. 5t LA C IMPLEMENTATION STEPS Verify Ncll before pro ing with change using Y, N or NlA) ..1 Proposed change Is consistent with the scope of the existing agreement lproposed change is In fact an addition or deletion to the existing scope Cha.nge is being implemen tad in a manner consiS. tent with the existing agreement {.f.,-tkr The appropriate parties have been consulted regarding the change H Proposed pricss, fees and costs set forth in the change are reasonable re.+t~'1e1V. , (jt?"1ltf It"JfP1 ... Agenda Item No. 16F1 F August 9,2005 Page 45 of 48 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: trlC/<.wTfl 5GfJ)1t lAf~rCrd~ PRqJECT #: 700c;4~ Contt"'Ac.t tJ 31/8.1 .-..14 L -BIE)/RFP #: ;3- T MOD #: ~' POI: I1SP,tJ1) ;;0773 WORK ORDER #: cPrR-FT -0'1-01 Agenda Item NC71.aF1 September 1 noD5 Page 85 of 151 OEPARTMENn fUE]) Original Contract Amount: c?O $ ~4 gSO. - (Starting ~oint) ,,0 $ 6.;2) 963. - (Last ToW' Amount Approved by the BCC) e>CO' $ b~"3. Cf63. -- (lncluding An Changes Prior To This Modification) Current BCC Approved Amount: Current Contract Amount: Change Amount: $ 0 !:!2- Revised ContractIWork Order Amount: $ 6;2 3, C(6.3 I (Including This Change Order) 00 Cumulative Dollar Value of Changes to this ContractIWork Order: $ S3'fJ' 13 ' Date of Last Bee Approval t.//I3/btf Agenda Item # lb lC) Percentage of the change overfunder current contract amount 0 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: l;;:l/b/o~ CURRENT: y;'6~b . Agenda Item No. 16F1 F August9,2005 Page 45 of 48 ... .. Agenda Item No. 16F1 September 13, ?g05 Page 86 of )51 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Four (4) C.A. T. Bus Shelter PROJECT #: 61010 BIDIRFP *: 04 - 3614 MOD #: 1 PO # : 4S000458S7 WORK ORDER # : TW-MA - 05 . 20 DEPARTMENT: Transportation ATM Original Contract Amount: $ 7,530.00 (starting Point) $7}AO.80 N/A pi!.-> -- (Last Total Amount Approved by the BCC) Current BeC Approved Amount: Current Contract Amount: $7,530.00 (Including All Changes Prior To This Modification) Change Amount: $ 285.00 Revised ContractlWork Order Amount: $ 7,815.00 (Including This Change Onier) Cumulative Dollar Valne of Changes to this ContradlWork Order: $ ~H'. 'J.!KGco PI!- Date of Last BCC Approval: N.A. Agenda Item it : N.A. Percentage of the change over/under current contract amount 3.78% Formula: (CUrrent Amount I Last BCe approved amount)-1 Results and Actions: If the change exceeds 100k BCC approval is required: under 10% reported to BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section 11I.0.4. CURRENT COMPLETION DATE (S):ORIGINAL: 322 Days - (PO Issuance Date May 19, 2005, Notice to Proceed Date May 27,2005 to April 13. 2006) CURRENT: 322 Days - (PO Issuance Date May 19, 2005, Notice to Proceed Date May 27,2005 to April 13, 2006) SUMMARY OF PROPOSED CHANGE (5): Identify the changes.' The Design Professional has been directed to stop work on the design of a C.A.T. Bus Shelter on US 41 south of 98th Ave. No. and redesign a C.A.T. Shelter south of 99th Ave. No. As a result of this change additional Fees wilt be incurred of $285 to complete the new site tasks in the Revised Scope of Services/Fee Matrix attached in McGee & Associates Transmittal Letter dated July 14, 2005. JUSTIFICATION FOR CHANGE (9): What value or benefit do these changes provide to the project? Purchasing Policies require that a Change Order to the Work Order with an accompanying Contract Modification Checklist Form to add costs for additional Scope of Services. Agenda Item No. 16F1F August 9,2005 Page 47 of 48 -. Agenda Item No_ 16F1 September 13, 2QQ)) Page 87 of 1~~ The Design Professional has indicated in their Transmittal dated July 14, 2005, (cop~ attached) that additional work is required to redesign a C.A.T. Shelter on US 41 south of 99 Ave. No. from its original specified location of south of 98th Ave. No. Diane Flagg has reviewed the additional Scope and has no objection. (See attached e-mail dated July 18, 2005 11 :34 AM. PARneS CONTACTED REGARDING THE CHANGE: Purchasing, ATM Director, and the Design Professional IMPLEMENTAnON STEPS (Verify each before proceeding with change using V, N or N/A) ~ Proposed change is consistent with the scope of the existing agreement Prpposed change is in fact an addition or deletion to-the.existing.scoP9__ . ... .. Y Change is being implemented in a manner consistent with the existing agreement ~ The appropriate parties have been consulted regarding the change .:i.. Proposed prices. fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDAnON: This form is to be signed and dated. APPROVEBY~ro~ ~: ;w/di..,,~~ REVIEWED BY: 'r n~ . Date: Contract Specialist · Revised 412512005 Agenda Item No. 16F1 F August 9, 2005 Page 48 of 48 Agenda Item No. 16F1 September 13, 2005 Page 88 of 151 EXECUTIVESU~Y Recommendation to Affirm the County's Participation in the Preferred Pricing Program Offered by Moody's Investors Service in order to receive a 40% Discount on Bond Rating Fees Objective: To minimize the cost of issuance for all County bonds transactions by participating in the Preferred Pricing Program (40% discount) offered by Moody's Investors Service. Considerations: Rating agencies review and rate the creditworthiness of all bonds issued by Collier County. This provides investors with independent evaluations of the revenue source securing the debt. For each bond issue Collier County requests ratings from at least two (and typically three) rating agencies. The principal firms providing these services to Collier County include Standard and Poor's, Moody's Investors Service, and Fitch Ratings. Moody's Investors Services offers a Preferred Pricing rating fee that is 40 percent below standard fees for issuer clients who meet the following requirements: . The issuer intends to have all future debt rated by Moody's. . The issuer has issued Moody's rated bonds or notes during the past 12 months. . All previously billed rating fees have been paid. Collier County meets all of the criteria outlined above. In addition, the first requirement above reflects that the county "intends" to have all future debt rated by Moody's; Moody's Investors Service has historically rated all Collier County bonds. As such, it is to the County's advantage to participate in the Preferred Pricing program to receive the 40% discount. This program was recommended to staff by the County's Financial Advisor. participation in the program was brought to the County Manager's attention on July 27, 2005. In order to take immediate advantage (see fiscal impact) of the 40% discount, an application to participate in the program was faxed to Moody's on July 27,2005. Approval of this program application by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, participation in this Preferred Pricing program shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Agenda Item No. 16F1 G August 9, 2005 Page 1 of 6 Agenda Item No. 16F1 September 13, 2005 Page 89 of 151 Fiscal Impact: As noted above, participants in the preferred pricing program receive a 40% discount from standard rating fees charged by Moody's Investors Service. The County's Financial Advisor contacted Moody's on behalf of staff and Moody's agreed to apply the 40% discount to the bond rating fee associated with the recently issued Series 2005 Gas tax Revenue Bonds. Therefore, the bond rating fee on the Series 2005 Gas Tax Revenue bonds was reduced from $40,000 to $24,000 thereby providing an immediate savings of$16,000 on the cost of issuing these bonds. Growth Management Impact: There is no growth management impact associated with this Executive Summary. Recommendation: That the Board of County Commissioners: 1. Affirms the County's participation in the Moody's Investors Service Preferred Pricing program for bond ratings on public debt transactions. Submitted by: Michael Smykowski, OMB Director Agenda Item No. 16F1G August 9, 2005 Page 2 of 6 Agenda Item No. 16F1 September 13. 2005 Page 90 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F1G Meeting Date: To minimize the cost of issuance for all County bonds transactions by participating in the Preferred Pricing Program (40% discount) offered by Moody's Investors Service, 8/9/2005 9:00:00 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 8/5/2005 4:50 PM Approved By James V. Mudd County Manager Date Board of Cou nty Commissioners County Manager's Office 8/8/2005 9:35 AM Agenda Item No. 16F1G August 9, 2005 Page 3 of 6 Agenda Item No. 16F1 September 13, 2005 Page 91 of 151 ~ t~, - Moody's Investors Service 99 Church Street New York, NY 10007 212-553-0300 Moody's Application for Preferred Pricino Moody's Investors Service values our clients who request our Municipal Bond Ratings for all of their public debt transactions. Therefore we are pleased to offer a Preferred Pricing rating fee schedule that is 40 percent below standard fees for issuer clients who meet the following requirements: 1. Issuer intends to have al/ future debt rated by Moody's. 2. The issuer has issued Moody's rated bonds or notes during the past 12 months. 3. All previously billed rating fees have been paid. A preferred pricing client will continue to receive the 40% discount from standard rating fees as long as Moody's rates all the client's future debt issues and the client has at least one billable debt sale every 12 months. In addition, Preferred Pricing clients benefit from a waiver of fees for a Moody's Issuer Rating or a Moody's rating on any Bond Anticipation Note. It is understood that Moody's ratings are subject to revision or withdrawal by Moody's at any time, if any information (or lack of information) warrants such action, in the soJe opinion of Moody's. Moody's does not guarantee the correctness of any information, rating, or communication relating to the undersigned. Moody's shall not be liable to the undersigned for any loss or injury caused, in whole or in part, by any negligence on the part of, or any contingency beyond the control of, Moody's, or any of its employees or agents, in the procuring, compilation, analysis interpretation, communication, dissemination or delivery of any information or rating relating the undersigned. The undersigned agrees to pay a fee for all public debt transactions in accordance with the Preferred Pricing schedule on the reverse of this application. Issuer Name: Callier County Government Issuer RepresentativefTitle: JAMES V. MUDD. COUNTY MANAGER Address: 3301 Tamiami Trail East City: Naples State: FL Zip Code:34112 Telephone: 239-774-B3~~ ~;Number: (239) 774-4010 Signature-:..../ ~Date: July 27. 2005 Agenda Item No. 16F1G August 9, 2005 Page 4 of 6 ... . Agenda Item No. 16F1 September 13, 2005 Page 92 of 151 -Moody's Public Finance Group ...005 Rating Fee Schedule General Obligation Bonds, Revenue Bonds and Special Tax Bonds Page 10f2 Moody's rating fees are shown in the schedule below. Initial fees for Long Term Fixed Rate transactions are as follow! . GENERAL OBLIGATION BONDS REVENUE, LEASE & SPECIAL TAX BONDS PREFERRED PREFERRED ISSUE STANDARD PRICING ISSUE STANDARD PRICING SIZE FEE FEE. SIZE FEE FEE. Less than $1 miL" $4,375 $3,250 Less than $1 miI." $6,SOO $4,000 $1 mil to 52.9 mil. 55,300 $3,250 $1 mil to $2.9 miL 56,800 54,000 53 mil. to 54.9 mil. 56,500 54,000 $3 mil. to $4.9 mil. 56,800 54,000 $5 mil. to 59.9 mil 58,275 $5,000 $5 mil. to $9.9 mil 510,900 56,500 $10 mil. to $14.9 mil. $9,500 55,750 510 miL to 514.9 mil 512,000 57,250 .~$15 mil. to $19.9 mil. 510,600 $6,250 $15 mil. to 519.9 mil. $13,250 $8,000 10 miL to 524.9 mil. 512,SOO 57,500 520 mil. to $24.9 mil. $15,2SO 59,150 ...25 mil. to $34.9 mil. $14,150 $8,500 $25 mil. to $34.9 mil. 517,000 $10,2SO 535 mil. to 544.9 miL 515,7SO 59,450 535 miL to 544.9 mil. S19,OOO $11,500 S45 mil. to $54.9 miL $17,550 $10,550 545 mil. to $54.9 mil. S21,700 513,000 $55 mil. to 564.9 miL 519,500 $11,750 555 mil. to 564.9 miL 524,500 $14,750 $65 mil. to 574.9 miL $21,250 512,750 565 mil. to 574.9 mil. $27,000 516,250 $75 mil. to 584.9 miL 524,150 $14,SOO 575 mil.t 8 . \~.' '.~;.'~~!~>1Zaar ~5i"--<~.;'.'~if:' - 585 mil. to 599.9 mil. 528,350 517,000 l$85~Q1: ~1. ., ;,:~:~i;f~1J~~~~A: : iJ~~'~~~J"il'l;'(""~'" ',......"...olf. S100 mil. up to 51 bil. 3.25 Basis 60% of "S100 mil up to $I bU. 4.00 Basis Pts. to 60% of Pts. to a max Staodard a max of Standard of 585.000 Fee $120.000 Fee $1 bil. up to 52 bU. 5104,500 562,700 $1 bU. up to $2 bU. 5130,000 $78,000 $2 bi.. and over $126,500 575,900 52 bil. aod over 5150,000 . $90,000 Agenda Item No. 16F1G August9,2005 Page 5 of 6 ~... Agenda Item No. 16F1 September 13, 2005 Page 93 of 151 Moody's Public Finance Group 2005 Rating Fee Schedule General Obligation Bonds, Revenue Bonds and Special Funds Page 2 of2 Variable Rate I$sues: Initial and ann6al tees for Variable Rate issues are as follows: Initially: Additional $5000 added to the long term fees. Annual Fees (based on principal amount): Less than $5m $1,100 $5m - $9.9m $3,300 $10 and over $5,500 Amendments to existing variable rate transactions: $500 Applies to extensions of credit enhancement where applicable. $5,000 Applies to substitution of credit or liquidity enhancement $5,000 - S10,000 , Applies to conversions to fixed rate. Fee may vary according to issue size and complexity. $7,500 00 Applies to complex substitutions. (Le. when the replacement credit or liquidity enhancement creates a new security structure). $10,000 Applies to restructuring of security. Postponed/Canceled Sales The fee for an issue that has been assigned a rating and is subseqently canceled or postponed will be 60o/00fthat which would have been applicable had the issue sold The fee is payable at the time of cancellation or postponement If the issue sells within six months, the balance of the original fee will be invoiced. In-dfcativeRating Service __ ___ The fee for an issue that has been assigned a prelimary rating indicator will be 60010 of the standard fee. If an application for a public rating is received within one year of the assignement of the indicative rating, the indicative rating fee will be credited against the charges outlined on the current fee schedule. Preferred Pricing "'Preferred Pricing is applied only in circumstances where Moody's has rated an issue during the prior 12 months, all of the issuer's obligations are rated by Moody's or ifnot rated, the issuer has agreed that all future debt issues will be rated by Moody's, and there are no outstanding unpaid rating fees. Moody's normal BAN rating fees are waived for preferred pricing clients that issue Moody's rated debt (other than BANs) at least once each calendar year. If only BANs are issued in subsequent years, they will be billed at the preferred pricing fee. "Preferred Pricing clients issuing bonds in the amount of$5oo,000 or less would be charged $1,500. Complex Financings Moody's may charge an additional fee of up to S50,000 for certain types of complex financings. Please contact the Moody's manager responsible for your sector to discuss whether such complex deal fees apply to a planned financing. Rapid Turnaround Fee A fee of up to $5,000 may be charged at Moody's sole discretion if there is a request for expedient delivery of a rating. Moody's reserves the right to change rating fees without prior notification. Pooled financings, letters of credit and structured issues are not included in any of the above rates. AIl inquiries may be directed to Lucille Treglia or Michelle Bolino at (212) 553-4055. Agenda Item No. 16F1G August 9, 2005 Page 6 of 6 Agenda Item No. 16F1 September 13, 2005 Page 94 of 151 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve a Journal Entry Request to transfer funds in the amount of $2,405.01 from the General Fund (001) into the Transportation Disadvantaged Fund (126) for the sale of surplus vehicles. OBJECTIVE: To transfer funds from the General Fund (001) to the Transportation Disadvantaged Fund (126) for the sale of 2 surplus vehicles from the Cmmty Auction. CONSIDERATIONS: On April 9, 2005 the County held a surplus auction that included 2 vehicles that were purchased with grant funds under the Transportation Disadvantaged Program. Transportation was under the understanding that the proceeds from the sale would be returned to the Transportation Disadvantaged budget to be used towards the purchase of replacement vehicles. The executive summary that was presented to the BCC as a report on the gross revenue from the auction placed these funds in the Geneml Fund. This executive summary is to request approval of a journal entry to be processed by the Finance Department to move the proceeds from the Geneml Fund and place them in the Transportation Disadvantaged budget Fund (126). Approval of this journal entry by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this budget amendment shall not be enforceable against Collier County only to the extent authorized by law in the absence of such mtification by that Board. FISCAL IMP ACT: Approval of the journal entry is needed to move funds that were deposited into the General Fund (001) after the auction and put them in the Transportation Disadvantaged Fund (126) in the amount of $2,405.01. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners approve the journal entry by the Finance Department and authorize proceeds from future sales of Transit vehicles to be deposited within the Transit budget. Prepared By: Sharon Newman, Transportation Accounting Supervisor Attachments: (1) Certificate of Title for each vehicle, (2) FDOT E-mail on Release of Lien (3) Original Executive Summary allocating funds from the auction. Agenda Item No. 16F1 H August 9, 2005 Page 1 of 6 1 Item Number: Item Summary: Meeting Date: Agenda Item No. 16F1 September 13, 2005 Page 95 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1H Recommendation for the Board of County Commissioners to approve a budget amendment to transfer funds in the amount of $2,405.01 from the General Fund (001) into the Transportation Disadvantaged Fund (126) for the sale of surplus vehicles. 8/9/2005 900:00 AM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Administration 8/5/2005 10:35 AM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 8/5/2005 1 :26 PM Approved By Pamela J. Lulich Transportation Services Project Manager Date Alternative Transportation Modes 8/5/2005 1 :46 PM Approved By Lisa Hendrickson Transportation Services Management/Budget Analyst Date Alternative Transportation Modes 8/5/2005 2:23 PM Approved By Pat Lehnhard Transportation Services Executive Secretary Date Transportation Services Admin 8/5/2005 3: 26 PM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 8/5/2005 3:56 PM Approved By Diane B. Flagg Transportation Services Director of Alternative Transportation Modes A TM Director Date Alternative Transportation Modes 8/11/20053:34 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 8/16/20059:18 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 8/16/20057:25 PM Agenda Item No. 16F1H August 9, 2005 Page 2 of 6 Agenda Item No. 16F1 September 13, 2005 Page 96 of 151 EXECUTIVE SUMMARY Report to the Board of County Commissioners concerning the sale and transfer of items associated with the county surplus auction of April 9, 2005, resulting in $490,227.00 in gross revenues. OBJECTIVE: To present the results of the recent County property auction to the Board of County Commissioners for ratification. CONSIDERATION: On March 22, 2005, the Board of County Commissioners authorized staff to conduct an auction of specified County-owned assets for the purpose of disposing of these items and generating revenues for the County. Due to planned construction at the Govemment Center, the sale was conducted for the first time at the Collier County Fairgrounds. The April 9, 2005 audion generated $490,227.00 in adual gross revenues and $421,071.43 in net revenues (Le. revenues less expenses). The auctioneer's commission is $39,218.16. Surplus expenses, totaling $29,937.41, include rent and maintenance costs for the surplus storage unit, and gravel that was put down at the Collier County Fairgrounds. This auction included vehicles and office equipment. FISCAL IMPACT: All revenues have been deposited into and all expenses have been paid from the General Fund. Net revenues (remaining revenues after expenses) have been allocated as follows: DEPARTMENT FUND GROSS EXPENSES NET Solid Waste 470 $ 2,000.00 $ 282.14 $ 1,717.86 Public Utilities Division 408 $ 79,940.00 $ 11,277.01 $ 68,662.99 Airoort Authoritv 495 $ 5,419.75 $ 764.56 $ 4,655.19 General Fund 001 $ 402,867.25 $ 56,831.86 $ 346,035.39 TOTALS $ 490,227.00 $ 69,155.57 $ 421,071.43 GROWTH MANAGEMENT IMPACT: This will not affect the Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners accept and ratify the revenues for the County Auction held on April 9, 2005, pursuant to the itemized sales report attached herein. PREPARED BY: Sue Hebbe, Purchasing Technician, Purchasing Department Agenda Item No. 16F1H August 9, 2005 Page 3 of 6 newman s - Agenda Item No. 16F1 September 13, 2005 Page 97 of 151 From: Sent: To: Cc: Subject: richard .shine@dot.state.fI.us Tuesday, June 28,20051:58 PM newman_s HendricksonLisa Collier County: FOOT Vehicle Inventory Control Numbers 181049 and 181050 - Release of Certificates of Title Ms. Newman, According to Department records maintained at the Central Office in Tallahassee: Vehiel~ 191049 h~ct it~ ~icn relea5ed on Decemb@r 9, 2003. Vehicle 181050 had its lien released on December 17, 2001. Please be certain to match the Department's Vehicle Inventory Control Numbers to the Vehicle Identification Numbers (VlN) to ensure all records are consistent and correct. As I mentioned when we spoke this morning, the Certificates of Title the Department released to Collier County show the signature of the person who signed for the Department to release the liens, and the dates of his or her having done so. Sincerely, Richard P. Shine Florida Department of Transportation, District One Modal Development Office / Public Transit South West Urban Area Office Post Office Box 1030 Fort Myers, Florida 33902-1030 Telephone: 239-461-4300 / SunCom 741-4300 / FAX: 239-338-2353 E/mail: Richard.Shine@dot.state.fl.us Public transportation program management for, and Local Coordinating Board for the Transportation Disadvantaged member in, Charlotte, Collier, DeSoto, Glades, Hendry, and Lee Counties. Rural Transit Advisory Program / Florida Vehicle Procurement Program / Federal Transit Administration Section 5310 (Transportation for the Elderly and Persons with Disabilities Program). 1 Agenda Item No. 16F1H August 9, 2005 Page 4 of 6 ,------..~""'.~-~_.. ,~.,,'...._. > --'"" ..~...,.I.-'~ .-.".,...-. .. Agenda.ltem.No. .16F1 September 13, 2005 Page 98 of 151 {q 00 ~ ( ~ """ Agenda Item No. 16F1 H August9,2005 Page 5 of 6 t bOObb l!) to .....~ -. I Agenda Item No. 16F1 September 13, 2005 Page 100 of 151 Summary of Executive Summaries Approved in the Board's Absence for 8/23/2005 16F11. Recommend Approval of Work Order #HM-FT -05-06 to Contract #01- 3271 with Humiston & Moore for Hideaway Beach Post Construction Surveys, Initial Post Construction Monitoring Survey, Record Drawings and Final Certification Project 90502 for the amount of $77,633, and approve a Budget Amendment of $250,000 for the Humiston and Moore post construction work. 16F1J. Approval of budget amendments 05-509 16F1 K. To provide funding for restoration and exhibit development at the Naples Depot. 16F1 L. Recommendation to award Bid No. 05-3878 Eagle Lakes Community Park Phase II Interactive Water Feature to Bradanna, Inc. in the amount of $264,946. ,,,>"".t, 16F1 M. Recommendation to approve two Work Orders under Contract #00- 3119, Fixed Term Contract for Professional Utilities Engineering Services, with Greeley & Hansen LLC for the 2005 Water and Wastewater Master Plans Updates, and include funding for Rate and Impact Fee Studies, Project Numbers 70070, 75007, and 73066, in the total amount of $345,106; and four Budget Amendments in the total amount of $345,106. 16F1 N. Recommendation to approve a Budget Amendment transferring a total amount of $111,923.53 into two (2) ongoing Stormwater projects; $15,000.00 for the County Wide Swale Improvements (Project No. 510071) and $96,923.53 for the Wiggins Pass Outfall project (Project No. 512122). 16F10. Recommendation for the Board of County Commissioners to approve a budget amendment to transfer funding from the completed Goodlette Frank Road Project (PRR - VBR) 60134, to the Goodlette Frank Road Project (GGPKWY - Pompei Lane) 60005 Project in the amount of $1,300,000. 16F1 P. Recommendation to approve a Budget Amendment to appropriate Building Maintenance Special Service and Insurance Refund revenues totaling $78,000 and Security Special Service revenues totaling $25,000 for reimbursement of personal and operating expenses in Fiscal Year 2005. 16F1 Q. Recommendation to approve the Release and Satisfaction of Lien for the following Code Enforcement action; Color Communications, Inc.; CEB 2004-64. ,f"......i. Agenda Item No. 16F1 September 13, 2005 Page 101 of 151 16F1 R. Recommendation to approve the use of transit enhancement funds (313) to purchase a heavy-duty transit bus under Florida Public Transportation Association/Harline contract 2003-07-01, trolley decal wrap and necessary equipment (in the estimated amount of $286,500). 16F1 S. Recommendation to approve sole source purchase of ResQPOD Circulatory Enhancer in the amount of $35,600.00. 16F1T. That the Board Approve an Agreed Order and Authorize Payment of Expert Fees in the Lawsuit Styled Collier County v. GJR of Naples, Inc., et aI., Case No. 02-2212-CA, Immokalee Road Project #60018). (Fiscal Impact: $7,700.00). ~ ...-' ",..,....... ,l....,.'-.. Agenda Item No. 16F1 September 13, 2005 Page 102 of 151 EXECUTIVE SUMMARY Recommend Approval of Work Order #HM-FT-05-06 to Contract #01-3271 with Humiston & Moore for Hideaway Beach Post Construction Surveys, Initial Post Construction Monitoring Survey, Record Drawings and Final Certification Project 90502 for the amount of $77,633, and approve a Budget Amendment of $250,000 for the Humiston and Moore post construction surveys and to provide funds for potential claims from Marine Contracting Group. Additional revenue from Hideaway Beach Homeowners Association will offset these budget increases. OBJECTIVE: Approve post construction monitoring as required by Florida Department of Environmental Protection (FDEP) permit at Hideaway Beach and a Budget Amendment that funds the post construction monitoring and provides funds for anticipated claims from Marine Contracting Group, the structures contractor for the Hideaway Beach re-nourishment project. CONSIDERATIONS: Approval of Work Order #HT-FT-05-06 for $77,633 is required as a condition of the FDEP permit. A seagrass survey is specified in August 05 and then again in September 05 before the normally occurring annual seagrass die-off in the fall. This die-off is controlling the timing of this request. The CAC has approved this Work Order in it's August 11, 2005 meeting. The balance of the requested funds of $172,367 will be available for potential claims anticipated by Marine Contracting Group for additional work performed during turtle season and delays beyond their control. These potential claims will be presented to the CAC, TDC and BCC for review and approval when staff is ready to present its recommendations. Authorization of this Budget Amendment only provides the availability of the funds once approved by the commissioners. Additional revenue from Hideaway Beach Homeowners Association will offset these budget increases. Based on final costs, which will be available in 90 days, the Homeowners Association contribution is expected to be in excess of $2,800,000. This represents and increase of approximately $200,000 over the previously projected amounts. The TDC will be reviewing this item at their August 22, 2005 meeting and the budget amendment will be reviewed by the CAC on September 8, 2005. Approval of this work order and budget amendment by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this work order and budget amendment shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Agenda Item No. 16F11 August 23, 2005 Page 1 of 7 -, Agenda Item No. 16F1 September 13, 2005 Page 103 of 151 ADVISORY COMMITTEE RECOMMENDATIONS: Coastal Advisory Committee: On August 11, 2005 the CAC recommended 8/0 approval of Work Order HM-FT -05-06 COUNTY ATTORNEY FINDING: NI A FISCAL IMP ACT: Funds will be provided from the 195 Fund. The closing of approximately 11 projects prior to the end of FY 05 will remit approximately $750,000 back into reserves. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Approve Work Order #HM-FT-05-06 to Contract #01-3271 with Humiston & Moore for Hideaway Beach Post and the Budget Amendment for $250,000, and authorize the Tourism Director to execute the Work Order. PREPARED BY: Gary McAlpin, Coastal Project Manager Agenda Item No. 16F11 August 23, 2005 Page 2 of 7 Agenda Item No. 16F1 September 13, 2005 Page 104 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F11 Recommend Approval of Work Order #HM-FT-05-06 to Contract #01-3271 with Humiston & Moore for Hideaway Beach Post Construction Surveys, Initial Post Construction Monitoring Survey, Record Drawings and Final Certification Project 90502 for the amount of $77,633, and approve a Budget Amendment of $250,000 for the Humiston and Moore post construction work Meeting Date: 81231200590000 AM Prepared By Gary McAlpin Costal Project Manager Date County Manager's Office Tourism 8/1912006 1 :31: 04 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 8119/2005 1 :46 PM Approved By Gary McAlpin Costal Project Manager Date County Manager's Office Tourism 8/19/2006 1 :67 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 8/23120068:24 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 8/23/2005 12:00 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 8/26/200510:14 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 8/2612005 11 :02 AM Agenda Item No. 16F11 August23,2005 Page 3 of 7 Agenda Item No. 16Fl September 13.2005 Page 105 of 151 WORK ORDER # HM-FT05-06 Agreement for Fixed Term Professional Engineering Services Dated: November 13,2001 (Contract #01-3271) This Work Order is for professional engineering services for work known as: Hideaway Beach Post Construction Surveys, Initial Post Construction Monitoring Survey, Record Drawings, and Final Certification In accordance with Terms and Conditions of the Agreement referenced above, Work Order # HM- FT05-06 is assigned to: Humiston & Moore Engineers Scope of Work: Services as directed by Collier County staff, to include * Task I * Task II * Task III * Task IV * Task V - Post construction survey of the grass beds - Post construction survey of the borrow area -Conduct first post construction monitoring survey -Post construction report and record drawings -Presentations Meetings Schedule of Work: Complete work within 60 days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with Fixed Term Contract Rate Schedule on a Time & Material rate. Task I Task II Task III Task IV Task V $10,765.00 $ 8,252.00 $ 32,612.00 $ 23,504.00 2,500.00 TOT AL FEE $77,633.00 Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: Gary McAlpin, Senior Project Manager Tourism Department Date APPROVED BY: Gary McAlpin, Senior Project Manager Tourism Department Date APPROVED BY: Jack Wert, Director Tourism Department Date ACCEPTED BY: Humiston & Moore Signature of Authorized Company Officer Kenneth K. Humiston, President Date Type or Print Name and Title Agenda Item No. 16F11 August 23, 2005 Page 4 of 7 HUMISTON & MOORE ENGINEERS Agenda Item No. 16F1 September 13, 2005 Page 106 of 151 COASTAL ENGINEERING DESIGN AND PERMITTING 5679 STRAND COURT NAPLES, FLORIDA 34110 FAX:239 594 2025 PHONE: 239 594 2021 August 2, 2005 Mr. Gary McAlpin Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, FL 34112 Re: Revised Proposal for Hideaway Beach Post Construction Surveys, Initial Post Construction Monitoring Survey, Record Drawings, and Final Certification, H&M File No. 15028 Dear Gary: As requested, we are providing this revised proposal for assisting the county with post construction surveys, final certification, and fulfillment of regulatory requirements. This revision makes this entire proposal for services on a Time & Materials basis. The budgets for these tasks may therefore be considered as not-to-exceed amounts with the understanding that in the event regulatory requirements, construction delays, or requests from County staff result in costs above these budget amounts, a budget amendment will be requested. The scope of work under this proposal is as follows: I. Additional Services 1. Conduct a post construction survey of the grass beds which were documented during the preconstruction period, as required by regulatory agencies. This item consists of two surveys, one to be conducted in August and one in September/October. This task includes preparation of a report evaluating effects the project may have had on grass beds through comparison of preconstruction and post construction conditions. Time & Materials Budget...................$ 10,765 2. Conduct a post construction survey of the borrow area consisting of 32 offshore profiles consistent with the preconstruction survey for the purpose of documenting excavated quantities and any related changes in adjacent shoal configuration. This data will be used as a baseline against which shoal recovery will be measured during subsequent monitoring events as required by the regulatory agencies. Time & Materials Budget...................$ 8,252 3. Conduct the first post construction monitoring survey to establish the basis of comparison for followup monitoring consistent with the monitoring plan approved by the Department of Environmental Protection. This scope of work consists of 70 upland and offshore profiles plus an additional 16 offshore profiles. Time & Materials Budget...................$ 32,612 Page 1 of 2 Agenda Item No. 16F11 August 23, 2005 Page 5 of 7 Agenda Item No. 16F1 September 13, 2005 Page 107 of 151 4. Post Construction Report and Record Drawings. This task includes preparation of a post construction report as required by the regulatory agencies, documenting post construction conditions in comparison to preconstruction conditions and computation of quantities placed on the beach as well as quantities removed from the borrow area, utilizing pay quantity surveys completed by weeks Marine as well as post-construction monitoring surveys, submittal of the required Certification of Completion to DEP, and preparation of a set of record drawings of post-construction conditions as documented by the post construction survey. Time & Materials Budget...................$ 23,504 5. Making presentations or attendance at meetings as may be requested by county staff. Time & Materials Budget...................$ 2,500 Total amount of Proposal..................$ 77,633 Please note that the basic services costs are approximately 62% sub consultant services for surveying and data collection and 38% H&M professional services for coordinating sub consultant activities, processing data, computation of quantities, and preparation of documents for submittal to the regulatory agencies. As indicated above, the Additional Services tasks will be billed on a time and materials basis. The budgets for these tasks may therefore be considered as not-to-exceed amounts with the understanding that in the even' regulatory requirements, construction delays, or requests from County staff result in costs above these budget amounts, a budget amendment will be requested. Sincerely yours, HUMISTON & MOORE ENGINEERS /< e-,. #,~;1-;n /~ ~ Kenneth K. Humiston, P.E. Page 2 of 2 Agenda Item No. 16F11 August 23, 2005 Page 6 of 7 Agenda Item No. 16F1 September 13, 2005 Page 108 of 151 Hideaway Beach Post Construction Survey - Grass beds & borrow area Initial Post Construction Monitoring Survey Record Drawings & Final Certification Presentation or attendance at meetings Submitted as an attachment to Revised proposal dated 8/2/5 RATE/UNIT HOURS/QTY COST HOURS AMOUNT PRINCIPLE ENGINEER. PE $ 154.00 61 $ 9,394.00 PROJECT MANAGER/SENIOR ENGINEER $ 103.00 49 $ 5,047.00 ENGINEER II $ 82.00 60 $ 4,920.00 ENGINEER I $ 72.00 46 $ 3,312.00 SENIOR TECHNICIAN $ 57.00 56 $ 3,192.00 TECHNICIAN $ 46.00 81 $ 3,726.00 ADMINISTRATIVE ASSISTANT $ 51.00 14 $ 714.00 PLOTTING, BOND $ 25.00 16 $ 400.00 PLOTTING. VELLUM $ 10.00 10 $ 100.00 Passarella $ 6,600.00 1.00 6,600.00 0.00% $ 6.600.00 D&W $ 2,000.00 1.00 2,000.00 0.00% $ 2.000.00 Sea Diversified $ 38,228.00 1.00 38,228.00 0.00% $ 38,228.00 EXPENSE 0.00 0.00% $ Estimated Budget $ 77,633.00 Agenda Item No. 16F11 August 23, 2005 Page 7 of 7 Agenda Item No. 16F1 September 13, 2005 Page 109 of 151 APPROVAL OF BUDGET AMENDMENT Bee Absentia Agenda or August 23, 2005 Transportation Services (101) Budget Amendment #05-509 Operating Expenses Fleet Expenses $3,000 Reserves Reserve for Contingency ($3,000) -0- Total Explanation: Funds are needed to cover Fleet fuel expenses due to escalating fuel costs. Prepared by: Barbetta Hutchinson, Executive Secretary, OMB Page 1 of 1 Agenda Item No. 16F1 J August 23, 2005 Page 1 of 2 Agenda Item No. 16F1 September 13. 2005 Page 11 0 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 16F1J Approval of budget amendments 05-509 8/23120059:00:00 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 8/23/2006 12:68 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 8/24/2006 2:49 PM Agenda Item No. 16F1J August 23, 2005 Page 2 of 2 Agenda Item No. 16F1 September 13, 2005 Page1110f151 EXECUTIVE SUMMARY Recommendation to approve budget amendments to recognizing and appropriating additional tourist development tax revenue and reduce carryforward for the Collier County Museum OBJECTIVE: To provide funding for restoration and exhibit development at the Naples Depot. CONSIDERATIONS: On April 12, 2005, the Board of County Commissioners approved Ordinance 2005-18 increasing the Tourist Development Tax allocation to County owned or operated museums from 19% to 22% of the 2% Tourist Development tax. This change was approved to provide funding for operations and the required improvements at the Naples Depot Museum. Ordinance 2005-18 became effective April 18, 2005, the date it was filed with Florida Secretary of State's Office. The additional revenue allocated to County museums for the remainder of FY 05 is forecast to be $134,000 for an annual FY 05 total of $1,335,600. A budget amendment is required to recognize and appropriate the additional $134,000 in projected Tourist Development tax revenue. There is also $263,858 available to the County Museum resulting from additional Tourist Development tax revenue received in FY 04. A budget amendment is required to transfer this revenue from the TDC Museum category Fund (193) to the County Museum Fund (198). The FY 05 budgeted carryforward was overstated by $34,400 due to FY 04 expenditures being greater than forecast during the FY 05 budget development cycle. A budget amendment is required to reduce carryforward from $60,200 to $25,800. The adjusted carryforward and additional Tourist Development tax revenue for FY 05 was included in the County Museum's budget request presented to the Board of County Commissioners during the budget workshops held June 15 & 16,2005. Approval of these budget amendments by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, these budget amendments shall not be enforceable against Collier County only to the extent of the extent authorized by law in the absence of such ratification by the Board. FISCAL IMP ACT: Approving the attached budget amendments will increase the County Museum budget (Fund 198) a net amount of $356,758. GROWTH MANAGEMENT IMPACT: None. Agenda Item No. 16F1K August 23, 2005 Page 1 of 3 Agenda Item No. 16F1 September 13, 2005 Page 112 of151 RECOMMENDATION: That the Board of County Commissioners ratifies the County Managers approval of the attached budget amendments for the Collier County Museum. Prepared by: Gary Vincent, Budget Analystt Office of Management & Budget ." Agenda Item No. 16F1K August23,2005 Page 2 of 3 Agenda Item No. 16F1 September 13, 2005 Page113of151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 16F1K To provide funding for restoration and exhibit development at the Naples Depot. 8/23/20059:0000 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 8/31/20052:38 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 8/31/2005 3 :59 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/31/20054:16 PM Agenda Item No. 16F1K August 23, 2005 Page 3 of 3 Agenda Item No. 16F1 September 13, 2005 Page 114 of 151 EXECUTIVE SUMMARY Recommendation to award Bid No. 05.3878 Eagle Lakes Community Park Phase II "Interactive Water Feature" to Bradanna, Inc. in the amount of $264,946 Obiective: To make scheduled capital improvements to park facilities within budgetary constraints. Considerations: Phase II Improvements to Eagles Lakes Community Park include construction of two tennis courts, two pavilions, and one interactive water feature; moderate renovations/improvements to existing rest room facilities; the installation of a new concrete sidewalk from the park entrance; construction of a new 3000 sq. ft. metal maintenance building (including fire main extent ion to the new structure); and moderate landscaping improvements. At its July 27, 2005 meeting, the Board of County Commissioners rejected Bid No. 05- 3824 for Phase II Improvements to Eagle Lakes Community Park, due to the fact that the sole bid received far exceeded budgeted funds for the project (Item 10K). Staff proposed to revise the scope of work of the project and either reissue invitations to bid or use vendors on continuing contract to accomplish the most pressing elements of Phase II within budgetary constraints. Item 10K also authorized the County Manager to award a contract in an amount not to exceed $300,000 for construction of the interactive water feature in the BCC's absence in August. Following that proposed course of action, invitations to bid on the interactive water feature portion of the project were sent to 220 vendors. Bid documents stated that the engineer's estimate for the project was $130,000. Bradanna, Inc. was the sole bidder at $264,946. In order for this project to move forward on a timely basis, staff recommends awarding the bid to Bradanna, Inc. as the lowest qualified responsive bidder. Approval of this award by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this award shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Fiscal Impact: Funds are available within the Eagle Lakes Community Park Phase II Improvements Project (80014) in the Unincorporated Community and Regional Park Impact Fee Fund (346). Growth Manaaement Impact: The value of the improved facility will be inventoried in the Growth Management Plan. Agenda Item No. 16F1 L August 23, 2005 Page 1 of 4 Agenda Item No. 16F1 September 13. 2005 Page 115 of 151 Recommendation: That the Board of County Commissioners awards Bid No. 05-3878 Eagle Lakes Community Park Phase II "Interactive Water Feature" to Bradanna, Inc. in the amount of$264,946. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation Agenda Item No. 16F1L August23,2005 Page 2 of 4 Agenda Item No. 16F1 September 13. 2005 Page 116 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F1L Recommendation to award Bid No 05-3878 Eagle Lakes Community Park Phase II Interactive Water Feature to Bradanna, Inc. in the amount of $264.946 Meeting Date: 8/23/2005 9:00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 8/19/2006 9: 36 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 8/19/200610:61 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 8/19/20063:11 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 812212006 2:31 PM Approved By Wayne Boyer Director Date Public Services Parks and Recreation 8/22/2006 4:31 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Data Administrative Services Purchasing 812312005 8: 30 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 8123120069:02 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 8124/2005 10: 69 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 8/26/2006 10:20 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 81261200610:58 AM Agenda Item No. 16F1 L August 23, 2005 Page 3 of 4 ~L()~ .. u..o '0 <.0 0 CD ~N > , ,D'~ ~~ri CD g ~,C75 r; =: E. ~ CO Q) m -0-' ~ c::o.. tJ Q)Q) m OJ (j) c.. <( L.: CD I: Clm ~~ K ::!: CD I: _~ c.. o _ ,- I: 1:) .~ :: .5c..U II) I: o U l!? .a m l.l.. .... CD - m 3: CD > ts e .$ I: I CD II) m .c: c.. II) CD ~ m ..J CD Cl m l.U K CX) ,... CX) C") I It') o '0 ai I I I ! I I III I: I: III '0 ~ m I . I i It') o o N ll'i' ... 1ii :;, Cl :;, <( i1) :;, o I cl I el, Q) U). .cl Q), ",cc g>>1.2 :8 :c ItS III .2IS 6i ulII) oCt I .e C =1 - 0 > .! u u: C_ Q)'; S =1'- .- ~.~ ~..: Ol~! cllll ~ en :c ! .~ =, C c:b '-1'- 0.'. U ! '0 ~.!! ~ S II)IW a;..~ ~II'O Q): ~ 0 C U,IQ) U,lll ... '0 '0 i. c:i -1llQ) 'E CI'llI C lll'- ~,>.~,i ~c UI.5 .- CD Cl OJ uS C!r'C l!iQ.'-W Q) I":; ~ '0 cC"CC _ Q) III I o o ~I 0) , ~ N 4R- I '0 iii Q) II) III II! ca - ~ : I i i I I 1 ! >->->->->->- .... CD '0 '0 ai , - '0' 0 CD i B ii~ ~ iii - .... 0 '1: ~ .fl ~ ~11:) ~.e.5~I<( tJ:;'1: ~ < lij 81'0 .! E::!:-e~m :;, ......(1)'0 '0 a; (I) CD I: II: 'I: - E "filo CD CD 0 CD I: CD 1':'0 ii - 1;5 CD '0 '0 .fa _ .... .- <e::!:..J(I)I-CD ..JL()'<!' "-0_ LLOO c.o C" ..- Ol Z -' lJ UlQ... E::l Q)0l -,::l -;;< -0 c: Q) Ol < ... - o ... ! CD Cl m c.. I 1::: m .c: =E CD m I: '0 0 I: :: I I'~ i 'E> CD ~ ~'2 Clm 1:""') 'ii) iIi m II) ~ ~ :;,= c..:5: Agenda Item No. 16F1 September 13, 2005 Page 118 of 151 EXECUTIVE SUMMARY Recommendation to approve two Work Orders under Contract #00-3119, Fixed Term Contract for Professional Utilities Engineering Services, with Greeley & Hansen LLC for the 2005 Water and Wastewater Master Plans Updates, and include funding for Rate and Impact Fee Studies, Project Numbers 70070, 75007, and 73066, in the total amount of $345,106; and four Budget Amendments in the total amount of $345,106. OBJECTIVE: The public purpose is to posture the Collier County Water-Sewer District to meet water and wastewater utilities demands over the next 20 years; to stay in regulatory compliance; and to update the Water and Wastewater User Rates and Impact Fees. CONSIDERATIONS: The 2005 Water and Wastewater Master Plans Updates provide a sound- planning basis for an extensive capital improvement program. The Master Plans must reflect up- to-date planning of water and wastewater capital projects for the five and twenty year planning horizons. They are needed for updating the Capital Improvement Projects list and for creating the 2005 Annual Update and Inventory Report (AUIR). The high population growth rate in the County in the last few years makes this Master Plans Update necessary. New Water and Wastewater Plants, as well as wellfields that supply water to these Water Plants, plus distribution, collection and storage systems need to be on line and operational before the dates projected in the 2003 Water and Wastewater Master Plans Updates. Finally, the Master Plan Updates are needed for updating impact fees and user rates. The District will be addressing external financing needs in the spring of 2006. These needs will be addressed via the issuance of revenue bonds. The County Financial Adviser and Bond Counsel have advised staff that Bond Rating Agencies will look most favorably on recently updated user rates and impact fees when they address the financial strength of the utility. On July 26, 2005, the Board (BCe) rejected all proposals received under RFP #05-3813, "Professional Services to Develop County Water and Wastewater Master Plans, with Rate Structure and Impact Fee Studies." Staff subsequently commenced discussions with one of the firms under annual contract to perform the update work. On August 5, 2005, County Staff met with Greeley & Hansen (GH), the consultant that performed the last three updates to the Water and Wastewater Master Plans, to discuss the Master Plans Updating effort. On August 12, 2005, GH submitted a proposal of $279,906 for Water and Wastewater Master Plan Updating Work, a cost which is comparable to the cost for the 2003 Water and Wastewater Master Plans Updates despite increases in labor and administrative costs. . In July, 2005, PRMG, the County's User Rate and Impact Fee consultant, submitted a proposal with a total cost of $65,200 to perform the 2006 Water and Wastewater User Rates Studies and Impact Fees Analyses. Agenda Item No. 16F1 M August 23, 2005 Page 1 of 13 Agenda Item No. 16F1 September 13, 2005 Page 119 of 151 Staff has reviewed and approved the above costs, and determined them to be fair and reasonable based on staffs review of similar previous assignments in recent years and the recent negotiations under RFP #05-3813. The Master Plans are expected to be presented to the BCC for adoption in April 2006 followed by updates to the rates, impact and other special fees in May. In order to meet this deadline, Staff has requested advance approval "In Absentia" from the County Manager. The Purchasing Department and the County Clerk's Finance and Accounting Division have reviewed the information contained in this Executive Summary and the corresponding attachments. Approval of this Executive Summary by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this Executive Summary shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: The Water Master Plan Update will be funded 50% from Fund 411 (Water Impact Fee) and 50% from Fund 412 (Water User Fee). The Wastewater Master Plan Update will likewise be funded 50/50 from Funds 413 and 414. In order to accomplish this, two new projects will be created - 750071 in Fund 412 and 750072 in Fund 414. PRMG's Rate and Impact Fee Proposal shows that more funds are needed to perform Water and Wastewater User Rate Studies than Water and Wastewater Impact Fee Studies. A Budget Amendment is required to transfer funds from Fund 411 (Water Impact Fee) Reserves to Fund 411 Project 700703 in the amount of $84,601.00. A Budget Amendment is required to transfer funds from Fund 412 (Water User Fee) Reserves to Fund 412 Project 750071 in the amount of$91,200.00. A Budget Amendment is required to transfer funds from Fund 413 (Wastewater Impact Fee) Reserves to Fund 413 Project 730663 in the amount of$81,353.00. A Budget Amendment is required to transfer funds from Fund 414 (Wastewater User Fee) Reserves to Fund 414 Project 750072 in the amount of$87,952.00. . GROWTH MANAGEMENT IMPACT: This project is consistent with the 2003 Water and Wastewater Master Plan Updates adopted by the BCC on May 25, 2004 as Agenda Items 10(D) and 10(C), respectively, in that a line item for a "Master Plan Update Project" is included in each adopted Master Plan. RECOMMENDATION: That the Board of Collier County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District: A) Authorize the County Manager, or his designee, to execute two work orders with GH for Utilities Engineering Services related to the updating of the Water and Wastewater Master Plans, in a total amount not to exceed $279,906, which includes an Additional Services Allowance in the amount of $24,548 Agenda Item No. 16F1 M August 23. 2005 Page2of13 Agenda Item No. 16F1 September 13, 2005 Page 120 of 151 B) Authorize the County Manager, or his designee, to execute work order(s) with PRMG to perform 2006 Rate and Impact Fee Studies in a total amount not to exceed $65,200 C) Approve four Budget Amendments as outlined in the "Fiscal Impact" Section above in the total amount of $345,106 to fund the Master Plans work orders and PRMG's User Rate and Impact Fee Studies. PREPARED BY: Paulus R. Kwa, P.E. Project Manager, Public Utilities Engineering Department Agenda Item No. 16F1M August 23. 2005 Page 3 of 13 Item Number: Item Summary: Meeting Date: Agenda Item No. 16F1 September 13. 2005 Page 121 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1M Recommendation to approve two Work Orders under Contract #00-3119, Fixed Term Contract for Professional Utilities Engineering Services, with Greeley & Hansen LLC for the 2005 Water and Wastewater Master Plans Updates. and include funding for Rate and Impact Fee Studies. Project Numbers 70070.75007. and 73066. in the total amount of $345,106; and four Budget Amendments in the total amount of $345,106. 8/23/2005900:00 AM Date Approved By Lyn Wood Administrative Services Purchasing Agent Purchasing 8/22/20054:56 PM Date Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing 8/23/2005 7:5~ AM Date Approved By Paul Mattausch Public Utilities Water Director Water 8/23/2005 8:01 AM Date Approved B)' Thomas Wides Public Utilities Operations Director Public Utilities Operations 8/25/2005 12:09 PM Date Approved B)' Porfirio E. Gramatges, P.E. Public Utilities Sr. Project Manager Public Utilities Engineering 8/25/2005 2:44 PM Approved By Roy B. Anderson. P.E. Public Utilities Public Utilities Engineering Director Date Public Utilities Engineering 8/26/2005 4;30 PM Interim WasteWater Director Date Approved By G. George Yilmaz Pubiic Utilities WasteWater 8/29/20069:53 AM Date Approved By James W. Delony Public Utilities Public Utilities Administrator Public Utilities Administration 8/291200512:19 PM Date Approved By OMS Coordinator Administrative Services Applications Analyst Information Technology 812912006 1 :54 PM Date Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget 8130/2005 5;00 PM Micheel Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 8/31/200510;46 AM Approved B)' James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 8131120052:37 PM Agenda Item No. 16F1M August 23. 2005 Page 4 of 13 ..-l.O"- u..Ol.O <.00..- ~- o N . N EW"- Q) J:l Ql .:::E~ ccQlo.. -0- c;Q. Q)Ql OJ(/) <t: . 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"" C"l "" 1l'l <i o Z W Cl < U U <D ro '0 c '" OJ < Agenda Item No. 16F1 September 13, 2005 Page 124 of 151 EXHIBIT A COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT Work Order #s GH-Ff -05-07 and GH-FT -05-08 2005 Water and Wastewater Master Plan Updates Scope of Services Greeley and Hansen LLC August 11, 2005 Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform engineering services for Collier County, herein referred to as COUNTY, associated with the development and preparation of the 2005 Water and Wastewater Master Plan Updates, herein referred to as the PROJECT, for COUNTY. This work order shall be completed in accordance with the terms of Contract 00-3119, herein referred to as CONTRACT. The deliverables for the PROJECT shall include a 5-year and 20-year water and wastewater Capital Improvement Program (CIP) and updated versions of the Collier County 2003 Water and Wastewater Master Plans, dated May 2004 (including the 2003 Water and Wastewater Master Plan Supplements, dated June 2005). The goals of the PROJECT are to update strategies developed in the 2003 Master Plan Updates, including updates to population, water demand and wastewater flow forecasts,S and 20-year CIP schedules, and maps to show updated projects. Updated hydraulic modeling results for water and wastewater systems shall be included with the PROJECT. Recommendations provided in the 2005 Water and Wastewater Master Plan Updates shall be based on making sure COUNTY has sufficient system capacity to meet estimated needs, and can provide water and wastewater utility services to its customers reliably. The 2005 Water and Wastewater Master Plan updates will serve as the basis for the development of updated rate structures and impact fees and the 2005 Annual Update and Inventory Report (AUIR). The 2005 AUIR and updates to the rate structures and impact fees are not included in this scope of services. The 2005 Water Master Plan Update shall be coordinated with the COUNTY'S Wellfield Program Manager, CDM, and the ongoing development of the Reclaimed Water Master Plan. Monthly partial payments for the lump sum services for Tasks 1 and 2 will be invoiced based on the percentage of services completed. Payment for Task 3 services will be invoiced based on time and materials in accordance with hourly rates and invoices received from subconsultants. Hourly rates for Task 3 shall be the rates from the 2005 Fixed Term Utilities Engineering Contract. Page 1 of 5 Agenda Item No, 16F1 M Au g UlOOl.Oros200 5 Page 7 of 13 2005MasterPlan U pdateScope Agenda Item No, 16F1 September 13, 2005 Page 125 of 151 TASK 1 - INITIAL PLANNING UPDATE SERVICES Task 1.1 - Attend Kick-Off Meeting Attend kick-off meeting. Prepare and distribute meeting notes. Task 1.2 - Collect and Review Existing Data Collect and review existing data, including updated population projections from the COUNTY Comprehensive Planning Section, updated project schedule and cost information, water demands, wastewater flow and operational data, updated Census Bureau data, updated data from the University of Florida Bureau of Economic and Business Research (BEBR), Rural Transition Area maps and other information relevant to the PROJECT. Task 1.3 - Update Population. Water Demands and Wastewater Flow Projections Update countywide population forecasts based on updated population projections provided by COlJNTY Planning Services. Updated Planning Services projections are expected to be available by September 9, 2005. Population projections provided by Planning Services shall include 2005 populations by Traffic Analysis Zone (T AZ). Use Buildout populations by TAZ from the draft Buildout Study prepared by Planning Services. Update water demands and wastewater flows from existing and future service areas based on data obtained in Task 1.2 and new population data. Update spreadsheets to document and summarize population, water demand and wastewater flow estimates for each year from 2005 through 2025. TASK 2 -UPDATE MASTER PLANS Task 2.1 - Update Regional Treatment Plant Analvses Update the required county-wide regional treatment plant capacities through 2025 based on updated populations and demands developed in Task 1. Update forecast of when regional plants need to be constructed and expanded. Update information describing the water supply systems, ground storage tanks, transfer pumping, and high-service pumping facilities for the 2005 Water Master Plan Update. For the 2005 Wastewater Master Plan, update summaries of flows by service area and required treatment capacities for the various wastewater regional treatment plants. Prepare an updated summary, which documents the recommended regional treatment plant capacities and treatment requirements. Information regarding current and proposed staffing requirements will be provided by the COUNTY and incorporated into the respective master plans. Task 2.2 - Update Transmission System Analvses Page 2 of 5 Agenda Item No. 16F1 M Aug~iMJs2005 Page 8 of 13 2005MasterPlan U pdateScope Agenda Item No, 16F1 September 13, 2005 Page 126 of 151 For the 2005 Water Master Plan, update the county-wide layout plan for future water transmission mains using the current KYPIPE2000 main network model. Use new fire code pressure requirements for the water main analysis. Prepare model outputs to simulate maximum day, maximum day plus fire flow and peak hour demand conditions for 2010 and 2025 conditions. Update analysis of future storage requirements in the transmission system. Prepare a county-wide map showing year 2010 and 2025 water treatment plant, booster station, storage and transmission main facilities. For the 2005 Wastewater Master Plan, update wastewater force mains and associated master pumping station network linking existing and future service areas to regional treatment plants. Update the existing force main network models using the current KYPIPE2000 hydraulic model. Prepare model outputs for peak flow conditions in 2010 and 2025. Update the countywide summary maps showing year 2010 and 2025 treatment plant, pumping station and pipeline facilities. Task 2.3 - Update Capital Improvement Program (CIP) Schedules Update 5-year and 20-year CIP schedules and budgets sequencing capital improvements identified in Tasks 2.1 and 2.2. CIP schedules and budgets shall include planning, engineering and construction costs. CIP updates shall include input from PUED project managers and Water and Wastewater Department representatives. CIP input from COUNTY shall include background information related to new projects and reasons for changes to existing projects. Reclaimed Water CIP schedules shall be included with the Wastewater CIP. Prepare up to twenty Project Charter descriptions for CIP projects in accordance with the sample Project Charter provided by the COUNTY. Outputs from the CIP schedules will be utilized by the rate and impact fee consultant, PRMG, to update the impact fees and rate schedules. Coordinate and review CIP schedules with PRMG. Task 2.4 - Prepare 2005 Water and Wastewater Master Plan Updates Prepare an update to the 2003 Wastewater Plan Update. The updated plan shall consist of the following sections: Section 1 - Executive Summary Section 2 - Introduction Section 3 - Wastewater Service Areas Section 4 - Existing Facilities Section 5 - Population and Flow Proj ections Section 6 - Concurrency Management and System Reliability Section 7 - Alternative Wastewater Service Plans Section 8 - Capital Improvements Projects for Wastewater Section 9 - Summary and Recommendations Update Appendices A and B from the 2003 Wastewater Master Plan Update as appropriate. Page 3 of 5 Agenda Item No. 16F1 M AuglJ(ftf;~s2005 Page 9 of 13¸ 2005MasterPlan U pdateScope Agenda Item No. 16F1 September 13, 2005 Page 127 of 151 Prepare an update to the 2003 Water Master Plan Update. The updated plan shall consist of the following sections: Section I - Executive Summary Section 2 - Introduction Section 3 - Water Planning Areas Section 4 - Existing Facilities Section 5 - Population and Demand Projections Section 6 - Concurrency Management and System Reliability Section 7 - Alternative Water Service Plans Section 8 - Capital Improvement Projects for Water Section 9 - Goodland Water Sub-District Section 10 - Summary and Recommendations Update Appendices A, B, C and D from the 2003 Water Master Plan Update as appropriate. Submit 36 printed draft review copies each of the updated master plans at both the 60 and 90 percent complete stages to the COUNTY and submit 36 copies each of the final master plans in hard copy format and in pdf format on CD. The 60 percent review documents shall consist of the updated CIP's and population, wastewater flow and water demand tables and figures. The 90 percent review documents shall consist of a text document for each of the sections shown above with tables and figures. Review comments from 60 and 90 percent submittals shall be incorporated in final master plans. Task 2.5 - Attend Meetings Services shall include up to twelve PROJECT meetings to coordinate with ongoing COUNTY projects, develop the CIP update, present preliminary outputs and receive COUNTY review comments. Up to six additional coordination meetings will be held with other COUNTY representatives as necessary to understand other on-going and planned COUNTY activities that will impact PROJECT recommendations. Task 2.6 - Assist with Master Plan Adoption Prepare and conduct the following presentations in PowerPoint format: . Public Utilities Administrator (Two presentations) . County Manager . Productivity Committee · Development Services Advisory Subcommittee (DSAC - Two Presentations) . Board of County Commissioners Workshop . Board of County Commissioners Adoption Page 4 of 5 Agenda Item No. 16F1 M Aug~iMIs2005 Page 10 of 13 2005MasterPlan U pdateScope - Agenda Item No, 16F1 September 13, 2005 Page 128 of 151 Prepare and develop responses to frequently asked questions. Prepare written responses to comments and questions from Productivity and DSAC Committees. TASK 3- ADDITIONAL SERVICES ALLOWANCE Provide additional services for development of the 2005 Master Plan Updates. The additional services allowance of up to $24,548 is for additional services requests that are not included in the scope of services described above. Written approval from the COUNTY Project Manager is required prior to performing any Additional Services. Additional services under this work order will be provided up to the limits shown below. Additional change orders will be required to perform services beyond the limits shown below. SUMMARY TASK NO. DESCRIPTION COMPLETION TIME COST (WEEKS) 1 Initial Update Planning Services 12 $ 32,996 LS 2 Update Master Plans 30 $222.362 LS SUBTOTAL $255,358 LS 3 Additional Services Allowance 30 $ 24,548 T &M TOTALS 30 $279,906 TARGET COMPLETION DATE: March 23,2006 Notes on Schedule: COUNTY has prepared a Project Management Plan (PMP) that includes specific dates for meetings and presentations. The above schedule is based on a start date of August 22, 2005 and meeting the dates for adoption of the master plans set forth in the PMP. The proposed submittal dates for draft review documents are based on receipt of new population data from COUNTY Planning Services by September 9, 2005. The proposed dates for 60 percent submittals and 90 percent submittals are November 18, 2005 and December 16, 2005, respecti",ely. Page 5 of 5 Agenda Item No. 16F1 M AugLllftt!~s2005 Page 11 of 13 200SMaster Plan U pdateScope ...... LO ..- U-OU? <00..- ..-N_ . .0 OMO'J Z"-N EW"-- OJ..c aJ :::::E~ coOlIl. 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C\'I U '- Q.) - en cu ~ '- Q.) - cu 3: Q.) - en cu 3: "C c:: cu ... Q.) - cu 3: It) o o N .. III o (J Q) E C\'I z I- Z w > w - (J Q) '- o '- c.. '! 5 ~ ... 5 ::f ~ z Cl) CI en = ,... N ::f::f ... zz c c 0 '2 .... ;; 'E :!!i 0 c N 10. 0 :I ..... cu :e 0" cu ~ U III ..... :I 0( :':) C 10. en .... "Cl "Cl 'Iii III c C C I'll ~ cu 0 ... Q U ::f < z Z ::f z c o ;; u cu Cl. III C 1o?i ::f z ~LnC'? T"'O..... LLO- <D",a ..... cviC"') . '" T'" ZO_Q) VlOJ E::lctl Q) g>Cl.. :=:<( ctl "0 c: Q) OJ <( ::f z iii .... o I- .... u cu '0' 10. ~ Agenda Item No. 16F1 September 13, 2005 Page 131 of 151 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment transferring a total amount of $111,923.53 into two (2) ongoing Stormwater projects; $15,000.00 for the County Wide Swale Improvements (project No. 510071) and $96,923.53 for the Wiggins Pass Outfall project (project No. 512122). OBJECTIVE: To receive Board of County Commissioners' approval to transfer a total amount of $111,923.53 from six (6) completed to two (2) ongoing Stormwater projects; $15,000.00 for the County Wide Swale Improvements (project No. 510071) and $96,923.53 for the Wiggins Pass Outfall project (project No. 512122). CONSIDERATIONS: The County Wide Swale Project and the Wiggins Pass Weir Project require additional funding in order to cover the construction costs. The necessary funding needed for these projects will be acquired from the remaining funds from six completed Stormwater projects. The County Wide Swale Project was created to complete maintenance work at various locations to include swale reconstruction and culvert replacements reducing the extent and duration of flooding. All work will be performed within the existing County roadway easements and right of ways. Additional funding is needed for the Wiggins Pass Weir Project. The existing upstream and downstream sand-cement bags used to stabilize the ditch side slopes are collapsing and require replacement. Ditch regrading is also required. Approval of this Budget Amendment by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this Budget Amendment shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMP ACT: Funds in the sum of $111 ,923.53 will be transferred within the Stormwater Management CIP Fund (301) from completed projects in the following amounts: . $48,122.55 from the Naples Park Outfall project (Project No. 510041). . $58,290.26 from the Gordon River Master Plan project (Project No. 510052). . $2,704.83 from the Pine Ridge Subdivision Pipe Replacement project (project No. 510201). . $1,488.50 from the Golden Gate City Outfall project (project No. 512181) . $1,217.39 from the Australian Pine Removal project (project No. 515012) · $100.00 from the Palm Street Outfall Ditch project (project No. 518042) The total funding will be transferred to the two Stormwater projects and distributed in the fo llowing manner: · $15,000.00 for the County Wide Swale Improvements project (Project No. 510071). Agenda Item No. 16F1 N August 23, 2005 Page 1 of 3 ,- Agenda Item No. 16F1 September 13, 2005 Page 132of151 . $96,923.53 for the Wiggins Pass Weir project (project No. 512122). The source of funding is ad valorem taxes. GROWTH MANAGEMENT IMP ACT: The proposed budget amendment places funding in two Stormwater maintenance projects, which are in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve the necessary budget amendment. PreDared Bv: Gianfranco Nicolaci, Project Manager, Transportation Services Division, Stormwater Management Department. Agenda Item No. 16F1 N August 23, 2005 Page 2 of 3 Item Number: Item Summary: Meeting Date: Agenda Item No. 16F1 September 13. 2005 Page 133 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1N Recommendation to approve a Budget Amendment transferring a total amount of $111,923.53 Into two (2) ongoing Stormwater proJects; $15.000.00 for the County Wide Swale Improvements (Project No 510071) and $96.923.53 for the Wiggins Pass Outfall project (Project No. 512122) 8/23120059:00:00 AM Prepared By Gianfranco Nicolaci Transportation Services Project Manager Date Stormwater Management 8112120054;58;55 PM Approved B~' Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 8/15/2005 10:44 AM Approved By Gerald Kurtz Transportation Services Senior Engineer Date Stormwater Management 8/1612006 3:61 PM Approved By Norm E. Feder. AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 8/17/200510:49 AM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Administration 8/17/2005 1: 38 PM Approved By Rhonda Rembert Administrative Services Contract Specialist Date Purchasing 8/17/20053;11 PM Approved By Pat Lehnhard Transportation Services Executive 5ftcretary Date Transportation Services Admin 8/18/20059;05 AM Approved By OMB Coordinator Administrative Services Applications Anaiyst Date Information Technology 8118/20059;26 AM Approved B~' Susan Usher County Manager's Office Senior ManagementlBudget Analyst Date Office of Management & Budget 8/181200510:21 AM Approved B~' Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 8123/2005 1 :05 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manage~s Office 8124/2005 3:06 PM Agenda Item No. 16F1N August 23. 2005 Page 3 of 3 Agenda Item No. 16F1 September 13, 2005 Page 134 of 151 EXECUTfVESU~Y Recommendation for the Board of County Commissioners to approve a budget amendment to transfer funding from the completed Goodlette Frank Road Project (pine Ridge Road to Vanderbilt Beach Road 60134) to the Goodlette Frank Road (Golden Gate Parkway - to Pompei Lane 60005) in the amount of $1,300,000. OBJECTIVE: To transfer funds from the completed Goodlette Frank Road (pine Ridge Road to Vanderbilt Beach Road project to the new project Goodlette Frank Road (Golden Gate Parkway to Pompei Lane). CONSIDERATIONS: On June 28, 2005 an executive summary was presented to the Board of County Commissioners to award the construction of the Goodlette Frank: Road project from Golden Gate Parkway to Pompei Lane in the amount of $15,800,000. Funds were identified as being available for this project. On July 26, 2005 an executive summary was presented to the Board of County Commissioners for the CEI (Construction Inspection Services) for this project in the amount of $1,195,286. The purchase order for the Construction was not entered into the SAP system when the executive summary was approved for the CEI services. It appeared in the SAP system that the funds were available for the CEI, when, in fact, the funds that were available were already allocated for the Construction. Therefore, a budget amendment is needed to transfer funds from the completed Goodlette Frank: Road project Pine Ridge Road to Vanderbilt Beach Road in the amount of $1,300,000 to cover the CEI Services and any miscellaneous services that may be needed for this project. If the purchase order had been opened for the Construction, it still would have required a budget amendment to move funding from the old Goodlette Frank: Road Project to the new Goodlette Frank Road Project to cover the CEI Services. Approval of this budget amendment by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this budget amendment shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMP ACT: Approve a budget amendment to transfer funds in the amount of $1,300,000 from the Transportation Supported Gas Tax Fund for the Goodlette Frank Road Project 60134 and appropriate them within the Goodlette Frank Road Project 60005. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact resulting from this action. Agenda Item No, 16F10 August 23, 2005 Page 1 of 3 Agenda Item No. 16F1 September 13, 2005 Page 135 of 151 RECOMMENDATION: That the Board of County Commissioners approve the budget amendment to move funds from the old Goodlette Frank Road Project 60134 to the new Goodlette Frank Road Project 60005. Prepared By: Sharon Newman, Transportation Accounting Supervisor Agenda Item No. 16F1 0 August 23, 2005 Page 2 of 3 Item Number: Item Summary: Meeting Date: Agenda Item No, 16F1 September 13, 2005 Page 136 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F10 Recommendation for the Board of County Commissioners to approve a budget amendment to transfer funding from the completed Goodlette Frank Road Project (PRR - VBR) 60134, to the Goodlette Frank Road Project (GGPKWY . Pompei Lane) 60005 Project in the amount of $1.300,000. 8/23/20059:00:00 AM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Administration 8/12/2006 3:36 PM Approved By Nonn E. Feder, AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 8/16/2006 7:30 AM Approved By Pat Lehnhard Transportation Services Executive Secretary Date Transportation Services Admin 8/16/200610:42 AM Approved By OMS Coordinator Administrative Services Applications Analyst Date Information Technology 8/16/20069:17 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 8/16/2006 11 :40 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 8/16/20064:08 PM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 8/16/20064:16 PM Agenda Item No. 16F10 August 23, 2005 Page 3 of 3 EXECUTIVESU~Y Agenda Item No. 16F1 September 13, 2005 Page 137 of 151 Recommendation to approve a Budget Amendment to appropriate Building Maintenance Special Service and Insurance Refund revenues totaling $78,000 and Security Special Service revenues totaling $25,000 for reimbursement of personal and operating expenses in Fiscal Year 2005. OBJECTIVE: To approve the attached budget amendment appropriating those revenues received for reimbursement of personal and operating expenses incurred for building maintenance and security known as special services. CONSIDERATION: The Department of Facilities Management is called upon to provide services that are not exclusively for repair and maintenance i.e. locksmith, cabinet making, special event setups and so on. This work is titled "special service" and expenses are passed through for payment to user departments. Revenues are received from various "consumer" departments as payment for materials used and services performed. When actual requests for services exceed those anticipated at the time of budget preparation, additional budget authorization is needed to recognize revenue for payment of incurred expenses. In addition, the Department of Facilities Management is responsible for providing security to the County Government Courthouse and to other administrative government buildings. During this fiscal year, the need for additional security staffing has increased substantially due to after-hours construction in "secured" buildings and many other special security requests including tram service during campus construction projects. A small amount of revenue has been received from various departments as payment for security services performed. These funds are already budgeted in the user departments and are transferred to the Building Maintenance section cost center and Security section cost center after services are performed. Approval of this budget amendment by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this budget amendment shall not be enforceable against Collier County only to the extent authorized by law in the absences of such ratification by that Board. FISCAL IMP ACT: Revenues of $78,000 are being appropriated from reimbursement for Building Maintenance Special Services and Insurance Refunds to Building Maintenance Personal Expenses and Operating Expenses (001). Revenues of $25,000 are being appropriated from reimbursement for Security Special Services to Security Operating Expenses, Other Contractual Services (001). GROWTH MANAGEMENT IMP ACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the necessary budget amendment as addressed within this summary. PREPARED BY: Damon Gonzales, Facilities Manager Department of Facilities Management Agenda Item No. 16F1P August 23, 2005 Page 1 of 2 Item Number: Item Summary: Meeting Date: Agenda Item No. 16F1 September 13. 2005 Page 138 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1P Recommendation to approve a Budget Amendment to appropriate Building Maintenance Special Service and Insurance Refund revenues totaling $78.000 and Security Special Service revenues totaling $25,000 for reimbursement of personal and operating expenses in Fiscal Year 2005. 8/23/20059:00:00 AM Prepared By Damon Gonzales Administrative Services Interim Facilities Manager Date Facilities Management 8/15/2005 10:00:00 AM Approved By Skip Camp, C.F,M. Administrative Services Facilities Management Director Date Facilities Management 8/15120052:31 PM Approved By Damon Gonzales Administrative Services Interim Facilities Manager Date Facilities Management 8/15/2005 5:33 PM Approved By Len Golden Price Administrative Services Administrative Services Administrator Date Administrative Services Admin. 8/18/20052:13 PM Approved By OMB Coordinator Administrative Services Applications Analyst Date information Technology 8/19/20057:45 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 8/24/2005 11: 16 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 8124/20054:50 PM Agenda Item No. 16F1P August 23, 2005 Page 2 of 2 Agenda Item No. 16F1 September 13, 2005 Page 139 of 151 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Lien for the following Code Enforcement action; Color Communications, Inc.; CEB 2004-64. OBJECTIVE: To approve the execution and recording of the attached Release and Satisfaction of Lien. This discharge is not intended to waive any existing Code violations that may be present on the property. CONSIDERATIONS: A claim of lien arising out of the Code Enforcement Board Order dated February 2,2005, was recorded against certain real property owned by The Taylor Village Owner's Association, a/k/a the Taylor Village Condo Association. All fines and costs arising from this lien were previously paid, however, the code violations remain while staff continues to work with the Association to bring the property into compliance. One of the condominium owners wishes to sell his commercial condominium unit, however, the recorded Order operates as a lien on the parcel. With no money owing as a result of this violation, and with the purchaser fully aware of the property's code violation status, the County Attorney's Office has recommended the prompt execution and recording of the attached Release and Satisfaction of Lien so that the closing can take place. Approval of this Release and Satisfaction by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this Release and Satisfaction shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: The only expense incurred by the County is the cost of recording the Releases and Satisfactions, which is to be approximately $10.00 per release, totaling $10.00 which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfaction. PREPARED BY: Leonardo Bonanno, Operations Coordinator - Code Enforcement and Jeffrey A. Klatzkow, Assistant County Attorney Agenda Item No. 16F1 Q August 23, 2005 Page 1 of 3 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1Q Agenda Item No. 16F1 September 13. 2005 Page 140 of 151 Recommendation to approve the Release and Satisfaction of Lien for the following Code Enforcement action; Color Communications, Inc.; CES 2004-64. 8/23/20059:00:00 AM Prepared By Janet Powers Community Development & Environmental Services Operations Manager Code Enforcement Date Approved By 8110/20064:41 :25 PM Janet Powers Community Development & Environmental Services Operations Manager Code Enforcement Date 811112006 2:00 PM Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date Approved By 8/1112005 4:48 PM Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 8/12/20059:56 AM Approved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Code Enforcament Date 8115/20059:56 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 8115/2005 1 :89 PM Approved By OMB Coordinator Administrative Services Applications Analyst Information Technology Date 811612005 9: 13 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 8/16/2005 9:27 AM Approved By James V. Mudd Board of Cou nty Commissioners County Manager County Manager's Office Date 8/16/20053:38 PM Agenda Item No. 16F1Q August23,2005 Page 2 of 3 Agenda Item No. 16F1 September 13, 2005 Page 141 of 151 THIS INSTRUMENT PREPARED BY: James D. Vogel. Esq. Fla. Bar No. 0051373 Vogel Law Office. PA Suite B. Midwest Title Bldg. 3936 Tamiami Trail North Naples. Florida 34103 (239) 262-2211 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated February 2, 2005, a certified copy of which was recorded in OR. Book 3730, Pages 2035, et seq., on February 8, 2005, of the Public Records of Collier County, Florida, together with that certain Findings of Fact, Conclusions of Law and Order of the Board recorded in O.R. Book 3689, Pages 1680, et seq., on December 3,2004, of the Public Records of Collier County, Florida (collectively hereinafter referred to as the "Lien Documents"), against the real property described hereinbelow, and all other real and personal property located in Collier County, owned by Color Communications, Inc., a Florida corporation, has been discharged in full. The discharge of this lien is not intended to waive any Code violations that mayor may not be present on the described property/parcels: : J '~ That certain condominium parcel composed of Units 10 and 11, Building 100, Taylor Village, a condominium, and an undivided share in the common elements appurtenant thereto in accordance with and subject to the covenants, restrictions, terms, and other provisions of the Declaration thereof recorded in O.R. Book 2705, Page 3030, of the Public Records of Collier County, Florida, and subsequent amendments thereto. The undersigned is authorized to and does hereby release this lien as to the whole of the described real properties, and all other real and personal property owned by Color Communications, Inc. and consents to this lien being discharged of record. Dated this ~Jday of ~1r5r ,2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: FRED W. COYLE, Chairman App ve form and legal sufficiency: Agenda Item No, 16F1Q August23,2005 Page 3 of 3 Agenda Item No, 16F1 September 13, 2005 Page 142 of 151 EXECUTIVE SUMMARY Recommendation to approve the use of transit enhancement funds (313) to purchase a transit bus under Florida Public Transportation Association/Hartline contract 2003-07-01, trolley decal wrap and necessary equipment (in the estimated amount of $286,500) OBJECTIVE: To acquire approval to purchase a heavy-duty transit bus, trolley decal wrap and necessary equipment utilizing Transit Enhancement Funds (313) for route service coverage during scheduled bus maintenance. CONSIDERATION: Staff requests approval to purchase, through State contract, one Gillig heavy-duty transit bus from Gillig Corporation, Haywood Califomia, at a cost of approximately $286,500. The bus will be purchased utilizing County Transit Enhancement dollars. Price includes installation of a radio (through a State Contract with Communications International, Sole Source approval granted by the Board of County Commissioners. 9/14/99, Agenda Item No. 16.E.14) and trolley decal wrap by Stan Mittsrrrolley Illusions. The trolley wrap replicates that of current buses and is copyrighted by Stan Mitts, and hence this component of the project constitutes a sole source acquisition. Approval of this purchase by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this purchase shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: The total cost for the new bus is $286,500. The purchase will be funded from Fund 313 Project 61010 Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve: (1) the purchase of a new transit bus through Gillig Corporation under Florida Public Transportation Association/Hartline Contract 2003-07-01; (2) approve the purchase and installation of a radio through Communications International (Board approved sole source 9/14/99, 16.E.14); (3) waive formal competition and authorize the purchase of the trolley decal wrap through Stan Mitts, who owns the copyright to these designs. The estimated total amount of these expenditures is $286,500; and (4) approve any budget amendments required. Prepared by: Lisa Hendrickson, Senior Planner, Department of Alternative Transportation Modes Agenda Item No. 16F1 R August 23, 2005 Page 1 of 2 Item Number: Item Summary: Meeting Date: Agenda Item No. 16F1 September 13. 2005 Page 143 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1R Recommendation to approve the use of transit enhancement funds (313) to purchase a heavy-duty transit bus under Florida Public Transportation AssociationlHarline contract 2003- 07-01, trolley decal wrap and necessary equipment (in the estimated amount of $286,500). 8/23/20059:00:00 AM Prepared B)' Lisa Hendrickson Transportallon Services Management/Budget Analyst Dale Alternalive Transportation Modes 819120055:17:54 PM Approved By Usa Hendrickson Transportation Services Management/Budget Analyst Dale Alternalive Transportation Modes 819/2005 5: 15 PM Approved By Brenda Brllhart Administrative Services Purchasing Agent Dale Purchasing 8/1012005 1 :49 PM Approved By Diane B. Flagg Transportation Services Director of Alternative Transportation Modes A TM Director Dale Alternalive Transportation Modes 8112/2005 9:25 AM Approved By Barbara LaPierre Transportation Services Management/Budget Analyst Date Transportation Operations 8/12/200511:17 AM Approved By SIeve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 8/1212005 2: 24 PM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Administration 8/12120053:35 PM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Dale Transportation Services Admin. 8115/20057:22 AM Approved By OMB Coordinator Administrative Services Applications Analyst Date Information Technology 8/1812005 9:40 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 8123/2005 4:44 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 8125/200510:17 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 812512005 11: 17 AM Agenda Item No. 16F1R August 23. 2005 Page 2 of 2 Agenda Item No. 16F1 September 13, 2005 Page 144 of 151 EXECUTIVE SUMMARY Recommendation to approve sole source purchase of ResQPOD Circulatory Enhancer in the amount of 535,600.00. OBJECTIVE: To provide rescue personnel with the ResQPOD Circulatory Enhancer, a new device developed by Advanced Circulatory Systems, Inc. of Eden Pmirie, Minnesota and being marketed solely through Tri-anim, a medical supply company located in Sylmar, California. CONSIDERATIONS: The ResQPOD Circulatory Enhancer is used in conjunction with standard or pump-assisted CPR and has the effect of increasing blood flow to the heart and brain during CPR, the outcome being an increase in the opportunity for survival and nonnal neurological outcome. Providing this device for use by rescue personnel would substantially improve survival results. The initial supply of Four Hundred (400) devices, in the amount of $35,600.00, would be purchased with grant funds from the Florida Department of Health. This sole source purchase has been reviewed and approved by the County's Purchasing Department. Approval of this sole source purchase by the County Manager is subject to fonnal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this sole source purchase shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. -, FISCAL IMPACT: Funds for these services are available for FY 05 in Fund 491, EMS Grants, as adopted by the Board on September 23,2004. GROWTH IMP ACT: There is no Growth Management Impact resulting from this action. RECOMMENDATIONS: That the Board of County Commissioners waive formal competition and approve the sole source purchase of ResQPOD Circulatory Enhancer from Tri-anim. PREPARED BY: Jeff Page, Chief, Emergency Medical Services Agenda Item No. 16F1S August 23, 2005 Page 1 of 3 Item Number: Item Summary: Meeting Date: Agenda Item No. 16F1 September 13, 2005 Page 145 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F15 Recommendation to approve sole source purchase of ResQPOD Circulatory Enhancer in the amount of $35.600.00 8/23/20059:00:00 AM Prepared By Jeff Pag e Bureau of Emergency Services EMS Chief Date EMS 7/27/20069:57:29 AM Approved By Jeff Page Bureau of Emergency Services EMS Chief Date EMS 7/271200610:16 AM Approved By Date Scott Johnson Administrative Services Purchasing Agent Purchesing 7/28120058:23 AM Mike Hauer Date Approved By Administrative Services Acquisition Manager Purchasing 7/28/2005 3:00 PM Approved By Steve Carnell Administrative Services Date Purchasing/General Svcs Director Purchasing 7/28/20054:28 PM Approved By Darcy Waldron County Manager's Office Senior Administrative Assistant Date Emergency Management 8/3/20059:16 AM Approved By Dan E. Summers County Manager's Office Bur~au of Emergency Services Director Bureau of Emergency Services Date 8/9/2005 1 :46 PM Date Approved By OMS Coordinator Administrative Services A pplications Analyst Information Technology 8/10/2005 8:00 AM Date Approved B~' MichaelSmykowski County Manager's Office Management & Budget Director Office of Management & Budget 8/16/2005 9:21 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 8/16/20055:41 PM Agenda Item No. 16F1S August 23. 2005 Page 2 of 3 ~I.(').... u..OI.(') ~.... -- o "- _J.D ...."<t ECP.... Q).o Cp :::::EO) rocprn "0......0... co.. Q)CP 0'/1) -< . . c: l0- CI) CJ t:: o (.) ~ CO :?E l- Z w :i w o 2 < :r: z UJ >- = o I- :5 :) u " C3 UJ ~ . tn ~ [t]~ L.O o o N ~ -;:t >. CO 2 ojoJ - E o ..c ~ ~ m ?::"O ..... .scro ~roQ.) ~ .... E ~~+-J .- () '-' o .- C)c.$ 0535 0.-0 o co Q;) (/) .S2 en CD --0 ro o:::Q.)CI.> Q.)Eo.. s::. >. o+J" +-'uc lol- C ID o Q) So... '0.0 E o '- ID :5 EQ) ~ ..0 'QO .;:: Q) ro ....... cn '0.0 (/J ,,~ c-- -0 ...- ..c ~"O+-' > ~ 0 .- U +"" rJ)C"O ~ .- Q) g <:.) -.... +-' . ><ro~~ Cl);t::Q)O (])o..s....+-' CI'J · A CO :socs . fJ) f .2 2 Q) ...... .- E l.- '" U ._ 0. Q) "0 c U) ::J CD comO''"' ....!., +-' CD C '- co > co I-t;.ro> +-- ..", ; '"0 co "'0 ..c::. co :ssg@) r/) 'c ~ ~ E::::>~co :I.- - ._ "", ...0 4-. ....., of-I r c: .c: CD ~ oo/-l~- 10.. ~ () .S: co 0 a; :I.- E ri: ......<l>_LO 1i}Qrol.O _C:+-'(j'} (J) ro"5. ' ._ .c r.J) r- ..cCoo::t l-W..cCi) >.. Q) s- O) '-' c: Ci.i I ~ :; ? \ (/)1.(')(") ....0_ lJ...OO l.ON(") ",":cv)Cp ON 0) z......rn E~o... cpO) ......:::1 ~<( "0 C Cp 0) <( ~ c.; Ct: C( Q. ~ .- Il::::: c:: Agenda Item No. 16F1 September 13, 2005 Page 147 of 151 Executive Summary That the Board Approve an Agreed Order and Authorize Payment of Expert Fees in the Lawsuit Styled CoUier County 1I. GJR of Naples, Inc., et aL, Case No. 02-2212-CA, Immokalee Road Project #60018). (Fiscal Impact: 57,700.00). OBJECTIVE: That the Board of County Commissioners approve an Agreed Order and authorize payment of expert fees with respect to Parcel 192 in the lawsuit styled Collier County vs. GJR of Naples, Inc., et al., Case No. 02-2212-CA. CONSIDERATIONS: The County acquired the subject property by depositing the sum of $51,600.00 into the registry of the Court on September 19,2002; the County and Respondents have negotiated and settled by Stipulated Final Judgment in the amount of $67,000.00 which was approved by the Board on April 12, 2005. To conclude this matter, the County is required to pay reasonable expert fees incurred by Respondents in the defense of this matter. TOTAL: $1,200.00 $6.500.00 $7,700.00 . Expert Planning Fees . Expert Appraisal Fees Attached is the proposed Agreed Order. Approval of this Agreed Order by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this Agreed Order shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: Funds in the amount of $7,700.00 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will be made from the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order as to Parcel 192; and 2. Approve the expenditure of funds as stated. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Agenda Item No. 16F1T August 23, 2005 Page 1 of 4 Item Number: Item Summary: Meeting Date: Agenda Item No. 16F1 September 13, 2005 Page 148 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1T That the Board Approve an Agreed Order and Authorize Payment of Expert Fees In the Lawsuit Styled Collier County v. GJR of Naples. Inc., et al" Case No. 02-2212-CA. Immokalee Road Project #60018). (Fiscal Impact: $7,700.00). 8/23/20059:00:00 AM Prepared By Heidi F. Ashton Cou nty Attorney Assistant County Attorney Date County Attorney Office 7/19/20052:17:27 PM Date Approved By Lisa Taylor Transportation Services Management/Budget Analyst Transportation Administration 7/19/2005 2:59 PM Date Approved By Eugene Calvert Transportations Services Principal Project Manager Transportation Engineering and Construction Management 7/19/2005 5:28 PM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. 7120/20056:42 AM Data Approved By Sharon Newman Transportation Services Accounting Supervisor Trensportation Administration 8/1/20051 :23 PM Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager Transportation Engineering and Construction Dale 813/2005 1 :17 PM Approved By David C. Weigel County Attorney County Attorney Date County Attorney Office 8/12/200510:41 AM Date Approved By OMB Coordinator Administrative Services Applications Analyst Information Technology 8/15120057:32 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 8116/20058:28 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 8116120054:52 PM Agenda Item No. 16FH August23,2005 Page 2 of 4 l I Agenda Item No. 16F1 September 13, 2005 Page 149 of 151 IN THECrn.CUIT COURT OF THE T'\'VENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2212-CA Petitioner, Parcel No.: 192 vs. GJR OF NAPLES, INC., et al., Respondents. / AGREED ORDER THIS CAUSE, having corne before the Court upon Joint Motion made by Petitioner, COllIER COUNTY, FLORlDA, by and through the undersigned counsel, and Respondents, WILLIAM J. CONRAN and PAMELA J. CONRAN, by and through their undel'signedcounsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, \VILLIAM J. CO~ and PAMELA J. CONRAN, receive from Petitionet, COLLIER COUNTY, FLORIDA, the sum of Twelve Hundred Dollars and No/lOO ($1200.00) for planning fees incurred in connection with Parcel 192; it is further ORDERED that Respondents, WIT....LIAM J. CONRAN and PAMELA J. CONRAN, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Sixty-Five Hundred Dollars and Nol100 ($6500.00) for appraisal fees incurred in connection with Parcel 192; it is further ORDERED that Petitioner, COLLIER COUl\TTY, FLORIDA, shall disburse the sum of Seventy-Seven Hundred Dollars and No/lOO ($7700.00) to the EARLE & PATCHEN TRUST Agenda Item No. 16F1T August 23, 2005 Page 3 of 4 Agenda Item No. 16F1 September 13, 2005 ACCOUNT clo Brian P. Patchen, Esquire, 1000 Brickell Avenue, Suite 1112, Miami, FL 33~'3 I ~ff 151 the benefit of Respondents, WILUAM J. CONRAN and PAMELA J. CONRAN. DONE AND ORDERED this _ day of _, 2005 in Naples, Collier County,Florida. CIRCUIT COURT JUDGE Confonned copies to: Heidi F. Ashton, Esquire Brian P. Patchen, Esquire E. Glenn Tucker, Esquire JOINT MOTION The Parties, by and through their undersigned a.ttorneys, hereby move for entry of the foregoing Agreed Order. Dated: Dated: BRIANP. PATCHEN~ESQUIRE Florida BarNo.: 157545 EARlE & l;>ATCBEN P.A. 1000 Brickell Avenue, Suite 1112 Miami, FL 33131 (305) 372-1112 - Telephone (305) 372-3691 - Facsimile ATTORNEY FOR RESPONDENTS HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 966770 COUNTY ATTORNEY'S OFFICE Hannon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile A ITORl\TEY FOR PETITIONER @ Agenda Item No, 16F1T August 23, 2005 Page 4 of 4 Item Numbar. Item SUmmlry: Meeting Date: Aaenda Item No. 16Fl -September 13. 2005 Page 151 01151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F' Summary of Com-lent 8nd Emergency Agenda !lerTI5 l!Ipprolled bv the County MClnage: during the Boards scheduled recess, Per Resolulion Number 2000.149, "Approval of this Agreement by the County Manager is ,;ubJect to formol ratification by the Board of County Commissioners. rr thf> deciSIOn by the COiJnty Manager is noll1lltlfied by thet Bnard, this. Agreement shall be enforceable a-Qainsl Collier County only to the eKten1 authorized by law in the absence of such ratlfiCfloon of lhat 6Cli!ltd .. (20 items) 2/13/2005 g 00:00 AM County Manager Oate Approved By James II. Mudd Board of County Commjuioners County Managflr's Office \}12/2005 2:55 PM .- ,- Agenda Item No. 16F2 September 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve First Amendment to the 2004/2005 Tourism Agreement Between Collier County and the City of Naples Extending Agreement for the Naples Preserve Project to September 30, 2006. OBJECTIVE: To approve First Amendment to the 2004 Tourism Agreement between Collier County and the City of Naples extending Agreement to September 30,2006. CONSIDERA TIONS: On September 21,2004 The Board of County Commissioners approved the 2004/2005 Tourism Agreement between Collier County and the City of Naples in the amount of $50,000. This agreement is effective from October 1, 2004 to September 30, 2005. Per the terms of this Agreement the City of Naples has requested a I-year extension for the completion of the Category "c" grant for the Naples Preserve Eco-Educational Center project. FISCAL IMP ACT: The funds to complete this project will be rolled over into the Tourism Department FY 06 budget from fund 193. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact from these projects. RECOMMENDA TION: That the Board of County Commissioners approve First Amendment to the 200412005 Tourism Agreement between Collier County and the City of Naples extending the agreement to September 30, 2006. PREPARED BY: Gail Hambright, Administrative Assistant, County Tourism Department ItIIm Number: Itlim Summary: Mooting Dm: Agenda Item No. 16F2 September 13. 2005 Page 2 ot 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F2 ReoomrnendBllon to approve Firat Arnendment tn the 200412005 Tourisrn Agree-me.11 Between Collier County and the City ot Napleil EldendinSl Agreement to September 30, 2006 for the Napltl9 F'res&rve Project tor $50,000. 9113/20059:00:00 AM Oate Appr01'ed By J;1IekWert County Manager" Office- , ourism Director Tourism 811/20053:04 PM Administrative AI.l.tat'll. 0... 8/23120067:68 AM Approved By OMe Coordinator County Manager'. Oft'lce OffIce 01 Mllnll~ment & Budget Murk ltHlckson Date AIJproved By County Manager's O1'l'jg.. Budget Analysr Office of Management & Budget 8123/2005 3:S3 PM Approved By MIchael Smy~ow"ki County Manager's Office ManagBmctl\1 So. Budget Diroctor Dole Office of Managunl(ltnt & Budget 8130/200512:31 PM 0... AplJrOved Bl Jartllll& V, Mudd Board of County Commlaslonen County Man.agar County Manlllger'G Oftic~ 61JOr;wos 12:44 PM Agenda Item No. 16F2 September 13, 2005 Page 3 of 4 FIRST AMENDMENT TO 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR THE NAPLES PRESERVE ECO.EDUCA TIONAL CENTER This First Amendment to the 2004/2005 Tourism Agreement, made this _ day of , 2005, (hereinafter referred to as "First Amendment") is entered into by and between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as "COUNTY"), and the City of Naples (hereinafter referred to as "GRANTEE"). WIT N E SSE T H: WHEREAS, the COUNTY and GRANTEE entered into a 2004/2005 Tourism Agreement dated September 21,2004 (the "Agreement") for the Naples Preserve Bco-educational Center; and WHEREAS, the COUNTY and GRANTEE desire to further amend the tenns of the Agreement. NOW, THEREFORE, in consideI"dtion of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Section 17 of said Agreement is hereby deleted in its entirety and the following paragraph is inserted in its place: TERM: This Agreement shall become effective on October 1,2004 and shall remain effective until November 30, 2006. If the project is not completed within the tenn of the Agreement, all unreleased funds shall be retained by the COUNTY consistent with Paragraph 13 herein. Any extension of this Agreement must be at the express consent of the Collier County Board of County Commissioners. The GRANTEE must request any extension of this tenn in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the tenn for an additional one year. 2. Except as set forth in this First Amendment, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: FRED W. COYlE, Chainnan , Deputy Clerk Approved as to fonn and legal sufficiency: ~ Heidi F. Ashton Assistant County Attorney ATTEST: TARA NORMAN, City Clerk Approved as to form and legal sufficiency: ROBERT D, PRm, City Attorney (corporate seal) CPlTDC\2004-200S A~.m.nt\l. Amend-Naples Preserve Bee-cd Center Agenda Item No. 16F2 September 13, 2005 Page 4 of4 CITY OF NAPLES By: BILL BARNETf, Mayor WITNESSES: (I) signature PrintedlTyped Name (2) Signature PrintedlTyped Name Agenda Item No, 16F3 September 13, 2005 Page 1 of 26 EXECUTIVE SUMMARY Recommendation to approve an Agreement between the Florida Department of Community Affairs and Collier County accepting $8,113 for the preparation of Hazards Analysis Reports for facilities storing extremely hazardous substances within the County and approve the Budget Amendment necessary to recognize and appropriate $8,113 as revenue OBJECTIVE: Board of County Commissioners approval of Agreement #06CP-ll-09- 21-01-000 between the Florida Department of Community Affairs (DCA) and Collier County accepting $8,113 for the preparation of hazards analysis reports on thirty-three (33) Extremely Hazardous Substances (EHS) sites within Collier County. CONSIDERATIONS: The Florida Department of Community Affairs, (DCA) requires that 50% of the Extremely Hazardous Substances (EHS) sites within Collier County be visited and reported on each year. The Conservation and Coastal Management Element of the County Growth Management Plan requires that hazards analysis site visits be made to all sites biennially. Acceptance of the Agreement will allow Collier County to comply with both the DCA and Collier Growth Management Plan requirements. Under the terms of the Agreement, 50% of the EHS sites in the County will be visited and reported on by February 1, 2006. The Agreement was received by the Emergency Management Department on July 5, 2005 just after the July 1, 2005 contract start date. However, Emergency Management staff does not anticipate problems meeting the fIrst deliverable date of August 15, 2005, and is recommending that the County accept the Agreement as written. The Agreement has been reviewed and approved for form and legal sufficiency by Robert Zachary, Assistant County Attorney. FISCAL IMPACT: An increase by budget amendment of $8,113 to Fund 118 (Emergency Management Grants) for FY 05. No matching funds are required. GROWTH MANAGEMENT IMPACT: The review and updating of hazards analysis reports is required by the Conservation and Coastal Management Element of the County Growth Management Plan, Objective #9.1, Policy 9.1.7. RECOMMENDATION: That the Board of County Commissioners approve an Agreement between the Florida Department of Community Affairs and Collier County accepting $8,113 for the preparation of hazards analysis reports for thirty-three (33) facilities within Collier County, and approve the budget amendment necessary to recognize and appropriate $8,113 as revenue. ,,- Prepared by: Darcy Waldron, Sr. Administrative Assistant Department of Emergency Management 1'-"1 Number: Item Summery: MeetinG Date: Agenda 11em No, 16F3 Septamuer 13. 2005 Page 2 01 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F3 Reoommerlcialion 10 "ppmvf! an Agreement betWfJ'fln the Flofldtt Deporlment of Community Affairs iIlnd Collier County accepfin(l $8,113 for the preparation of HaZlrds AnalysIs Repor1s 10r fecUlties stotlng extremely huardouu &Ub9toncea within the County and approve the Budge1 Amendment necessary 10 recognize I'lnd appropriate $8,113 BS revenue 9/13120059:00:00 AM 0... Appro'\'ed B)' Darcy Waldron County MIRllget'fl OffiOI!! Senior Administrative Aulstant Emergency Ma"~en'"'nt 8/9/2005 4:20 PM 0... Approved By Merk!me J. Foord Admims1rativll' &rvloo. Granttl Coordinator Adminlstu\Uve SC!:IMces Admin 8/10/200611 :02 AM 0... Approved B)' Oan L Summon: CDUllly Manllger'. Offioe Buroau of EmerQcncy SC!lfvices Director Buruu or Emergflncy Servloel 811212005 1~OO PM D'" Approved B" OMS Coordinator Count~' Manager's: attio,," Admlnistr.tlvlO Auiattlnt Office of Management & Budget 8115120051:39 AM 0"'. Approved By Michael Snlykowskl County Mamlger'l'i Office Managernent & Budget Director Offico or Mal1lilperoont & Budget 8!1~12005 11':31 AM D"'. Approved B)' James V, M.ldd Board of County COlllmistlllCmarli County Man'lger County Managcr'5 Office 8/16120055:25 PM Agenda Item No. 16F3 September 13, 2005 Page 3 of 26 Contract Number: 06CP-11-09-21-01-XXX CSFA Number 52.023 STATE-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida. Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"). and Collier County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW. THEREFORE. the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Financial Compensation Requirements, Attachment A of this Agreement, and the Scope of Work and Schedule of Payments, Attachment B of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in EXIBIT-1 and Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties or July 1, 2005. whichever is later, and shall end June 30. 2006, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller. or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: Agenda Item No. 16F3 September 13, 2005 Page 4 of 26 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (b) The Recipient shall maintain all records, for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to detennine compliance with the requirements and objectives of the Financial Compensation Requirements - Attachment A - and the Scope of Work and Schedule of Payments - Attachment B - and all other applicable laws and regulations. (c) The Recipient, Its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during nonnal business hours of 8:00 a.m, to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean nonnal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a non-state entity as defined by Section 215.97, Fla. Stat.. it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Govemor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT -1 to this Agreement indicates State financial assistance awarded through the Department by this Agreement. In detennining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Department, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fia. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 2 Agenda Item No. 16F3 September 13, 2005 Page 5 of 26 10.550 (local govemmentalentities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. the cost of the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional infonnation on the Florida Single Audit Ad. may be found at the following website: htto://www.state.fl.uslfsaa/statutes.html. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directlv to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to the above office] and Department of Community Affairs Division of Emergency Management Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profrt organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting paCkage was delivered to the Recipient in correspondence accompanying the reporting package. 3 Agenda Item No, 16F3 September 13, 2005 Page 6 of 26 (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with thase applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, .E!i... Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (7) REPORTS (a) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Financial Compensation Requirements - Attachment A - and the Scope of Work and Schedule of Payments - Attachment B. (b) The Recipient shall provide such additional program updates or information as may be required by the Department. (8) MONITORING The Recipient shall monitor its performance under this Agreement. as well as that of Its subcontractors, sub-recipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Scope of Work and Schedule of Payments is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment B to this Agreement. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97. Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may Include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom It shall deal in carrying out the terms of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.. agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is 4 Agenda Item No. 16F3 September 13, 2005 Page 7 of 26 intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of DefaultW), all obligations on the part of the Department to make any further payment of funds hereunder shall, If the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Parag raph (11), but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or If the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES Upon the happening of an Event of Default, then the Department may, at Its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-retum receipt requested, to the address set forth in Paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written waming to advise that more serious measures may be taken if the situation is not corrected, 5 Agenda Item No. 16F3 September 13, 2005 Page 8 of 26 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any Items determined to be ineligible; (e) Require that the Recipient retum to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations goveming the use of funds under this program; (f) Exercise any other rights or remedies which may be otherwise available under law; (g) The pursuit of anyone of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. (12) TERMINATION (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Department may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. 6 Agenda Item No. 16F3 September 13, 2005 Page 9 of 26 (b) The name and address of the Department contract manager for this Agreement is: Mr. Timothy Date Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1272 Fax: (850) 488-1739 Email: tim.date@dca.state.f1.us (c) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, within thirty (30) days after execution of the subcontract by the Recipient, a copy of the executed subcontract must be forwarded to the Department. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (Hi) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Financial Compensation Requirements Attachment B - Scope of Work and Schedule of Payments Attachment C - County Facilities Listing Attachment D - Financial Invoice Attachment E - Warranties and Representations (17) FUNDING/CONSIDERA TION This is a fixed fee agreement. As consideration for performance of work rendered under this Agreement, the Department agrees to pay a fixed fee of up to $8.113.00. Payment will be made in accordance with the provisions of the Financial Compensation Requirements, Attachment A of this Agreement, and the Scope of Work and Schedule of Payments, Attachment B of this Agreement. 7 Agenda Item No, 16F3 September 13, 2005 Page 10 of 26 The sole intent of this Agreement is to provide financial assistance to the Recipient to support the conduct of site-specific hazards analyses and hazardous materials emergency management activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be expended within the contract period. Any payments received after termination of the Agreement shall be considered payments for work performed pursuant to the Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of funds hereunder shall terminate, and the Recipient shall submit Its closeout report within thirty (30) days of receipt of notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 in accordance with Section 215.34(2), Fla. Stat.. if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS Pursuant to Section 215.422, Fla. Stat.. the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the t!\Jth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all Its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or !\Jle, or is otherwise unenforceable, then such provision shall be deemed 8 Agenda Item No. 16F3 September 13. 2005 Page 11 of 26 null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C.Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. m The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (k) If the Recipient Is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (I) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("l NA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A( e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation ofthis Agreement by the Department. 9 Agenda Item No. 16F3 September 13, 2005 Page 12 of 26 (21) STATE LOBBYING PROHIBITION No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (22) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, i1s governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. 10 Agenda Item No, 16F3 September 13, 2005 Page 13 of 26 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. ReciDient: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Fred W. Coyle, Chairman Date: FEID# 59-6000558 Deputy Clerk A lTEST: Dwight E. Brock, Clerk By: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and TItle: W. Craie Fueate. Director Division of Emeraencv Manaaement Date: 11 Agenda Item No. 16F3 September 13, 2005 Page 14 of 26 EXHIBIT -1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Department of Community Affairs, Florida Hazardous Materials Planning and Prevention Program, Catalog of State Financial Assistance Number 52.023 in the amount of $8,113.00. COMPLIANCE REQUIREMENTS APPUCABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Emergency Planning and Community Right-ta-Know Act (EPCRA), Title III of the Superfund Amendments and Reauthorization Act of 1986,42 U.S.C. s. 11001, et seq. (SARA). 2. Florida Hazardous Materials Emergency Response and Community Right-to-Know Act of 1988, Chapter 252, Part II, Florida Statutes REMAINDER OF THIS PAGE LEFf BLANK INTENTIONALLY 12 Agenda Item No, 16F3 September 13, 2005 Page 15 of 26 Attachment A FINANCIAL COMPENSATION REQUIREMENTS A. Upon execution of this Agreement, the Recipient shall be compensated for tasks completed in accordance with the Scope of Work and Schedule of Payments, which are incorporated in this Agreement as Attachment B, except as provided herein. B. Each request for payment shall be initiated by the Department upon receipt of an acceptable Financial Invoice (Attachment D) that is supported by a product that meets the requirements of this Agreement. The Recipient's authorized official shall sign the Financial Invoice. The Recipient shall submit a Financial Invoice for payment that is commensurate with the percentage of hazards analyses submitted. The payment of the percentages of the fixed fee amount will be made on a perfonnance basis in accordance with the percentage of work tasks submitted, except that the final 25 percent will not be released until the final work product is completed, submitted, and approved by the Department. C. In the event that the Recipient submits less than fifty (50) percent of the completed hazards analyses on November 1, 2005 or less than the final fifty (50) percent of the completed hazards analyses on February 1, 2006, then the payment due may be reduced by an amount commensurate with the number of omitted hazards analyses and the number of days late, if any. D. If the Department finds that the Recipient is not in compliance with the tenns of this Agreement, or is not in compliance with any other grant program administered by the Department, then without waiving its right to tenninate this Agreement, the Department may, with written notice, withhold payment until the Recipient is in compliance with and is perfonning satisfactorily under this Agreement or the applicable requirement of any other grant program administered by the Department. The notice will be sent by Certified Mail, with return receipt requested, to the designated contact person. Noncompliance under this section includes, but is not limited to, the Recipient's failure to submit timely, accurate and complete products required under this Agreement. End Attachment A 13 Agenda Item No. 16F3 September 13, 2005 Page 16 of 26 Attachment B SCOPE OF WORK AND SCHEDULE OF PAYMENTS PURPOSE Submission of completed hazards analyses that comply with the hazardous materials site-specffic hazards analysis criteria outlined in this Attachment. The primary guidance document is the -Technical Guidance for Hazards Analysis.- All hazards analyses shall be consistent with the provisions of this document. Any variation from the procedures outlined in this document must be requested in writing by certified mail, retum receipt requested and approved by the Department. I. SCOPE OF WORK TASK 1: Coordination of Activities The following includes, but is not limited to, activities to be performed under this Agreement: A. Submit to the Deparbnent by August 15, 2005 the Recipient's contact person's name, address, telephone number, E-mail address and the name of the software utilized to develop the hazards analyses. B. Submit to the Deparbnent by August 15, 2005 one completed sample hazards analysis for review of consistency with the established planning criteria. C. Of the facilities listed on Attachment C, fifty (50) percent of the completed hazards analyses, shall be submitted to the Deparbnent by no later than November 1, 2005 and the final fifty (50) percent of the completed hazards analyses shall be submitted to the Department by no later than February 1, 2006 except that later dates may be agreed upon in writing by both parties to this Agreement. Absent any extenuating circumstances and except as otherwise provided in this Agreement, work submitted after February 1, 2006 will not be accepted, reviewed or compensated. The Department will be the sole authority for determining extenuating circumstances and granting extensions to the work submission deadline. D. Within the period of the Agreement, participation in a technical assistance training session provided by the Deparbnent. The Deparbnent reserves the right to waive this requirement. E. Within the period of the Agreement, submit a list of facilities believed to have present Extremely Hazardous Substances (EHSs) as designated by the Environmental Protection Agency (EPA) in quantities at or above the Threshold Planning Quantity (TPQ), but have not reported to the State Emergency Response Commission (SERC). F. Ensure that the Hazards Analysis information is reflected in the county Local Mitigation Strategy. 14 Agenda Item No. 16F3 September 13, 2005 Page 17 of 26 TASK 2: Review and Uodate of Hazards Analvses A. Review and update hazards analyses for all facilities listed in Attachment C, which have reported to the SERC that they have present those specific EHSs designated by the EPA in quantities at or above the TPQ. It is required that each Attachment C facility be contacted by on-site visit to ensure accuracy of hazards analysis. Each facility hazards analysis must include, but is not limited to, the following items: 1. Facility Information a. Facility name and address Provide both physical address (no Post Office Box) and mailing address, if different. Identify any discrepancies regarding facility name and/or address compared to the Attachment C listing. b. Facility Identification SERC Code and geographic coordinates (latitude and longitude). c. Facility Emergency Coordinator Provide the name, title and telephone number (include 24-hour) of the designated facility emergency coordinator. d. Transportation Routes List the main routes used within the County to transport chemicals to and from the facility. e. Evacuation Routes Based on wind direction from the North, South, East and West, identify the route(s) from the facility to exit the Vulnerable Zone (VZ). f. Historical Accident Record Describe any past releases or incidents that have occurred at each facility. Include date, time, chemical name, quantity and number of persons injured or killed (This information is available from the facility). If it is determined that a facility does not have a historical accident record, that shall be noted. 2. Hazard Identification a. Chemical identities Provide proper chemical name, CAS number and natural physical state (according to exhibit C of the Technical Guidance for Hazards Analysis) of each EHS present at any time up to one year prior to the site visit b. Maximum quantity on-site Express in exact pounds (not range codes) the maximum quantity of each EHS the facility has on-site at any time up to one year prior to the site visit. 15 Agenda Item No, 16F3 September 13, 2005 Page 18 of 26 c. Amount in largest container or interconnected containers Express in pounds the amount of each EHS stored in the largest container or interconnected containers (this is the release amount used to determine the Vulnerable Zone). d. Type and design of storage container or vessel Indicate the storage method of each EHS, Le., drum, cylinder, tank, and their respective capacities (It is helpful to indicate system types such as manifold versus vacuum as well). e. Nature of the hazard Describe the type of hazard most likely to accompany a spill or release of each EHS, i.e., fire, explosion. 3. Vulnerability Analysis a. Extent of the Vulnerable Zone Identify the estimated geographical area that may be subject to concentrations of an airborne EHS at levels that could cause irreversible acute health effects or death to human populations within the area following an accidental release. Plot that geographical area on a map indicating the Vulnerable Zone for each EHS present at the facility at or above the TPQ. Enter the facility name, SERC code, chemical(s) name and vulnerable zone(s) radius on vulnerable zone map(s). b. Estimate Facility Population Provide an estimate of the maximum number of employees present at the facility at any given time, Le. if the facility is unmanned except for routine maintenance by only one person then, the number of employees present at any given time shall be noted as one. c. Critical Facilities Identify each critical facility and each facility's maximum expected occupancy, within each VZ, which are essential to emergency response or house special needs populations (schools, day cares, public safety facilities, hospitals, etc.). If there are no critical facilities within the VZ, that shall be noted. d. Estimated Exposed Population Provide an estimate of the maximum possible population (including facility employees, general population and critical facilities etc.) within the VZ(s) that would be affected in a worst case release for each EHS on site. 4. Risk Analysis a. Probability of release Rate the probability of release as Low, Moderate, or High based on observations at the facility. Considerations should include history ofsprevious incidents and current conditions and controls at the facility. 16 Agenda Item No. 16F3 September 13, 2005 Page 19 of 26 b. Severity of consequences of human injury Rate the severity of consequences if an actual release were to occur. c. Severity of consequences of damage to property Rate the potential damage to the facility, nearby buildings and infrastructure if an actual release were to occur. d. Severity of consequences of environmental exposure Rate the potential damage to the surrounding environmentally sensitive areas, natural habitat and wildlife if an actual release were to occur. B. Identify those facilities in Attachment C for which a hazards analysis was not submitted. Supporting documentation must be provided with a list to account for the facilities for which a hazards analysis was not completed. In addition to the SERC Code Identification, supporting documentation should indicate: 1. Facility has closed or is no longer in business. 2. Facility is not physically located in the County (indicate appropriate County location, if known). 3. Facility does not have EHSs on-site or EHSs are below TPQ. These facilities require: a. A Statement of Determination from the facility representative for the previous reporting year; or b. A letter from the facility representative fully explaining why the EHSs are not now present at or above TPQ and a date when the EHSs were removed from the facility . TASK 3: On-Site Visits A. Conduct a detailed on-site visit, within the period of this Agreement, of all the facilities listed in Attachment C, to confirm the accuracy and completeness of information in the hazards analysis (Task 2). B. Submit a compact disk or diskette with a high-resolution digital image that is date stamped within the period of this Agreement, of the EHS(s) on site at all applicable facilities listed on Attachment C. The recipient may expend funds from this grant to purchase a digital camera with the capability to perform the requirements listed above when a comparable camera is not available. Upon request, the Department may approve an alternate verifiable format. C. Submit a site plan map with the SERe code number and in sufficient detail to identify: 1. Location of major building(s) 2. Location and identification of EHS container(s) 3. Location of major street(s) and entrance(s) 4. North arrow and scale, if determined, or not to scale D. Provide the date of the on-site visit. 17 Agenda Item No. 16F3 September 13, 2005 Page 20 of 26 TASK 4: Submission. Distribution and Notification of the Aooroved Hazards Analvses A. Upon Department approval of all required hazards analyses, one (1) copy of each approved hazards analysis (hard copy and/or electronic folmat) shall be submitted to the Department. A complete copy of each approved hazards analysis shall be sent to the Local Emergency Planning Committee and a copy of the transmittal letter shall be submitted to the Department. B. Upon Department approval of all required hazards analyses, notify all facilities (for which a hazards analysis was required) and response agencies of the availability of the hazards analyses information, make that information available upon request and submit proof of said notification to the Department. II. SCHEDULE OF PAYMENTS A. The first payment of fifteen (15) percent of the fixed fee amount is payable upon receipt of an acceptable financial invoice (Attachment D), receipt of the Recipient's contact person's name, address, telephone number, E-mail address, name of software utilized to develop the hazards analyses and receipt of one completed sample hazards analysis due on or before August 15,2005. B. A second payment of thirty (30) percent of the fixed fee amount is payable upon receipt of an acceptable financial invoice (Attachment D) and the completed hazards analyses due on or before November 1, 2005. A third payment of thirty (30) percent of the fixed fee amount is payable upon receipt of an acceptable financial invoice (Attachment D) and the completed hazards analyses due on or before February 1, 2006. If less than the required amount of hazards analyses are submitted on the due dates, payments may be made on a performance basis that is commensurable with the percentage of hazards analyses submitted. C. A final payment equal to Twenty-five (25) percent of the fixed fee amount may be released upon receipt of an acceptable financial invoice (Attachment D) and upon Department approval of all required hazards analyses. End Attachment B 18 Agenda Item No. 16F3 September 13, 2005 Page 21 of 26 Attachment C COUNTY FACILITIES LISTING 19 Agenda Item No. 16F3 September 13, 2005 Page 22 of 26 Attachment D FINANCIAL INVOICE FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE RECIPIENT: COLLIER COUNTY AGREEMENT # TOTAL AMOUNT AMOUNT AMOUNT APPROVED REQUESTED BY THE BY THE RECIPIENT DEPARTMENT $ $ $ $ $ $ $ $ $ $ (To be completed by the Department) 1. Contact and Sample (15% Max.) 2. Hazards Analyses (30% Max.) (50% completed/submitted) 3. Hazards Analyses (30% Max.) (50% completed/submitted) 4. Final Work Product Completed (25%) I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms of the Agreement. Signature of Authorized Official/Title Date TOTAL AMOUNT TO BE PAID AS OF THIS INVOICE $ AUTHORIZED BY (To be completed by the Department) 20 Agenda Item No. 16F3 September 13, 2005 Page 23 of 26 Attachment E Warranties and Representations Financial Manaaement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program in accordance with Paragraph (7) and Paragraph (12) of this Agreement. (2) If applicable, records that identify adequately the source and application of funds for all federally-sponsored activities. These records shall contain information pertaining to Federal awards, authorizations, obligations, un-obligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of outlays with budget amounts for each award. Whenever appropriate, financial information should be related to performance and unit cost data. (5) If applicable, written procedures to minimize the time elapsing between the transfer of funds to the Recipient from the U.S. Treasury and the issuance or redemption of checks, warrants or payments by other means for program purposes by the recipient. To the extent that the provisions of the Cash Management Improvement Act (CMIA) (Pub. L. 101-453) govern, payment methods shall be consistent with CMIA Treasury-State Agreements or the CMIA default procedures codified at 31 CFR part 205, "Withdrawal of Cash from the Treasury for Advances under Federal Grant and Other Programs." (6) If applicable, written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable Federal cost principles and the terms and conditions of the award. (7) Accounting records, including cost accounting records that are supported by source documentation. ComDetition All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The recipient shall be alert to organizational conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the recipient. Any and all bids or offers may be rejected when it is in the recipient's interest to do so. Codes of Conduct The recipient shall maintain written standards of conduct goveming the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent 21 >- Agenda Item No. 16F3 September 13, 2005 Page 24 of 26 conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest In the firm selected for an award. The officers, employees, and agents of the recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to sub-agreements. However, recipients may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Business Hours The Recipient shall have Its offices open for business, with the entrance door open to the public, and at least one employee on site, from at least 9:00 am to 5:00 pm, Monday through Friday. Licensina and Permittina All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. End Attachment E 22 . Agenda Item No. 16F3 September 13, 2005 Page 25 of 26 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Govemor THADDEUS L. COHEN, AlA Secretary July 1,2005 Mr. Dan E. Summers Director of Operations Collier County Emergency Preparedness 3301 East Tamiami Trail Naples, Florida 34112 RECEIVED JUL - 5 Z005 EMERGENCY MANAGEMENT Dear Mr. Summers: The Florida Department of Community Affairs is pleased to award funds to update the Hazards Analysis data for your county. Based upon the allocation formula developed by the Division, your county is entitled to receive $8,113. This is a fixed fee, performance based agreement with its Scope of Work and Schedule of Payments outlined in Attachment B. There is no requirement to match the allocation with county funds. Your attention is directed to the following deliverable requirements contained in this Agreement: 1. The first set of deliverables (contact name. sample hazards analysis etc.) submission deadline is August 15. 2005. 2. The second set of deliverables (fifty percent of the Hazards Analyses Updates) submission deadline is November 1.2005. 3. The third set of deliverables (final fifty percent of the Hazards Analyses Updates) submission deadline is Februarv 1. 2006. 4. Finally, the contract requires documentation of site visits and site specific facility information. This requirement can be met by submitting a digital, date stamped, image of each Section 302 facility's chemical process(es) or, an alternate verifiable format may be approved by the Department upon request. A written request for extension must be approved prior to the original submission deadlines or funding may be ieopardized. The submission deadlines for the hazards analyses are required in order to allow Department staff sufficient time to complete the review process by the contract closeout date of June 30, 2006. 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE. FLORIDA 32399.2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet add ress: htto./Iwww.dca.state.fl.us CRlnCAL STATE CONCERN FIELD OFFICE 2796 Overseas HIghway. Suite 212 Marathon. FL 33050-=7 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boul.vard Tallahasaee. FL 32399-2100 (850) 48&-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulavard T.IIeha..... FL 32399-2100 (850) 413-9969 HOUSING" COMMUNITY DEVELOPMENT 2555 Shumard Oak BOUlevard Tallahassee. FL 32399-2100 (850) 48&-7956 Agenda Item No. 16F3 September 13, 2005 Page 26 of 26 Mr. Dan E. Summers July 1, 2005 Page Two Please notify the Department by July 15, 2005, whether your county intends to acceptor deny the funding. Enclosed are three copies of the Agreement for your review. A contract number will be assigned to the Agreement at the time of final execution and will appear on the signed original returned to you. If the county intends to accept the funding, please have the Chairperson of the Board of County Commissioners sign/date each copy and return them to the following address: Mr. Timothy Date, Manager Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 In an effort to increase efficiency, the Department is in the process of developing a revised scope of work for future hazards analyses contracts and welcomes any suggestions in this effort. One option under consideration is for county staff to complete a questionnaire during the facility site visit. The completed questionnaire along with the facility site plan and a picture (as described above) would be submitted to Department staff to complete the actual hazards analysis. Of course, depending on the changes to the scope of work, the funding formula may have to be adjusted. For this funding cycle, however, the scope of work has remained the same as last year. Once the Department has received the August 15,2005 deliverables (contact infonnation and sample hazards analysis), technical assistance visits can be scheduled. If you have any questions regarding the Agreement or its requirements, please call Mr. Timothy Date at (850) 410-1272. Sincerely, ~ rtfWfli; Sheri Powers, Program Administrator Bureau of Compliance Planning And Support SP/td Enclosures .- ."""...." Agenda Item No. 16F4 September 13, 2005 Page1of17 EXECUTIVESU~Y Recommendation to approve and execute License Agreements with Wal-Mart Stores, Inc., for use of its four Naples store' parking lots for distribution of disaster relief supplies to the public. OBJECTIVE: To provide Points of Distribution of relief supplies to the public in the aftermath of a major disaster. CONSIDERA TIONS: The hurricane season of 2004 taught all levels of government many valuable lessons. Having a Point of Distribution (POD) plan at the local level significantly contributes towards the public's return to normalcy should a major disaster affect them. A pre-identified POD is a location used for managing in-bound resources and rapidly distributing the bulk emergency relief supplies such as water, ice, food and tarps to the public. Ideally the site is situated in a manner to facilitate the public's ability to "drive-thru" the area to receive the supplies without having to leave their cars. The benefits for pre-identifying these locations are: . Reduces the time to arrange for the reception of suppliers from the state and delivery to the public. . If the main impediment for the public to re-occupy their homes be water and ice, this initiative reduces that. . Allows the public access to the immediate resource (tarps) to rapidly obtain and mitigate potential future losses to their property due to rainfall. Assisting Emergency Management with this task, Real Estate Services has identified thirteen potential POD sites, four of which are Wal-Mart Stores located strategically throughout the County. Wal-Mart has graciously, free of charge, offered to allow the County to use portions of the parking lots at its four stores in Collier County for this purpose. License Agreements for three of the stores are attached for your review and execution. The Agreement for the new Wal-Mart Store at CR 951 and Davis Blvd. is identical to the other three and will be forthcoming. Each License will commence upon execution by Chairman Coyle and run through December 31,2005. The License Agreements have been reviewed and approved by the County Attorney's Office and Risk Management Department. FISCAL IMPACT: None GROWm MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached License Agreements and authorize Chairman Coyle to execute the attached Agreements and the fourth Agreement once it is received and approved by the County Attorney's Office. PREPARED BY: Charles E. Carrington, Jr., SRIW A, Real Estate Services Manager Facilities Management Department Item Namar: Item Summary: MHllng 0"': COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F4 Agenda Item No. 16F4 September 13, 2005 Page 2 of 17 Recommendltion 10 approve- I!lnd execute Ucenee AgreementG with Wal-M.rt Stores., Inc" lor use Dilts. four Naple.t etore' p.rking l(lt~ tor di\!.tribution of disftSler relief s.upP'les to th~ public 9/13120059:00:00 AM Dote Approved B" RIchard Zyvoloski, CEM, FPEM County Man;/lger'a Office El1'Mlr~Nlcy ManllQemem Coordinator elOergency MantIQement 8/12/2005 1:08 PM Dote Approved B,: Dan E_ Surnrner. County Mana9"r'a otficlt Bureftu of Emerge-nc:y Servicea OirB<Jtor BUrv8U of Emergency S.l"lo'ices 8112/200.s 1:11 PM Dot. Approved B)' Skip Camp, C.F,M, Adminletrative ServiClI!Is Facillti... MllI1agemant Olr(lator Facllltie8 Managll!lrtlem 8/12120051:21 PM Date Approved 8)' James J. VonRlnteln County Manager's Office Emerg8f"ICY Mllnagement CDordlnator Elllfitrgency Manllgement 8/12/20051:51 PM Oat< Approved By OMB C.oordinator County MalUlgcn's Oft'ice AdminlltrlbveA....tollnt Office of Mlnagemerr.t & BUdget 8/15120057:38 AM Approved B~' Michael $mykow.ki County Manllger'e Offioe Management & Budget Director Oft'fce or Management & Budget Dote 8I1e12005 9':01 AM Dot. Approved B~' James V, Mudd Bo.nrd of County Commiukmer. COUt'lty Managor COUnty Mana;e,'G Office 8/1612005 ~:38 PM Agenda Item No. 16F4 September 13, 2005 Page 3 of 17 LICENSE AGREEMENT TInS LICENSE AGREEMENT ("Agreement"), made and entered into this _ day of 2005,_by, and between WAL-MART STORES, INC., of702 S.W. 8* Street with offices at 2001 S.E. 10* Street, Bentonville, Arkansas 72716-0550, Attn: Realty Management Dept. #44-9384 (collectively, "Licensor''); and Collier County ("Licensee"),with an address of 3301 East Tamiami Trail, Naples, FL 34112, Attn: Real Estate Services. WITNESSETH WHEREAS, Licensor is the owner ofi'holds a leasehold interest in that property known as Wal-Mart Store #1957 (exhibit A), located at 11225 TAMIAMI TRAIL North. Nanles FL ("Premises"), and WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the facility known as Wal-Mart Store #1957 ("License Area"), as depicted on Exhibit A; and WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be conducted by Licensee at the License Area, under such terms and conditions as are hereinafter more particularly set forth. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree as follows: 1. The Licensee is given pennission to occupy the License Area for the purpose of USln2 desi2ll8ted areas of the Darkinl!: lot in emer2encv situations for Distribution Points for the distnbution of ememencv supplies including but not limited to food. water. taros. armv rations. etc. for a neriod of 14 claw at a time (the ''Permitted Use'') on the License Area and for no other reason. The designated area to be used shall be determined by the sole discretion of the Store Manager ofWal-Mart Store #1957. Should the License Area be used for another purpose, Licensor may revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee shall secure at its sole cost and expense from all the appropriate authorities, all licenses and/or permits necessary to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable laws, rules, codes and/or other regulation governing such operation; obtain any and all necessary consents or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or regulatory body, city, county, state, or federal agency, or other such body. Any fee, fine, cost, levy, or other such charge resulting from the failure of Licensee to obtain and/or display any such item shall be the sole responsibility of Licensee. Failure to pay any such charge sba1l be a default under this Agreement. If such charge remains unpaid for a period of ten (10) days then Licensor may tenninate this Agreement. Licensor makes no representation as to the availability of pennits, and Licensor shall have no liability to Licensee in the event Licensee is unable for any reason to obtain pennits. Further, in the event Licensee is unable for any reason to obtain all licenses and/or pennits necessary to operate on the License Area, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately upon notification. 2. The term of the Agreement shall begin on upon execution of this Agreement by Licensee and end December 31, 2005 ("Term"). 3. In consideration of the privilege granted and conceded by the Licensor, Licensee sball pay as rent to Licensor the sum of $ 0 4. Licensee shall pay during the Term hereof all electrical, water, gas, telephone, and other public or private utility charges in connection with its occupancy and use of any License Area, including all costs of operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective through the end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee shall deliver to Licensor, within 10 days of written request, evidence that the utility companies have been notified to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the event Licensor receives any invoices for utilities for the period during which Licensee occupied the License Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor. Agenda Item No. 16F4 September 13, 2005 Page ~of 17 In the event Licensee fails to make payment Licensor shall be entitled to remit payment on behalf of Licensee. Licensee shall thereafter reimburse Licensor for the amount of the utility bill plus ten (10%) of the total to reimburse Licensor for its administrative expense. S. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash or debris. If Licensee shall fail to maintain the License Area occupied or used by Licensee hereunder in a clean manner, Licensor shall have the right to clean the License Area after five (5) days written notice to Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within thirty (30) days of its receipt or this Agreement shall immediately terminate, and Licensee shall vacate and surrender the License Area to Licensor. 6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If Licensee fails to cure within twenty-four (24) hours of notification, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. 7. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or tents be necessary for display or to conduct business, the tent or tents shall be freestanding and shall be located in an area which Licensor designates. Should damage occur to any License Area occupied or used by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be pennitted to invoice Licensee for all costs incwTed to repair such damage and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within thirty (30) days of its receipt or this Agreement shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to collect any outstanding reimbursements related to this Agreement. 8. Licensee hereby agrees and covenants that all items ("Property") placed in or on any License Area occupied or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant of the License Area, will be removed from the License Area as soon as practicable following termination of this Agreement, but in no event later than five (5) days following termination of this Agreement If Licensee fails to remove the Property within period, Licensor shall have the right to remove the Property from the License Area. Such Property shall become the sole and personal property of Licensor, and Licensor may dispose of it at its discretion. 9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee hereunder broom clean in the same condition as at the commencement of the term hereof, reasonable wear and tear excepted. Licensee further agrees and covenants that it will remove all property and clean any License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will contact Manager ofWal-Mart Operating Store #1957, located at 11225 TAMIAMI TRAIL North. NaDles FL, for a walk-through and return of key, if applicable, upon vacating the License Area. 10. Licensee hereby agrees and covenants that Licensee at aU times will indemnify and save, protect, defend and hold harmless the Licensor and the Premises of, from, and against any and aU liability, cost, damage, or expense, including reasonable attorney's fees and costs, and any fines whatsoever which may arise or be claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of the License Area by Licensee, the Licensee's agents, employees, or servants, or arising from or in connection with any other act or omission of Licensee, except for any liability, cost damage, or expense, including reasonable attorney's fees and costs and any fines whatsoever which may arise or be claimed by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the gross negligence or willful misconduct of licensor, its employees or agents. Licensor understands and agrees that Licensee's indemnification of Licensor above the insurance limits stated in Paragraph 12 is limited to the greatest extent allowed by Florida Law. S:\Barri\Naples FL Ucenle Agreement\E.mersency Services Ucell80 Apement-WM 111957.doc Sfl012005 Agenda Item No. 16F4 September 13, 2005 Page 5.3of 17 11. All Property belonging to Licensee, employees, agents, or invitees of Licensee, or any occupant of the License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and Licensor shall not be liable to damage thereto or theft or misappropriation thereof, provided, however, that should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be disposed of by Licensor without obligation to Licensee. 12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with companies licensed to do business in this State, in an amount not less than $2,000,000 single limited personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required coverage may be provided in the fonn of Comprehensive General Liability Insurance coverage together with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any existing, similar insurance carried by Licensor. Licensee shall furnish Licensor with a Certificate of Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies that may be owned by Licensor or Licensee, Licensee or Licensor and their respective insured, for the benefit of each other, waive any and all rights of subrogation that might otherwise exist. 13. Licensor hereby reserves the right during the Term hereof, for itself or its duly authorized agents or representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to any prospective purchaser, tenant or sub-tenant, or for any purpose for which Licensor may be required to go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the Premises for marketing andl or advertising purposes. 14. Solicitation andlor distnbution of literature is prolubited at all times in any area of the store building. Solicitation and lor distribution of literature is permitted outside the building provided the solicitation and distribution of literature does not unduly harass Wal-Mart's Associates or Customers and does not impede the free flow of traffic. Wal-Mart shall have the sole right to determine what constitutes undue harassment of its Associates and Customers, and Wal-Mart shall have sole right to determine whether the solicitation and lor distribution of literature impedes the free flow of traffic. No sign. poster, placard, display, handbill or written material shall contain or depict "fighting words", obscenities, pornography, gross or gruesome displays, highly inflammatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal-Mart shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph. Licensee shall be required to sign two (2) copies of the Solicitation and Distnbution of Literature Rules. Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets, pamphlets, or other written material. 15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal Express, or overnight delivery, and Licensee shall vacate and SUlTCDder any License Area then occupied to Licensor immediately with each party having all rights as if this Agreement has expired. IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed as of the date first herein written. S:\Bani\Naples FL License AgreementlEmergency Services l.icease Agreemenl- WM #1957,doc 8/1012005 LICENSEE: COLLIER COUNTY DATED: ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BY: LICENSOR: WAL-~' TORES,INC. By: /Y , Its:j\J iC'\t. e..,noOnoy- 1 ~ (\i ('I<" '0 oCt~~ fY'n~, DATED:....i\ 10\05 By: Agenda Item No. 16F4 September 13, 2005 Page l)k)f 17 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman S:\BarriINaples FL License Apeement\Emerpncy ServicoB Ucense Apeement-WM 1t~39\.doc 8/1 0/200~ vl.O,...... u..O..- c.oO_ ~NO oM""'" Z"""'Q,l E'-Ol Oleo Q,l.oo.. ::::.E roOl ,,- co.. Q,lOl OJ(/) <( Exhibit A 1 r ~.. ~ -1 , ...."............--e.... ifu If ' r. ,! J. -. ;:f. fllf ct): I. ~ Jf '" ..fW:,i '~.l :!Jl[ H!!"i)J! Ii ~" !" ..., ,." ,,,/ r.. IIF'U' " t JIII'IIJ lfo!!!!! AI))h Jr:!J",/i;'I'; iJ ~ . oJ 1";'4' II' ,- : : r I ;t, ;;11,'&(1:;; 'J~d..'! II ! fit 111f, t, I ~ J!l ~I t,' 1,,:.1 Il:.r: ~1 :I Iii .,:II!!"hlllllolllt' JlhJI:lf-j;:'i1;:'j t( ,,'.', "'h' i'I'I'r','r'!''','J l' (I ''''f'l _ __. :: ill Iii 'II" II" ,1;H;,jj;,;;i:,d:1H: -r.' lij ii ii, j '.'" .. I I.! I Ii, '; !!!;, /;/""-~"'~_ - "I ~/ ,': I ,'_'!..,i Ji,' ;I j .. /. ' -... -----. - m. .. :. ~""'-'7' .-'1' , . Ii, Ii / .~. ,I' '..! 1.1..., .l.:H ,,:;: ----~ . 1.' ,.' ' I' !" !'.; " /./' L,_ ~-.:L.: I !:! ' ' ,.-,. " :; , ' , : } I i]j (;7- j.1;'...,. ~ J !~ 11;-:. .\: -+.. -r. 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I~ . - :'~~ ~1 jd: 'Sj W.. ~~ ~~ a= . ~w ~~ ~-"" -" ,,- ---... .- I ~.~ ... - Agenda Item No. 16F4 September 13, 2005 Page 8 of 17 LICENSE AGREEMENT TInS liCENSE AGREEMENT ("Agreement''), made and entered into this _ day of 200S,_by, and between WAL-MART STORES, INC.. of702 S.W. Sib Street with offices at 2001 S.E. 101b Street, Bentonville, Arkansas 72716-0550, Attn: Realty Management Dept. #44-9384 (collectively, "Ucensor'')~ and Collier County ("Licensee"),with an address of 3301 East Tamiami Trail, Naples, FL 34112, Attn: Real Estate Services. WITNESS Em WHEREAS. Ucensor is the owner ofi'holds a leasehold interest in that property mown 88 Wal-Mart Store #1119 (Exhibit A), located at 3451 TAMIAMI TRAIL E. Naoles FL ("Premises"), and WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the facility mown 88 Wal-Mart Store #1119 ("License Area"), as depicted on Exhtbit A; and WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be conducted by Licensee at the License Area, under such terms and conditions 88 are hereiDafter more particularly set forth. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree as follows: 1. The Licensee is given permission to occupy the License Area for the purpose of U8~ desismated areas of the oarkinl!: lot in emerlleDCV situations for Distribution Points for the distribution of CD1el'Jencv suoolies includiwz but not limited to food. water. Wps. army rations. etc. for a period of 14 davs at a time (the "Permitted Use'') on the License Area and for no other reason. The designated area to be used shall be determined by the sole discretion of the Store Manager ofWal-Mart Store #1119. Should the License Area be used for another purpose, Ucensor may revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee shall secure at its sole cost and expense from all the appropriate authorities, all licenses andlor permits necessary to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable laws, mles, codes and/or other regulation governing such operation; obtain any and all necessary consents or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or regulatory body, city, county, state, or federal agency, or other such body. Any fee, fme, cost, levy, or other such charge resulting from the failure of Licensee to obtain andlor display any such item shall be the sole responsibility of Licensee. Failure to pay any such charge shall be a default under this Agreement. If such charge remains unpaid for a period often (10) days then Licensor may terminate this Agreement. Licensor makes no representation as to the availability of permits, and Licensor shall have no liability to Licensee in the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for any reason to obtain all licenses andlor pemrits necessary to operate on the License Area, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately upon notification. 2. The tenn of the Agreement shall begin on upon execution of this Agreement by Licensee and end December 31,2005 ("Term"). 3. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to Licensor the sum of $ 0 4. Licensee shall pay during the Term hereof all electrical, water, gas, telephone, and other public or private utility charges in connection with its occupancy and use of any License Area, including all costs of operating and maintaining all equipment therein. all business licenses, and similar permit fees. Effective through the end of the Term. Licensee shall pay directly to the applicable public utilities the cost of all utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee shall deliver to Licensor, within 10 days of written request, evidence that the utility companies have been notified to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the event Licensor receives any invoices for utilities for the period during which Licensee occupied the License Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor. Agenda Item No. 16F4 September 13, 2005 Page 9):)f 1 7 In the event Licensee fails to ma.ke payment Licensor sba1l be entitled to remit payment on behalf of Licensee. Licensee shall thereafter reimburse Licensor for the amount of the utility bill plus ten (10%) of the total to reimburse Licensor for its administrative expense. 5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash or debris. If Licensee shall fail to maintain the License Area occupied or used by Licensee hereunder in a clean manner, Licensor sba11 have the right to clean the License Area after five (5) days written notice to Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within thirty (30) days of its receipt or this Agreement shall immediately terminate, and Licensee shall vacate and llU1TeQder the License Area to Licensor. 6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If Licensee fails to cure within twenty-four (24) hours of notification, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. 7. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or tents be necessary for display or to conduct business, the tent or tents shall be freestanding and shall be located in an area which Licensor designates. Should damage occur to any License Area occupied or used by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be permitted to invoice Licensee for all costs incurred to repair such damage and to add a 15% adminiRtr'ative fee to such costs. Licensee sba11 pay such invoice within thirty (30) days of its receipt or this Agreement shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to collect any outstanding reimbursements related to this Agreement. 8. Licensee hereby agrees and covenants that all items (''Property'') placed in or on any License Area occupied or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant of the License Area, will be removed from the License Area as soon as practicable following termination of this Agreement, but in no event later than five (5) days following termination of this Agreement. If Licensee fails to remove the Property within period, Licensor shall have the right to remove the Property from the License Area. Such Property shall become the sole and personal property of Licensor, and Licensor may dispose of it at its discretion. 9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee hereunder broom clean in the same condition as at the commencement of the term hereof: reasonable wear and tear excepted. Licensee further agrees and covenants that it will remove all property and clean any License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will contact Manager ofWal-Mart Operating Store #1119, located at 3451 TAMIAMI TRAIL E. Naoles FL, for a walk-through and return of key, if applicable, upon vacating the License Area, 10. Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or expense, including reasonable attorney's fees and costs, and any tines whatsoever which may arise or be claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of the License Area by Licensee, the Licensee's agents, employees, or SCIVlUlts, or arising from or in connection with any other act or omission of Licensee, except for any liability, cost damage, or expense, including reasonable attorney's fees and costs and any fines whatsoever which may arise or be claimed by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the gross negligence or willful misconduct of licensor, its employees or agents. Licensor understands and agrees that Licensee's indemnification of Licensor above the insurance limits stated in Paragraph 12 is limited to the greatest extent allowed by Florida Law. S:\Bam'\Naples FL license AgreementlEmergency Services License AgreemeDt-WM 1/1119.doc 8Il0/200S 11. Agenda Item No. 16F4 September 13,2005 Page 1 OJ.:>f 17 All Property belonging to Licensee, employees, agents, or invitees of Licensee, or any occuplDt of the License Area, and on Licensor's Premises, shall be at the risk of LiCCD8CC or other person only, and Licensor shall not be liable to damage thereto or theft or misappropriation thereof, provided, however, that should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be disposed of by Licensor without obligation to LicCD8CC. . \ 12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with companies licensed to do business in this State, in an amount not less than $2,000,000 single limited personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required coverage may be provided in the form of Comprehensive General Liability Insurance coverage together with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any existing, similar insurance carried by Licensor. Licensee shall furnish Licensor with a Certificate of Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies that may be owned by Licensor or LicCD8CC, Licensee or Licensor and their respective insured, for the benefit of each other, waive any and all rights of subrogation that might otherwise exist 13. Licensor hereby reserves the right during the Tenn hereof, for itself or its duly authorized agents or representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to any prospective purchaser, tenant or sub-tenant, or for any purpose for which Licensor may be required to go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the Premises for marketing andlor advertising purposes. 14. Solicitation and/or distribution of literature is prohIbited at all times in any area of the store building. Solicitation and lor distribution of literature is permitted outside the building provided the solicitation and distribution of literature does not unduly harass Wal-Matt's Associates or Customers and does not impede the free flow of traffic. Wal-Mart shall have the sole right to determine what constitutes undue harassment of its Associates and Customers, and Wal-Mart shall have sole right to detennine whether the solicitation and lor distnbution of literature impedes the free flow of traffic. No sign, poster, placard, display, handbill or written material shall contain or depict "fighting words", obscenities, pornography, gross or gruesome displays, highly iuflammlltory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal-Mart shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph. Licensee shall be required to sign two (2) copies of the Solicitation and Distribution of Literature Rules. Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets, pamphlets, or other written material. 15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal Express, or overnight delivery, and Licensee shall vacate and surrender any License Area then occupied to Licensor immediately with each party having all rights as if this Agreement has expired. IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed as of the date first herein written. S:\Bani\NlIples FL UceIIIc A~ Services LiceIIIe A.ereement-WM III I 19,doc 8/1012005 ,,:k , t" i.. Ag~n(h"l 115m No. 1~f'4 SeptembGr 13,2005 Page 1140f 17 LICENSEE: COLLIER COUNTY DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Fred W. Coyle, Chainnan Deputy Clerk App~ to fonn ~ lepI.afllcieDcy: BY: yn ~ -~~omas Calmer Assistant County Attorney UC~ WAL- . OIlFB.INC. By: Its: (\i0t. ~ord\"{;v '. S{J(\\c1{ Ylna\~ ~~ DATED:~(D A%t~~ By: , . .1;;, ~ S:\Banf\Naples FL Ucense Agr=ment\Eme1'ReDCy Services Ucelllle Agreemem-WM 1f19S7.doe 8/1012005 ..q-U">f'- u....o.- SQ-S?,o N . .- "'-....CI) EmCl (]).o ctl ==Eo... co2 "00. CCl) ~C/) <:( : r--- !..5 l!l ~ \ t ~ :l( ; IiI ,C , I" l!i III : ill' ; J :Ii : Li I ~ C ~1;j!1 "I '/' ~.l:\ ~jp ~ !:l: ; I , .,~ ~ljH 61 ' is ! i Iq ~-I III.: ~ Iii I Irl it ~~ lliUw ----- Exhibit A ! ~l Iii ,...l,! , :li ' : I' I~I!. :!!i 'r I , ~. . :.1 :. ~.! ; : I. , I oj : ~, ~' ;~ ., J. :;' . ~ ;~ - ~c ~J z ~i , Hi \... ; = s. .~i;i :; LI ~ :; E Ii: , ~ ~ ~ i , . :~: ;- ~ . J . . Agenda Item No. 16F4 September 13, 2005 Page 13 of 17 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement''), made and entered into this _ clay of 2005,.by, and between W AL-MART STORES, INC., of702 S.W. 81b Street with offices at 2001 S.E. 101b Street, Bentonville, Arkansas 72716-0550, Attn: Realty Management Dept. #44-9384 (collectively, "Licensor"); and Collier County (''Licensee''),with an address of 3301 East Tamiami Trail, Naples, FL 34112, Attn: Real Estate Services. WITNESSETH WHEREAS, Licensor is the owner otlholds a leasehold interest in that property known as Wai-Mart Store #5391 (exhibit A), located at 5420 Cormorant Ave. Nanles FL ("Premises"), and WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the facility known as Wal-Mart Store #5391 (''License Area"), as depicted on Exlubit A; and WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be conducted by Licensee at the License Area, under such terms and conditions as are hereinafter more particularly set forth. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree as follows; 1. The Licensee is given permission to occupy the License Area for the purpose of usini desi2JUlted areas of the narkinll lot in emereencv situations for Distribution Points for the distribution of emerg:encv su,nnlies includine but not limited to food. water. tams. armv rations. etc. for a oeriod of 14 claw at a time (the "Permitted Use") on the License Area and for no other reason. The designated area to be used shall be determined by the sole discretion of the Store Manager ofWal-Mart Store #5391. Should the License Area be used for another purpose, Licensor may revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee sba11 secure at its sole cost and expense from all the appropriate authorities, all licenses and/or permits necessary to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable laws, rules, codes and/or other regulation governing such operation; obtain any and all necessary consents or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or regulatory body, city, county, state, or federal agency, or other such body. Any fee, fine, cost, levy, or other such charge resulting from the failure of Licensee to obtain and/or display any such item shall be the sole responsibility of Licensee. Failw-e to pay any such charge shall be a default under this Agreement. If such charge remains unpaid for a period of ten (10) clays then Licensor may terminate this Agreement. Licensor makes no representation as to the availability of permits, and Licensor sball have no liability to Licensee in the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for any reason to obtain all licenses and/or permits necessary to operate on the License Area, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately upon notification. 2. The term of the Agreement shall begin on upon execution of this Agreement by Licensee and end December 31,2005 ("Term"). 3. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to Licensor the sum of $ 0 4. Licensee shall pay during the Term hereof all electrical, water, gas, telephone, and other public or private utility charges in connection with its occupancy and use of any License Area, including all costs of operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective through the end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee sball deliver to Licensor, within 10 days of written request, evidence that the utility companies have been notified to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the event Licensor receives any invoices for utilities for the period during which Licensee occupied the License Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor. . l' ~ . Agenda Item No. 16F4 September 13, 2005 Page 14~f 17 In the event Licensee fails to make payment Licensor shall be entitled to remit payment on behalf of Licensee. Licensee sball thereafter reimburse Licensor for the amount of the utility bill plus ten (10%) of the total to reimburse Licensor for its administrative expense. 5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash or debris. If Licensee shall fail to maintain the License Area occupied or used by Licensee hereunder in a clean manner, Licensor sball have the right to clean the License Area after five (5) days written notice to Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within thirty (30) days of its receipt or this Agreement sball immediately terminate, and Licensee shall vacate and surrender the License Area to Licensor. 6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If Licensee fails to cure within twenty-four (24) hours of notification, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. 7. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or tents be necessary for display or to conduct business, the tent or tents shall be freestanding and shall be located in an area which Licensor designates. Should damage occur to any License Area occupied or used by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be permitted to invoice Licensee for all costs incurred to repair such damage and to add a 15% administtative fee to such costs. Licensee shall pay such invoice within thirty (30) days of its receipt or this Agreement shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to collect any outstanding reimbursements related to this Agreement. 8. Licensee hereby agrees and covenants that all items ("Property") placed in or on any License Area occupied or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant of the License Area, will be removed from the License Area as soon as practicable following termination of this Agreement, but in no event later than five (5) days following termination of this Agreement. If Licensee fails to remove the Property within period, Licensor shall have the right to remove the Property from the License Area. Such Property shall become the sole and personal property of Licensor, and Licensor may dispose of it at its discretion. 9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee hereunder broom clean in the same condition as at the commencement of the term hereof, reasonable wear and tear excepted. Licensee further agrees and covenants that it will remove all property and clean any License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will contact Manager ofWal-Mart Operating Store #5391, located at 5420 Cormorant Ave. Naples FL. for a walk-through and return of key, if applicable, upon vacating the License Area. 10. Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or expense, including reasonable attorney's fees and costs, and any fines whatsoever which may arise or be claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of the License Area by Licensee, the Licensee's agents, employees, or servants, or arising from or in connection with any other act or omission of Licensee, except for any liability, cost damage, or expense, including reasonable attorney's fees and costs and any fines whatsoever which may arise or be claimed by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the gross negligence or willful misconduct of licensor, its employees or agents. Licensor understands and agrees that Licensee's indemnification of Licensor above the insurance limits stated in Paragraph 12 is limited to the greatest extent allowed by Florida Law. S:\BarriINaplca FL ~ AiJ'CCIIlCnt\Emcrpncy Scrviccs LicCIIIC AgrcomeaI-WM "391.doc: 8/1012005 . I I , . Agenda Item No. 16F4 September 13, 2005 Page 1530f 17 II. All Property belonging to Licensee, employees, agents, or invit:ees of Licensee, or any occupant of the License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and Licensor shaD not be liable to damage thereto or theft or misappropriation thereof, provided, however, that should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be disposed of by Licensor without obligation to Licensee. 12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with companies licensed to do business in this State, in an amount not less than $2,000,000 single limited personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required coverage may be provided in the form of Comprehensive General Liability Insurance coverage together with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any existing, similar insurance canied by Licensor. Licensee shall furnish Licensor with a Certificate of Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies that may be owned by Licensor or Licensee, Licensee or Licensor and their respective insured, for the benefit of each other, waive any and all rights of subrogation that might otherwise exist. 13. Licensor hereby reserves the right during the Term hereof, for itself or its duly authorized agents or representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to any prospective purchaser, tenant or sub-tenant, or for any purpose for which Licensor may be required to go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the Premises for marketing and/or advertising purposes. 14. Solicitation and/or distribution of literature is prolnbited at all times in any area of the store building. Solicitation and lor distribution of literature is permitted outside the building provided the solicitation and distribution of literature does not unduly harass Wal-Mart's Associates or Customers and does not impede the free flow of traffic. Wal-Mart shall have the sole right to determine what constitutes undue harassment of its Associates and Customers, and Wal-Mart shall have sole right to determine whether the solicitation and lor distribution of literature impedes the free flow of traffic. No sign. poster, placard, display, handbill or written material shall contain or depict "fighting words", obscenities, pornography, gross or gruesome displays, highly inflammatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal-Mart shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph. Licensee shall be required to sign two (2) copies of the Solicitation and Distribution of Literature Rules. Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets, pamphlets, or other written material. IS. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal Express, or overnight delivery, and Licensee shall vacate and surrender any License Area then occupied to Licensor immediately with each party having all rights as if this Agreement has expired. IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed as of the date first herein written. S:\B8mINaplcs FL License Agreemc:nl\Emcrgency Services UcoIl8C AgrcclDOlll-WM IIS391.doc 8/1012ooS .' I t- Agenda Item No. 16F4 September 13, 2005 Page 16t.of 17 LICENSEE: COLLIER COUNTY DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Fred W. Coyle, Chairman LICENSOR: WAL-MAR~S RES, INC. By: k _ ,/#fL Its: V\ic,\.t ~NY\ro( I ~(\i 01" QoG.\~ \"'\"o~ DATED:MC6 ATTES . By: S:\BamiNaples Fl.. LiceD8e Ap-eemeIlt\Fmergency Services License Apeement-WM ~t119.cIoc 8/1012005 Agenda Item No. 16F4 September 13, 2005 Page 17 of 17 Exhibit A 8;1'l l: ....... "Rl.-==--~';":':::":;:':::':::';'::';:;::':;'- - - . .~ "j ._'; ~:...:..", "f',;.."",~"",-;;:~,..;~""~,,~,,.~"';.~.l':'-"~::;-""'~--~.'_. ..;;.~'-=:i"",".~';~:'''__'' 01 \ ~'II l$ ~. \! C;:;~;;~;;:::~~Thf~~~;:~;;~ 0=~=~~'i~\ !i,; nil! , C}ill'ltHIlI.:.HHiU~illU:IIH:.'II~1+IHH) ~\~~~~~~':~~~;~~ ,'.~.~ F:.l.'I ~ ~lts. \!. "11.:J_U_~.I~~llll~~:?~:.',IO =.~~(~~.~~~.~~ l~,,:.'l: '~.:t.1 II ~Ih..,~"j : to. "\ ;,. - f!,.tt1"(ll/-W'lil/l~:),f/Ph) .~'I "1. ~I I :acai It ...- "'--:H ~~~~.~~~t' ;:,:'~~~{;,:) . ~ ~~ .~..J.'l " . __J.. t,. C:~l,\\y'\"'.\;;""" ~.--_... "-n ,~. n.. III ',\ . ' ,~,_,"" .\\\\' '"-..--- -- .~. ,.-.-- tl '\ ~ I !l r~o~~~Z\'-'{') {3t\-;;:. .:' _,I . . tL~: .; i ~ ~ ~ " \;.,\ I!, I- II 'u. 01///.I.N/;;//,;/l'I-1/I/I'>::i i \ ',' , ,. H ~~ . ,'", .~Il~: -j JtIflK{/11.1//I/J nT/TV:::I1 , " ',' : I ~~i lil~ ~J'j (~\~~'~~~\\~0 ~i~'j:'" ,'[ \ ~ ~'ll///'M~mli.J/l ~; ',' I,' \' :. (~~\\~~\~~ _\~~~~~::~~ ~I ,I ' :. f _-' l ..f\_\\\-":\, ,\\; ~'\X ,\'.;\\\\:';\\J ~~ ,'t. 1 ['-' - :', {il~/.J/fn/lIIJ!.LI./il!'" :1 #,'" !, , :u ..c=:.::.:,.; , r.4iTlllk'Ji/ll7I. Tlll)::J I \ ',._.....; p. ~\\\\t;..""\~'~':..\\'~~,'S') C, ll,... II! ill...' TJ11 t E":-Z: i, f.'L:: I} ;;'.:;'r:'-'.;' .- ,=-.':~." :' ,. ~ I !":'. ,~~: II ..)l. : i ,:-:-. .:.0".. ;.-' \;~. t . , \ . ,~...~I II ~ .\ t..~ , I ' ,:' , ... :' 1:11." ....t - GTrfii'~;~ :.i:inril~'rrl~) I 'rll'i;- ~ ~ .qV.. ..'.1 I, GII'ttlHtIIltI, III! I nll11 H,U!1l I 'i I,~ '~"i;: f:;'~ r . ". . ,J,~J' . .,1]..+ B.IHHi.H HHH~. 11.'IIH~ \J II;.JH H.HD , !'.. \ · 4 . f..l~':;:\\;:;l:~:\ ! i "~,J::,-"_.JJl~ll[;-!J~,JJ;",J!!IJ.UJHJ,!!-!)b.l~w/,.rJr. :' "T--.~ " : !. \ l~,; ;td II 't;o. ... _.. .. -- - "l1l~ '''' .. , ~ \ , . I . :1 Iii ... -.-....-..... " _.........,;. ""(,I.... UIV't3_ .....-.,...~ ....~,.....~~"''''........~~......~~.~ ,,no. .II,U! If ii~i' 'iU ~,:, !.~:: .. '~II (, '5Yt ( Agenda Item No. 16F5 September 13, 2005 Page 1 of 4 _. EXECUTIVE SUMMARY Recommendation to Approve Resolution Requesting that the Trustees of the Internal Improvement Fund Establish an Erosion Control Line on the Gulf of Mexico Shoreline along Pelican Bay and Northern Park Shore; Setting Forth Findings; and Providing for an Effective Date. OBJECTIVE: To obtain approval of Resolution requesting that the Trustees of the Internal Improvement Fund establish an erosion control line. CONSIDERATIONS: The establishment of an Erosion Control Line (ECL) is required by the Florida Department of Environmental Protection (FDEP) prior to their issuance of a Notice to Proceed to re-nourish Naples, Park Shore, Vanderbilt and Pelican Bay Beaches. A resolution in support of FDEP for the establishment of the ECL is attached for approval. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. -- RECOMMENDATION: That the Board of County Commissioners approve a resolution requesting that the Trustees of the Internal Improvement Fund establish an Erosion Control Line on the Gulf of Mexico shoreline along Pelican Bay and Northern Park Shore; setting forth findings; and providing for an effective date. PREPARED BY: Gary McAlpin, Senior Project Manager - Item Number: ttem Summary: Meeting Date: Agenda Item No. 16F5 September 13, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F5 Recommendation to Approve Resolution Requesting that the Trustees of the Internal Improvement Fund Establish ftn Erosion Con1rolline on the Gulf of Mexico Shoreline nlong Pelican Bay and Northern Pork Shore: Setting Forth Findings: and Providing for an Effective Date 9113120059:00:00 AM Costal Project Manager 0'" Approved By Gary McAlpin County Manager'S!. Office Tourism 8131/2005 3:39 PM T our!s", Director 0... Approved By Jack Wert County Manager'. Office Touri$m 6/3112005 3:49 PM OMS Coordinator Adminiflrative Assistnnt 0... AIJproved By County Manager'1 orflCB Office of Management & Budget &131120054:05 PM Mark l511ckaon 0... Approved By County ManaQe"t'S Office Budget Analyst Office of Management & Budget 9/1120059:38 AM Michael Smykowskl MantlgerJle'nt & Budget Oireelo( 0... Approved By County Manlger'a OffIce Offir.e of Managernen1 & Budget 9/1(20053:29 PM Approved By James V. Mudd Board of County Commiasioners County Ma nager Date County Man.ger's OffIce 9/2!2005 5~12 PM Agenda Item No. 16F5 September 13, 2005 Page 3 of 4 RESOLUTION NO. 2005_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA REQUESTING THAT THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND ESTABLISH AN EROSION CONTROL LINE ON THE GULF OF MEXICO SHORELINE ALONG PELICAN BAY AND NORTHERN PARK SHORE; SETTING FORTH FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Gulf shoreline continues to severely erode, resulting in minimal beach width; and WHEREAS, a large beach profile provides the best protection for upland properties for a severe storm event; and WHEREAS, the Board of County Commissioners of Collier County, Florida, serving as the local project sponsor, desires to help mitigate the erosive impacts and provide for beach preservation and beach nourishment along the beaches in Collier County; and WHEREAS, Collier County, acting as local sponsor with the U. S. Army Corps of Engineers, proposes to renourish the beach area in Pelican Bay and northern Park Shore; and WHEREAS, it is necessary to delineate the boundary between upland properties and State-owned submerged lands before undertaking such a sand transfer project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The Board requests that the Trustees of the Internal Improvement Trust Fund establish an Erosion Control Line on the shoreline in Park Shore from approximately Monument R-44 to R-50 and in northern Park Shore from Monument R-31 to R-36. 2. This Resolution shall take effect immediately upon its adoption. Agenda Item No. 16F5 September 13, 2005 Page 4 of 4 - TIllS RESOLUTION ADOPTED this _ day of . 2005. after a motion, second and majority vote favoring same. DATED: ATTEST: DWIGlIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: . Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: fkJ fA Heidi F. A~ton Assistant County Attorney CPlHFA \Reso2005\ErosionControIGulfof Mexico Agenda Item No. 16F6 September 13, 2005 Page 1 of 7 ,-..-'- EXECUTIVE SUMMARY Recommendation to approve an Agreement between Collier County and the City of Marco Island to provide fire protection and rescue services to the unincorporated area of the County known as Goodland at an annual cost of $102,415 OBJECTIVE: To obtain fire protection and rescue services for the unincorporated area of Co llier County known as Goodland by entering into an Agreement for Service with the City of Marco Island. CONSIDERA TIONS: The City of Marco Island (City), since its incorporation, has provided fire protection and rescue services to the Goodland area through an agreement with the County. The current agreement provides for service to the unincorporated areas of Goodland and Key Marco and, per the agreement terms, will expire on September 30, 2005. The City has requested that the agreement be renegotiated. With the annexation of the Key Marco area into the City, it is no longer cost effective for the City to provide these services under the terms of the current agreement. - After negotiations with the City, staff is recommending that the Board approve a new Agreement for Services to commence on October 1, 2005 and end on September 30, 2007. The Agreement will be extended for additional two (2) year terms unless either party desires to terminate or re-negotiate. The County agrees to pay the City the annual sum of $102,415. The City agrees to provide emergency and non-emergency fire protection and rescue services consistent with or exceeding the services generally being provided to the City of Marco Island. The fire protection services are funded by the GoodlandIHorr's Island Fire District MSTIJ. Per the terms of the Agreement, the annual cost for services will increase from $56,600 to $102,415 which represents an increase in millage from 0.4746 mills to 1.3632 mills or a dollar increase of$88.86 per $100,000 of taxable value. The alternative to the Agreement with the City is to include Goodland in the Collier County Fire Control MSTIJ which funds fire protection and rescue services to the unincorporated areas of the County not located within the boundaries of existing fire control districts. This alternative would result in a larger cost increase to the residents of Goodland as the current millage rate for the Collier County Fire Control MSTIJ is 2 mills. FISCAL IMPACT: Funds in the amount of $102,415 have been budgeted for FY 06 in Fund 149, GoodlandIHorr's Island Fire District. .,,4-...., GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. Agenda Item No. 16F6 September 13, 2005 Page 2 of 7 RECOMMENDATION: That the Board of County Commissioners approve the Agreement between Collier County and the City of Marco Island to provide fire protection and rescue services to the unincorporated area known as Good1and at an annual cost of$102,415. Prepared By: Darcy Waldron, Sr. Administrative Assistant Department of Emergency Management Agenda Item No. 16F6 September 13, 2005 Page 3 of 7 INTERLOCAL AGREEMENT FOR FIRE AND RESCUE SERVICES This Agreement, made and entered into this day of , 2005 by and between the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as the "COUNTY"), and the City of Marco Island, Florida, (hereinafter referred to as "City"). WHEREAS, it is the desire of the County to provide fire protection to the Goodland and Key Marco areas of Collier County, and WHEREAS, the County desires to provide said fire protection to a portion of Collier County by agreement with the City, and; WHEREAS, the above referenced portion of the County shall hereinafter be referred to as the "Service Area", a map delineating the Service Area is attached hereto as Exhibit "A". It shall be within the following boundaries: The unincorporated area of the County known as Goodland. NOW THEREFORE, In consideration of the mutual covenants contained herein the parties hereby agree as follows: 1. TERM OF AGREEMENT: This Agreement shall commence on the 1st day of October 2005, and will continue for a period of two (2) years, ending on the 30th day of September, 2007. Thereafter, this agreement shall be extended for additional two (2) year terms under the same covenants, terms and conditions, unless either party desires to terminate or renegotiate this agreement. In the event either party desires to terminate or renegotiate this agreement, it shall provide written notice of its intention to the other party not less than 30 days prior. If the City terminates, the City will continue such service for a reasonable period of time to allow the County to provide alternative fire and rescue protection. The maximum length of such reasonable period shall be six (6) months after the termination of the Contract by the City. Payment for services during the six (6) month period beyond the expiration date will be based on the monthly-prorated amount of the annual contract period. In the absence of the 30 day prior written notice of intent to terminate the Agreement by either party, the Contract shall continue in force until written notice is given, or until the Contract is renegotiated on terms mutually agreed upon by the parties. 2. TERMS OF PAYMENT: For the initial year of the contract, the County agrees to pay the City the annual sum of One Hundred and Two Thousand, Four Hundred Fifteen Dollars ($102,415), payable annually on or before January 31st of each contract year. 3. SERVICE LEVEL: The City agrees to provide fire protection and rescue services to the service area by the City of Marco Island Fire/Rescue Department and equipment available at the time of any emergency call. All decisions on manpower and equipment will be made by the Marco Island Fire Chief, or in his absence, by one of his Agenda Item No. 16F6 September 13, 2005 Page 4 of 7 assistants. Firefighting service will be performed in a professional manner consistent with modern firefighting practices and consistent with or exceeding the services generally being provided to the City of Marco Island. Fire protection and rescue services provided by the City will include all emergency and non-emergency services normally performed by the Fire Department, including all those services required by law. This Agreement does not alter the Mutual Aid Agreement between the City and County. 4. COMMAND AT FIRE SCENE: The Marco Island Fire Chief, or in his absence, one of his assistants, shall assume control and responsibility of all fire or other applicable emergencies in the Service Area where the City has responded. 5. EQUIPMENT AND PERSONNEL: The City shall maintain equipment and personnel necessary to provide adequate fire protection and rescue services to the service area. The City shall be responsible for properly training all of said personnel. 6. RECORDS: The City agrees to maintain records on all responses and provide statistics as necessary. 7. BREACH OF CONTRACT: Non-compliance with any provIsion of this Agreement by either party shall constitute a material breach. The breaching party shall have seven (7) days after receipt of written notice of any breach to correct that breach, or if corrections cannot be made within the seven (7) day period, a reasonable agreed upon time shall be given to correct the breach. In the event the breach cannot be cured within such time periods, the non-breaching party may declare the contract terminated, and shall so notify the other party in writing. In such event, an adjustment in the contract payment shall be made based upon a monthly-prorated amount of the annual contract payment. 8. CONSENT OF THE PARTIES: The City hereby agrees not to enter into a contract for fire protection and rescue services with any individuals or organizations within the service area of Collier County without the written consent of the County. 9. INDEMNITY AND INSURANCE: A. INDEMNITY. CITY agrees, to the extent allowed by Section 768.28 F. S., that it will indemnify, defend, and hold harmless COUNTY and all of COUNTY'S officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by CITY, its agents, employees, or subcontractors during the performance of this agreement, whether direct or indirect, and whether to any person or property to which COUNTY or said parties may be subject, except that neither CITY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of COUNTY or any of its officers, agents, or employees. It is specifically agreed between the parties executing this agreement that it is not intended by any of the provisions of any part of the agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. Agenda Item No. 16F6 September 13, 2005 Page 5 of 7 B. LIABILITY INSURANCE. The CITY covenants to keep in force during the period of this agreement adequate public liability insurance and property damage insurance. 10. NON-APPROPRIATIONS CLAUSE: If for any reason the City or County's governing body does not approve the funds to implement this contract in any given fiscal year, the contract shall be null and void. 11. NOTICES: Any notices permitted or required by this Agreement shall be in writing and submitted by certified mail, return receipt requested, to one of the following addresses, as appropriate. a) Notices from the City to the County shall be sent to: Leo E. Dchs, Jr., Assistant County Manager, 3301 E. Tamiami Trail, Building H, Naples, Florida 34112. b) Notices from the County to the City shall be sent to: A. William Moss, City Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, Florida 34145. IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have executed this Interlocal Agreement for Fire and Rescue Services. The City of Marco Island, Florida Board of County Commissioners Collier County, Florida By: tJ~ 'A.l1JdJ ~ Vickie Kelber, Chairwoman Fred W. Coyle, Chairman By: Attest: Dwight E. Brock, Clerk By; ~C1erk By: Deputy Clerk, Attest as to Chairman's signature only Approved as to form and Legal sufficiency for the City of Marco Island, Florida: Approved as to form and Legal sufficiency for Collier County: By: .-(LLt:>. ~_ City Attorney By: ~ .A {~~~~ Assistant County Attorney Agenda Item No. 16F6 September 13, 2005 Page 6 of 7 ~- ~ 0 co "'- . .~",:h":~.'",'1~.~;.;~~;Il.'" ~'\:?/.:~:?'liMt.; ~. ~ 0.. -0.. '" <> <> '" <> '" >. :; ...., '" .. " ., Ql i 3: GOODLAND Item Number: Item Summary: Meeting Date: Agenda Hem No.1 6F5 September 13, 2005 Page 7 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F6 Recommendation 10 approve an Agreement between Collier County and the City of Marco Island to provide fire prolection and rescue services to the unincorporated area of the County known as Goodland at an annual cosl of $102,415. 9/13/20059:00:00 AM Senior AdmlnistratiV<!- AstiistIJn1 om 6/18120054:01 PM Approved By Darcy Waldron County Manager's Office Errmrgency Management Bur.etau of Emergency Services Director Date 3!1912005 4:11 PM Approved By Dan E. Surnmel'1il County Manager'. omce Bureau of Emergency Services Date Approved By OMB Coordinator County Manager's Office Adminlstratlye A8slstant Office of ManagelTlf:lnt & Budget 8/2412005 8:15 AM Om. Approved By Miehael SmykowBkI County Manager's Office M.anagement &. Budget Director Offic~ 01 Management & Budget 8/25/200510:44 AM 0... Approved By Leo E. Ochs. Jr. Board of County Commissioners Deputy County Ml.ltutgor County Manager's Office 6/291200& 4:36 PM <,-. Agenda Item No. 16F7 September 13, 2005 Page 1 of 1.2 ~ EXECUTIVE SUMMARY Authorize the Chairman to sign an Interlocal Agreement with the Southwest Florida Workforce Development Board for continuation of the Southwest Florida Job Training Consortium OBJECTIVE: For the Board of County Commissioners to authorize the Chairman to sign an Interlocal Agreement with the Southwest Florida Workforce Development Board for continuation of the Southwest Florida Job Training Consortium. CONSIDERATIONS: The Workforce Investment Act of 1998, federal Public Law 105- 220, replaced the Job Training Partnership Act as amended in 1996, and restructured a multitude of workforce development programs into an integrated workforce investment system and authorized the expenditure of federal funds for allowable services and activities in local workforce investment (development) areas. The counties of Charlotte, Collier, Glades, Hendry, and Lee were designated by the Governor of the State of Florida, as recommended by the Jobs and Education Partnership in 1996, to form a five county workforce development area, Region 24, and this designation has been automatically approved by the current Governor to continue under the Workforce Investment Act. .-... The five partiCipating counties had previously entered into an Interlocal Agreement in 1996 creating the Southwest Florida Job Training Consortium and had entered into agreement with a Private Industry Council acting as grant recipient and administrative entity until such time as the Southwest Florida Workforce Development Board, Inc. was formed, and continued under that agreement. The current Agreement expired June 30, 2005. Therefore, another Interlocal Agreement needs to be made and entered into between the Boards of County Commissioners for Charlotte, Collier, Glades, Hendry, and Lee Counties for continuation of the Southwest Florida Job Training Consortium. The proposed Agreement is retroactive to the 11t day of July 2005 and runs through June 30, 2007. FISCAL IMPACT: There is no direct fiscal impact associated with the continuation of the Southwest Florida Job Training Consortium. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan associated with this item. LEGAL CONSIDERATIONS: The County Attorney's Office has approved the attached Interlocal Agreement as to form and legal sufficiency. RECOMMENDATION: That the Board authorize the Chairman to sign the Interlocal Agreement. ATTACHMENT: Proposed Interlocal Agreement with the Southwest Florida Workforce Development Board for continuation of the Southwest Florida Job Training Consortium. .-.... PREPARED BY: Winona Stone, Assistant to the County Manager Item Number. Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F7 Agenda Item No. 16F7 Seplember 13, 2005 Page 2 of 12 Authorize the Chairmen 10 sign an Interloce! Agreement with the Southw~t Florida Workforce Development Board for continuation of Ihe Southwest Florida Job Training Consortium 9/13.'2005 9;00;00 AM Dato Approved B)' Leo E. Ochs, Jr Board of County COmmi$Bioners Deputy County Manager County Manager's Office 8/231200512:11 PM Agenda Item No. 16F7 September 13, 2005 Page 3 of 1? WORKFORCE INVESTMENT ACT INTERLOCAL AGREEMENT FOR THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM This Agreement is made and entered into between the Boards of County Commissioners for Charlotte, Collier, Glades, Hendry, and Lee Counties, political subdivisions of the State of Florida, for continuation of the Southwest Florida Job Training Consortium. WHEREAS, the Workforce Investment Act of 1998, hereinafter referred to as the Act, federal Public Law 105-220, replaced the Job Training Partnership Act as amended in 1996, and restructured a multitude of workforce development programs into an integrated workforce investment system and authorized the expenditure of federal funds for allowable services and activities in local workforce investment (development) areas, and; WHEREAS, the counties of Charlotte, Collier, Glades, Hendry, and Lee were designated by the Governor of the State of Florida, as recommended by the Jobs and Education Partnership in 1996, to form a five county workforce development area, Region 24, and this designation has been automatically approved by the current Governor to continue under the Workforce Investment Act; WHEREAS, the five participating counties had previously entered into an interloca1 agreement in 1996 creating the Southwest Florida Job Training Consortium and had entered into agreement with a Private Industry Council acting as grant recipient and administrative entity until such time as the Southwest Florida Workforce Development Board, Inc. was formed, and continued under that agreement; WHEREAS, the Region 24 Workforce Investment Area is required to submit a Workforce Investment Act plan pursuant to Section 118 of the Act; NOW THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: I. Continuation of the Southwest Job Training Consortium. A. By virtue of the earlier Interlocal Agreement, the partICIpating five counties agree to accept the Governor's designation of the five county local area as Workforce Investment Area for Region 24 for purposes of programs promulgated under the Act; B. By virtue of the earlier Interlocal Agreement, the five counties agree to continue the Southwest Florida Job Training Consortium (the "Consortium") which is composed of the Chief Local Elected Official (Chair) from each of the participating County Commissions, or a designee, who shall be an elected County Commissioner. These five Chairs will Agenda Item No, 16Fl September 13, 2005 Page 4 of 12 elect one member of the Consortium to serve as Chair of the Consortium. This position may then rotate each year according to procedures developed by the Consortium. II Authority and Responsibilities of the Southwest Florida Job Training Consortium. A. Section 117, 118, and 121 of the Workforce Investment Act is hereby incorporated within this Agreement as is set out herein. B. The Consortium shall request any change in the number of local board members of the Southwest Florida Workforce Development Board, Inc. that will represent each county, identify which sector they will represent, identify the length of term, and request certification from the Governor should any changes to the current representation be required, ensuring that 51 % of the membership represent the private sector. C. Each County Chair, or designee Commissioner, shall be responsible for making his/her County's private sector appointments, in accordance with the Act, to the Board for the participating counties. The nomination process for these appointments must adhere to the following criteria: 1. Representatives of business in the local area who are owners of businesses, chief executives or operating officers of business, and other business executives or employers with optimum policymaking or hiring authority; 2. Representatives of businesses with employment opportunities that reflect the employment opportunities of the local area; and 3. Representatives are appointed from among individuals nominated by local business organizations and business trade associations. D. The nomination process for these private sector appointments shall be as follows: I. Private sector representatives shall be selected from among individuals nominated by general purpose business organizations after consulting with and receiving recommendations from other business organizations in the workforce development region. 2. General purpose business organizations are defined as those organizations which admit to membership any for-profit business operation within the workforce development region, or any entity that represents or serves as an umbrella organization that includes membership from for-profit businesses. 3. Such nominations, and the individuals selected from such nominations, shall reasonably represent the industrial and demographic composition of the business community. Agenda Item No, 16F7 September 13, 2005 Page 5 of 12 4. The Chair of the Southwest Florida Workforce Development Board, Inc. is selected from the private-for-profit sector. E. Ensure through its appointments that the Southwest Florida Workforce Development Board includes required public sector representatives, as required under the Act and State of Florida definitions, regardless of County, with optimum policymaking authority within the organizations, agencies, or entities: 1. Representatives of local educational entItIes, including 10cal educational agencies, local school boards, entities providing adult education and literacy activities, and postsecondary educational institutions (including representatives of community colleges, where such entities exist), selected from among individuals nominated by regional or local educational agencies, institutions, or organizations representing such local educational entities; 2. Representatives of labor organizations, nominated by local labor federations, or (for a local area in which no employees are represented by such organizations), other representatives of employees; 3. Representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); 4. Representatives of economic development agencies; 5. Representatives of each of the one-stop partners; and 6. May include such other individuals or representatives of entities as the chief elected official(s) in the local area may detennine to be appropriate. F. Share with the Southwest Florida Workforce Development Board the responsibility for the following: . approval of the Workforce Investment Act plan which shall be prepared for the Region by the designated administrative entity, and provided to the Workforce Development Board and the Consortium for joint approval; . approval of the local Workforce Development Board budget submitted with the plan; . oversight of activities and services including designation, certification, or termination of One Stop Operators. III. Terms of Agreement. A. None of the parties hereto shall be liable for any claims, damages, injuries, losses or expenses arising out of or resulting from any act, omission, or negligence of the others, their officers, employees or agents, related to the parties' respective authorities and responsibilities under this Agreement. Agenda Item No, 16F7 September 13, 2005 Page 6 of 1~ B. The tenns of the Agreement shall commence on or retroactively to the 1 st day of July 2005, and shall run through June 30,2007, and thereafter shall automatically be renewed for the dates of each Workforce Investment Plan, unless any party notifies the others of its intention not to renew at least 90 days prior to the expiration of the original tenn or any five-year renewal term. C. Upon proper execution, the Agreement shall be legally valid and binding, and supersedes other agreements of the Southwest Florida Job Training Consortium. This Agreement shall be recorded in the public records of the counties of Charlotte, Collier, Glades, Hendry, and Lee. D. This Agreement may be amended or modified upon the written request of any party hereto. Any alterations, amendments, modification or waivers in the terms and conditions of this Agreement shall not be effective unless reduced to writing, approved by all parties, signed by their duly authorized representatives and filed with the Clerks of the Circuit Courts of the participation counties. IN WITNESS WHEREOF, the parties have executed this Agreement as indicated on the attached pages. PASSED AND DULY ADOPTED THIS 1 st DAY OF JULY, 2005. . Agenda Item No, 16F7 September 13, 2005 Page 7 of 12 BOARD OF COUNTY COMMISSIONERS OF CHARLOTTE COUNTY, FLORIDA By: Signature of CHAIR OR COMMISSIONER DESIGNEE Attest: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ATTEST: DATED: DWIGHT E, BROCK, Clerk of Courts By: . Deputy Clerk Approved as to Form and Legal Sufficiency: By Assistant County Attorney Agenda Item No. 16F7 September 13, 2005 Page 8 of 12 ".-.; BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Agenda Item No. 16Fl September 13, 2005 Page 9 of 12 BOARD OF COUNTY COMMISSIONERS OF GLADES COUNTY, FLORIDA By: Signature of CHAIR OR COMMISSIONER DESIGNEE Attest: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Agenda Item No. 16F7 September 13, 2005 Page 10 of 12 BOARD OF COUNTY COMMISSIONERS OF HENDRY COUNTY, FLORIDA By: Signature of CHAIR OR COMMISSIONER DESIGNEE Attest: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: .Jl Agenda Item No. 16F7 September 13, 2005 Page 11 of 12 BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA By: Signature of CHAIR OR COMMISSIONER DESIGNEE Attest: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Agenda Item No. 16Ft September 13, 2005 Page 12 of 1? SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC. By: Witness: (Signature) Steve Personette. PresidentlChairoerson (Name and Title) Date Agenda Item No. 16F8 September 13, 2005 Page 1 of 5 .- EXECUTfVESU~Y Recommendation to approve and transmit Senate Bill 444 Glitch Amendments as provided by Collier County government staff to the Collier County Legislative Delegation, the Florida Senate Committee on Community Affain and the Florida House Committee on Growth Management, and the Florida Association of Counties. OBJECTIVE: To protect and preserve Collier County's efficient and effective growth management initiatives and strategies, SB 444 must be revised with an overall objective of providing county govenunents the flexibility of meeting their unique growth management goals, objectives and policies, and addressing their specific challenges. CONSIDERATION: Senate Bill 444 was passed during the 2005 Legislative Session and made numerous changes to laws governing statewide water supply and restoration programs. In addition, the Legislature passed Senate Bill 360 (Growth Management Bill) which provides $100 million in recurring and $100 million in non-recurring funds for the programs created or amended in SB 444. -- SB 444 creates the Water Protection and Sustainability Program to provide funding for a new alternative water supply program and to also fund existing state water programs. These programs include surface water improvements and management, total maximum daily loads, and the disadvantaged small community wastewater grant program. In addition, SB 444 makes substantial changes to guide the development of alternative water supplies and establishes a goal for the water management districts to match state funds 100 percent. The bill allocates state funds to the water management districts on a percentage basis. Upon review of the bill, Collier County staff carefully crafted responses that reflect the county's concerns for proper district/county planning consistency and assurance that the funding actually is allocated to the appropriate water suppliers' projects. Staff's responses, or glitch amendments, are attached. On behalf of the Collier County community, county staff is requesting Board support in making our state representatives in Tallahassee aware of our concerns with SB 444 as we did with SB 360 in July 2005 when we transmitted our suggested glitch amendments. FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GRO"WTH MANAGEMENT IMP ACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: There are no legal considerations associated with this executive summary. ,- RECOMMENDATION: That the Board of County Commissioners approves the Senate Bill 444 Glitch Amendments as provided by Collier County government staff and Agenda Item No. 16F8 September 13, 2005 Page 2 of 5 transmits them to the Collier County Legislative Delegation, the Florida Senate Committee on Community Affairs and the Florida House Committee on Growth Management, and the Florida Association of Counties. Prepared by Debbie' Wight, Assistant to the County Manager ltam Number: hem Summllry: Meeting Date: Agenda Item No. 16F8 September 13, 2005 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16FB Recommendation to approve and transmll Senate 8111<444 Glitch Amendments HI'. provided by Collier County governmet,t staff to the Collier County Legislative Delegation, the Florida Senate Committee on Community Affairs and the Florida House CommIttee on Growth Management. and the Florida Association of Counties 9/13120059:00:00 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's 01'fice 0125f2005 11:44 AM Agenda Item No. 16F8 September 13, 2005 Page 4 of 5 Collier County Government Public Utilities Division SB 444 Staff Glitch Amendments 1. Water Management Districts Should be Required to Provide a "Real" Match for State Funds - Glitch legislation should clarify that the water management districts cannot use their match of the state grant dollars to do anything other than fund new water supply development projects. Many of the water management districts are simply designating as their "matching funds" funding for existing water resource development projects that do not actually provide any water for public uses. This creative bookkeeping by the districts has essentially eliminated the concept that the water management districts would provide a match for the state grant funds. Consequentially, the only real match under Senate Bill 360 and Senate Bill 444 is the local government match. 2. State and Water Management District Grant Funds Should be for All Capital Costs - Project capital costs are defined in Section 373.019 as "planning, design, engineering, and project construction costs." The water supply grant program passed in 2005 had the practical effect of limiting most grant funding to only construction costs. Section 373.196(6) should be revised to allow state and district grant funds to be used for all project capital costs. Significant portions of the total cost in developing alternative water supplies are the design, engineering and planning of the facility. It is appropriate to include these capital costs in allowable costs under the grant program. For example, aquifer storage and recovery (ASR) is an important alternative water supply technology that can allow large quantities of fresh water to be stored until needed without the expense or risks of building a reservoir. An ASR facility consists primarily of pipelines and a handful of injection and withdrawal wells, and the construction costs are relatively low. The significant expense of ASR is in the planning and design of the facility to assure that the water will be injected at the right place and at the right rate to maximize recovery of the stored fresh water. 3. Water Management Districts Should Plan for Impacts of Reservations - Florida Statutes should be revised to clarify the impacts of reservations for the Comprehensive Everglades Restoration Project (CERP) on existing and future water supplies. Specifically, the regional water supply plan should identify any existing or future reservations proposed for adoption within the planning horizon, and the impact of those reservations on existing legal sources of water and on any future traditional or alternative sources of water which have been: a Included in a regional water supply plan; b. Proposed by a local government or other water user for inclusion in a regional water supply plan; c. Identified by the local government or other water user in a capital improvement plan or other plan for development or expansion of water systems; or Agenda Item No. 16F8 September 13, 2005 Page 5 of 5 (2) d. Identified as a source of water in a permit application that has been submitted to a water management district but has not yet been approved or denied. In addition, when new reservations are adopted the water management district should be required to develop strategies for meeting future reasonable-beneficial demands for water that could be met from an identified source, but will not be available because of the new reservation. 4. Regional Water Supply Plans Should Use Reasonable Growth Projections for Water Supply Planning - Section 163.3191(2) was amended to require that EAR's evaluate whether the local government has planned for water supplies needed to meet the demand projected by the water management district in the applicable regional water supply plan. The intent of SB 444 and SB 360 was to make local govenunents plan responsibly for growth, not to give the water management districts the ability to arbitrarily limit growth. Section 373.0361(2)(a)1. requires water management districts to use the "medium" Bureau of Economic and Business Research (BEBR) growth estimates, unless better data is available. Growth in Collier County regularly exceeds the "high" BEBR growth estimates. The county hopes the water management district will recognize in its regional water supply plan that growth in Collier County does not follow the BEBR model. Growth projections need to be based on historical growth trends coupled with the surge of seasonal tourist population. Coastal communities need to have enough water to service their high demand tourist season. This typically high demand tourist season does not fit well into the medium BEBR model. 5. Funding Should Be Used for Potable Water Supplier Projects - The legislation makes a total of $100 million available to the districts for alternative water supply projects. It should be clarified that these funds are only to be used for potable water supplier projects. There should also be an audit requirement for the usage of these funds. Agenda Item No. 16F9 September 13, 2005 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve an application for the 2005 Emergency Notification Grant Program offered by Dialogic Communications Corporation OBJECTIVE: Board of County Commissioners approval of an application for 2005 Emergency Notification Grant Program offered by Dialogic Communications Corporation. CONSIDERATIONS: In times of disaster, timely and accurate communication is paramount to ensure the safety and well-being of the County's Special Needs population. Emergency Management's current notification system (MS DOS utilizing 1 phone line) is antiquated and no longer adequate to the task of notifying 1300 registered Special Needs clients. .- Dialogic Communication Systems (DCC) is offering, through its 2005 Emergency Notification Grant Program, an opportunity to obtain for a two year period, at no cost, their Communicator NXT and GeoCast Web systems. Both systems are accessible by internet or phone and utilize DCC's state-of-the-art hosting service and GIS interface. The systems will allow the County to alert and/or warn the County's Special Needs Clients, volunteers and other key personnel in a timely manner. The two year period will not only allow staff to evaluate DCC's systems, but will also allow staff to examine other vendor's systems and explore funding options. DCC will provide training, 24/7 technical support, software maintenance, dedicated on site phone lines and will cover expenses for up to 200,000 calls over the two year period. At the end of the two years, the service can be extended for a nominal charge or an on site system purchased at a discounted price. In return, the County agrees to act as a DCC product/service reference allowing the use of names, quotes and uses in promotional materials and press releases for a period of two years, and complete quarterly technology use reports for a period of one year. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the application for the 2005 Emergency Notification Grant Program offered by Dialogic Communications Corporation. - Prepared By: Darcy Waldron, Sr. Administrative Assistant Department of Emergency Management Agenda Item No, 16f9 September 13, 2005 Page 2 0113 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Meeting 0..: t6F9 Recommendation to approye an application for the 2005 Emergency Notification Gra.nt Pl'Ogram offered by Dialogic Communications Corporation. 9!13/2005 9:00:00 AM Item Number.. Item Summary: Approved By Darcy Waldron Senior Adminiatrlltive As.islam "". County Manager's Office Emergency Management 8/16/20052:53 PM Approved By Mar1eoe J. Foard arants Coordinetot Caw Administr_ive Services Adrmnistrative ServicCls Admin. 6/19120056:39 AM Approved By Dan E. Summer.- BUr~au of Enmrpency Servi~s Director Date County Manager'. Office Bureau of Emergency Services 8/30/200512:18 PM A pprovcd By OMS Coordinator Administrative Assistant Date County Mana,ger'~ Office OffiCiI of Management & Budget 81301200512:47 PM Approved By Susan Usher Senior ManngementIBudget Analyst Dote County Manager's Office Office or Managermnt & Budget 8J3O/2oo5 2;4;2 PM Approved By Michael Smykowskl M...nagement & Budget Director Dote County Manager'. Office OffIce of Management & Budget 81311200510:34 AM Appro"cd By Jam&s V. Mudd County Manager Dot. Board of County Commissioners county Manager's Office 8131/20053:46 PM Dear Applicant: On behalf of DCe (Dialogic Communications Corporation), thank you for your interest in the 2005 Emergency Notification Grant Program. Through this opportunity, two deserving public safety operations will receive use of the company's critical communications technologies, at no cost, for a period of two years. Applications will be accepted July I through September 30, with the winners announced by November 4,2005. This year, DCC will award both operations 24/7 access to its latest critical communications solutions, Communicator! NXT and GeoCast Web. Remotely accessible by Internet or phone, the technologies will utilize the company's state- of-the-art hosting service for emergency notifications (e.g., inclement weather, missing persons, HAZMA T spills, etc.). The software is typically used to alert first responders, mobilize personnel and volunteers and/or warn local residents. For your convenience, DCC has streamlined the application process, making it even easier to submit your proposal for the 2005 Emergency Notification Grant. Moreover, you will find that the information requested by the company is similar to that required by state and federal funding agencies. This means you can easily revise and submit your responses for consideration by other sources. Again, please note the deadline for applications for DCC's 2005 Emergency Notification Grant Program is September 30,2005. If you have any questions, call 800.723.3207 ext. 3979 or email GrantInfo@dccusa.com. We look fOlWard to receiving your application soon. Sincerely, ~~~ Lorin Bristow Vice President Agenda Item No. 16F9 September 13, 2005 Page 3 of 13 Agenda Item No. 16F9 September 13. 2005 Page 4 of 13 DCC's 2005 EMERGENCY NOTIFICATION GRANT PROGRAM Program Overview The Award Recipients ofDCC's 2005 Emergency Notification Grant will gain secure, 24/7 access to the company's critical communications technology in the hosted environment (shared). This package wilt be available to awardees for two years, at no cost, and includes: . Communicator! NXT, the latest web-based emergency notification software from DCC, enabling easy automation of manual communications procedures . GeoCast Web, the company's GIS interface, providing map-based communication with specific geographic areas . Community phone data from commercial sources . Integration of grant recipient-supplied or locally-produced digital maps (Note: DCC can provide commercial-source maps, subject to availability, if locally produced maps are not available.) . A software link to DCC's state-of-the-art hosting service (Grant recipients may use existing PCs. Internet connectivity is required.) . Allocation of up to 100,000 phone calls within a 12-month period, for a total of200,OOO calls (Grant recipients will not be required to provide dedicated, on-site phone lines. DCC will cover expenses, including toll charges, of up to 200,000 calls. Any calls in excess of this amount will be charged at a rate of $.15 per call. At the end of the 24-montb period, the service can be extended for a nominal charge, or an on-site system can be obtained at a discounted price.) . Comprehensive web-based or computer-based training and applicable instructional guides (Note: Maximum five seats for one course.) . 24/7 technical support . Software maintenance for the two-year period . One free "seat" at a DCC-sponsored technology summit (registration only, travel expenses not included) Applicant Elieibilitv Dce's 2005 Emergency Notification Grant Program is open to all city and county fire, law enforcement, and emergency management agencies in the United States (including colleges and universities). Public safety operations are encouraged to submit applications that demonstrate a thorough, progressive plan for its use, including, but not limited to, regional notification (the ability to share systems within and/or across organizations and jurisdictions), atypical situations requiring rapid communications, etc. Agenda Item No. 16F9 September 13, 2005 Page 5 of 13 Applicants must also submit a signed statement, agreeing to the acceptance tenus of the award, as outlined by DCC. Terms of AcceDtance The grant recipient must agree to: . Accept the critical communications package within 60 days of award notification . Complete comprehensive system training and actively use both solutions within 90 days of award notification . Act as a DCC product anellor service reference for a period of two years'" . Complete quarterly reports of technology usage as outlined by DCC for a one- year period ... DCC reserves the right to use the grant recipients' names, quotes and uses in promotional materials and press releases. Selection and Review Criteria Dce is seeking applicants that already have the procedures, personnel and infrastructure in place, facilitating the use of the company's technology to its fullest capacity. The two winning proposals will reflect a well-thought-out approach to integrating DCC's emergency notification solutions into current operations, as well as include expected innovative uses of the technology. Applicants should also address and clearly define any problem areas for implementing these solutions within their operation(s). ComDosition of Review Committee The Review Committee will be comprised of five to seven diverse individuals, including: . Exemplary individuals from public safety organizations (various disciplines) . Two DeC representatives Each committee member will have an equal vote, and will use the established scoring guidelines to grade proposals and make award recommendations. (Score sheets will be provided to grant applicants on an as-requested basis.) DeadUne and TimeUnes All proposals must be postmarked by 5:00 PM on September 30, 2005. Late proposals will not be considered. Please send TWO UNST APLED copies (including the original) to: Agenda Item No. 16F9 September 13, 2005 Page 6 of 13 DCC 2005 Grant Program ATTN: Dara Mayfield 730 Cool Springs Blvd, Suite 300 Franklin, TN 37067 The 2005 Emergency Notification Grant recipients will be announced by November 4, 2005, and the winners will be notified by phone and/or mail. Written rejections will be sent to all other applicants. Agenda Item No. 16F9 September 13, 2005 Page 7 of 13 Guidelines for Preparing Project Narrative Review Criteria Please limit your na"ative to four pages. 1) Agency Overview and Problem Statement: (20%) Provide a brief description of your agency (or agencies), its size, regions served (including U.S. Census-based population) and additional information regarding your constituency. Also, identify the problems to be addressed using DCC's emergency notification technology inside your city, county, campus, etc. 2) Approach and Innovation: (40%) Outline a plan of action for putting DeC's notification solutions, Communicator! NXT and GeoCast Web, to use inside your operation. Include details of how the technology will be utilized to solve specific communications problems or serve a particular population. If possible, identify specific goals and measurable results. Also, describe any unique aspects of your approach, such as unusual social or community collaborations. DeC will look favorably on proposals that present new and distinct methods for technology application. 3) Infrastructure (15%) Describe your agency's organizational ability to facilitate implementation, and provide evidence that you have the infrastructure in place to support DeC's solutions. A brief history of your agency's use of technology may be helpful. 4) Partnerships (15%) Describe your relationship with your constituency, as well as partnerships with public, non-profit and private sector organizations. Do you have an active working relationship with neighborhood watch groups, schools and community interest groups? How will these groups benefit and be involved in the implementation and use of this technology? 5) Need (10%) DCC will review your need from both a practical and financial approach. Are there any problems or issues unique to your community, separating you from other applicants in terms of need? i Agenda Item No. 16F9 September 13, 2005 Page 8 of 13 - nec Office Use Only Applicant # DCC's 2005 EMERGENCY NOTIFICATION GRANT PROGRAM Score Sheet For Use of Review Committee Only Score Agency Overview and Project Purpose (20%) Comments: Approach & Innovation (40%) Comments: ,- Infrastructure (15%) Comments: Partnerships (15%) Comments: Need (10%) Comments: Total _. Agenda Item No. 16F9 13,2005 DCC Office Use-'\~ e 9 of 13 Applicant # DCC's 2005 EMERGENCY NOTIFICATION GRANT PROGRAM COVER SHEET Agency Name: Bureau ofEmergencv Services City County: Collier County. Florida Primary Contact Name: Dan E. Summers. CEM Director Address: 3301 East Tamiami Trail. Bldg F-l Zip: Naples. FL 34112 City, State Email Address: dansummers@colliereov.net Phone Number: 239-774-8000 Person Submitting Proposal: Dan E. Summers. CEM. Director Email Address: dansummers@colliergov.net Phone Number: 239-774-8000 Authorized Official Name: Fred W. Covle PolicelFire Chief, Public Safety Director, etc.) (e.g., Title: Chairman Collier County Board of Commissioners Email Address: fredcovle@collienwv.net Phone Number: 239-774-8097 Official Signature: Date: ArrEST: Dwight E. Brock, Clerk By: Deputy Clerk App~ as to F~ & Legal Sufficiency I Dvt~ 6lrw--- Assistant County Attorney Agenda Item No. 16F9 September 13, 2005 Page 10 of 13 DCC's 2005 EMERGENCY NOTIFICATION GRANT PROGRAM 1) Agency Overview and Problem Statement: The Collier County Emergency Management Department consists of a Director, three Emergency Management Coordinators, Public Information Officer, Volunteer Coordinator, Special Needs Coordinator, Finance Technician, and an Administrative Assistant. Our department serves the largest county in the state of Florida with an approximate population of 350,000 and an additional 85,000 part time residents during the winter months. Collier County Emergency Management also serves three municipalities, Everglades City, the City of Naples, and Marco Island. Our greatest concern involves our Special Needs population of over 5000 of which 1,300 are registered with us and awaiting notification in the event of a man-made or natural disaster. Timely and accurate notification is absolutely paramount in ensuring the safety and well being of all our citizens. However, there are those special citizens that require our exclusive and undivided attention and unfortunately, our current emergency notification system (MS DOS, 1 line) is miserably antiquated. We have tried in vain for the past thirteen months working with your representative, Leslie Cain to raise the necessary capital to purchase your "state of the art" NxT/Geocast system because it is designed to full fill just about every need and unusual circumstance that our department faces during an emergency. We've tried several avenues to partner with other counties, municipalities, and other agencies and once again we were unsuccessful. We have also entertained several other less expensive emergency notification systems, however, our Director is very familiar with and extremely pleased having utilized your previous Legacy version and we are determined to have the very best. 2) Approach and Innovation: As a coastal county in Southwest Florida and with the trend of hurricanes that seem to find their way to our coast in recent months, communicating to our special needs population is critical. During a hurricane event, our department has a very short window of time to notify the ever-increasing number of registered special needs population that require transportation to shelters during evacuation. In addition, we need to notify all Nursing Homes to ensure patient safety, all the Dialysis centers that service over 400 additional patients to ensure they are taken care of, and the Oxygen companies to guarantee that the patients have sufficient 02 canisters to take to the shelters. Your system will provide the means to make these timely notifications and the GeoCast Web will allow us to pinpoint areas of concentration as we try to zero in on the areas that are to be evacuated. Tracking is another aspect that is vital to ensuring the safety and well being of our citizens. Accountability for each and every person that requires our assistance is extremely critical as many of our special needs population have life-threatening disabilities and our premise is to ensure no one will ever slip through the cracks. One hundred percent contact is our only goal and is a measure of the success of our entire preparedness and mitigation operations. We also 1 Agenda Item No. 16F9 September 13, 2005 Page 11 of 13 have some other innovative and unique uses in mind for NxT/GeoCast that involve debris removal. GeoCast allows us to pinpoint areas where there may be large amounts of debris accumulated and through a touch-tone process residents could identify what type of debris needs to be picked up i.e. press {I} for vegetation removal, press {2} for normal debris removal and {3} for hazard material removal. Your system should also enable us to respond back with pick up days and times. The GeoCast can also assist with notifications to predicted Hazard Impact Areas such as Storm Surge or Wildfire areas that may require evacuation. Amber Alerts can also be utilized with this system. 3) Infrastructure: The Collier County Information Technology Department was created in 1995. In that time we migrated from 300 DEC V AX dumb terminals to a 100 mb switched data network running client server and web based applications. We are responsible for supporting the data network, desktops systems, telephony and public safety radio systems. We support over 1,200 computers, 80 Microsoft Windows 200/2003 servers in over 60 locations in Collier County and over 2,500 telephone extensions. We have 8 network engineers, 6 field support staff, one telecommunications technician and a help desk staff of three. Most of or Network Engineers are Microsoft and Cisco certified. Currently have a total of 18 tb of data storage in DASD and SAN. We work closely with Avaya and have deployed an S8700 Communications Manager, an Intuity Voice Mail System, a Call Center Manager. We have a programming/GIS staff and a staff of business applications analysts. 4) Partnerships: After five hurricanes and two wildfires in the past eleven months, we feel that our constituency has full confidence and great trust in our department in regards to their safety and well being. We have struggled for years with this one-line system, however, our population and needs have by far outgrown this system and our department along with several partnerships we have forged are in great need of your system. One of our greatest allies is the Collier County American Red Cross. Timely notification to this organization is once again critical to ensure that they receive accurate and up to date information to assist them in preparing for and setting up the much-needed Red Cross Shelters. The Department of Health and the Department of Human Services are two agencies that we have a great relationship with and their involvement with your extraordinary product will greatly enhance their efforts and help increase their success stories in serving and protecting the citizens of our County. Collier County has an over abundance of Nursing Homes and Assisted Living Facilities that require additional preparation time in the event of any form of disaster. The use of Communicator NxT will provide these facilities with the necessary and timely information to help mitigate and better prepare for any and all events. 2 .'"<"'"",'."..""'."",""'"'''''':..".."._"''''_........~I>.'lI;jj..jW%ltJli''l'''li;"~I"'."","":" Agenda Item No. 16F9 September 13, 2005 Page 12 of 13 5) Need: As an Emergency Management Department, we realize that there is a dire need throughout the Nation to have in place an efficient and effective communication system. In that regard, we are no different from any other public service institution, however, Collier County has a very large elderly population that not only requires us to be at the "top of our game" but demands it, and rightly so. In some cases, we are the only refuge and support for these citizens and we do not want to let anyone down. A somewhat unique situation presents itself in the form of trying to have our new Emergency Services Complex built. Every bit of revenue we receive has been going into the design and construction of this new facility to include a "state of the art" Emergency Operations Center that will greatly enhance our efforts in support of our citizens and seeing to their needs. We have also budgeted for the purchase of the Communicator NxT/GeoCast system to become a part of this complex, however, completion is scheduled for the end of 2008. With the threat of hurricanes becoming more and more of a concern to our unique population in Southwest Florida, our County, my department, and first and foremost, our constituents are in critical need of a professional, competent, and proficient system such as the Communicator NxT. We thank you in advance for this tremendous opportunity and hope that you look favorably upon this request. If there are any further questions, please contact me at the numbers listed below. Joseph W. Frazier Homeland Security Coordinator Collier County Emergency Management Department 3301 E. Tamiami Trail Naples FL 34112 (W) 239-774-8779 (C) 239-438-8314 iosephfrazier@colliereov.net 3 Agenda Item No. 16F9 September 13, 2005 Page 13 of 13 TERMS AND CONDITIONS OF DCC's 2005 EMERGENCY NOTIFICATION GRANT PROGRAM The 2005 Emergency Notification Grant recipient will be annoWlced and notified by November 4, 2005. Training must take place within 60 days. Grant recipient must provide high-speed Internet connectivity on existing PC(s), necessary for emergency notification technology use. A two year contract for technical support and software maintenance is included and will expire 24 months from the actual day of award acceptance. The grant recipient will complete quarterly reports, as outlined by DCC, for a period of one year, and will act as a reference for DCC's products and services for two years. DCC will reserve the right to use the recipient's name and quotes regarding technology usage in promotional materials and press releases. This is to certify that I have read, Wlderstand and agree to abide by all the provisions set forth in the Terms and Conditions of the DCC Emergency Notification Grant Program. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL By: Date: Fred W. Coyle, Chairman ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Approved as to form and legal sufficiency 16~ \)~ Assistant County Attorney ""'~"~"''".''''''''';'''"'t'''''''''"~'''''''"''__'I''~lI<<ill~~''iF';;'''~~'~',JiIi1,;, - - Agenda Item No. 16F10 September 13, 2005 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve Tigertail Beach Boardwalk Category "A" Grant Application Amendment and Expenditure of $158,800.00 OBJECTIVE: Recommend approval of the Tigertail Beach Boardwalk Category "A" grant application amendment. CONSIDERATIONS: On April 12, 2005 the BCC was presented with the Feasibility Study and the alternate concept. The BCC directed staff to bring forth the alternate plan to the Beach Access Workshop II, which was held on June 7, 2005. During the May 18,2005 PARAB meeting, P ARAB approved the Beach Access project list which included the Tigertail Beach restroom and dune walkover concept. At the June 7,2005 Beach Access Workshop, the BCC approved the restroom and dune walkover concept and asked staff to proceed with the project. In order for staff to fund the design and permitting of the project, it is necessary for staff to submit this amended TDC grant. This amended grant serves to re-direct the funds currently remaining and available in the Tigertail Beach Boardwalk Feasibility Study and revise the scope of the project to allow for the design and permitting of the restroom and dune walkover with these funds. No increase in funds are needed to proceed with this project. ADVISORY COMMITTEE RECOMMENDATIONS: Coastal Advisory Committee: On August 11, 2005 the CAC was presented this item for information purposes only. Parks and Recreation Advisory Committee: On May 18, 2005 P ARAB recommended approval of this item. Tourist Development Council: On August 22,2005 the TDC recommended approval of this item. COUNTY ATTORNEY FINDING: N/A FISCAL IMPACT: $158,800.00 is in Category "A" FY 05 Budget which is the balance remaining on original grant. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Board of County Commissioners approve Tigertail Beach Boardwalk Category "A" Grant Application Amendment and Expenditure of$158,800.00. PREPARED BY: Gary McAlpin, Coastal Proj ect Manager Agenda Item No. 16F10 Seplember 13, 2005 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting ON: 16F10 Recommendation to approve Tigertail Btl8Ch Boardwalk Calegory A Gran1 Appltca1ion Amendm~l1t and Exp!-nditure or $158,800.00 9/1312005 9~OO:OO AM Item Number: ttem SlJITUT18ry: Approved By Jack Wert Tourism Director Dm County Manager'ti O1'fice Tourism 8!2eJ2005 3:09 PM Approved By Gary McAlpin eO:lltal Project Manager Dale County ManagtJr's Qffic(t> Tourism l\i3W'200S 9:01 AM Approved By Marla Rnmsey Public Services Adminl.trator Date Public Services Public Services Admin. 8/JO/200510:46 AM Approved By OMS Coordinator Adminlstrlltive Assistant D"" County Manager'fi Ottice Offjce of Management & Budget 8/30/200511:04 AM Approved By Mark Isackson Budget Analyst .,... County Manager's Office Office of Management & Budget 8130/20055:17 PM Approved By MIchael smykowlIiki Management & Budget Director Do" County Mannger's Ofti<:m Office- of Managemont & Budget 8131/200511:02 AM Appro,,'ed By James V. Mudd County Manager Dat. Board of County Commissionel'6 County Manager's Office 9/112005 7:52 PM Agenda Item No. 16F10 September 13, 2005 Page 3 of 10 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL AGENDA ITEM SUMMARY TDC MEETING DATE: August 22, 2005 SUBJECT: Tigertail Beach Park Boardwalk Amended Grant AMOUNT REQUESTED: $158,800 (Balance Remaining on Original Grant) BACKGROUND: In 2002, the CAC, TDC and BCC approved a TDC grant for $200,000 for the "Tigertail Beach Park Walkway Design". This grant was for the design and permitting of a boardwalk from Tigertail Beach to Sand Dollar Island. The funds were budgeted and became available in October 2002. The project was not begun at that time because Taylor Engineering was in the beginning of a separate study for the Collier County Beach Utility Department about the dynamics of Sand Dollar Island and the County wanted to wait for that study's completion and review. Following the acceptance of the Taylor Sand Dollar Island study, Parks and Recreation Department determined that the scope of the Boardwalk study should be narrowed down to that of a feasibility study of the design and permitting potential for the walkway. On July 29, 2004 Taylor Engineering was hired by Parks and Recreation via Work Order # TE-FT-04-02 for $40,733 to prepare the "Tigertail Beach Park Boardwalk Feasibility Study." Taylor completed the study and the final report was distributed to the CAC on March 10, 2005 for information only. The study explained the difficulty in permitting a boardwalk to Sand Dollar Island, the opposition to be encountered, and the possible steps to accomplish the permitting ifit was determined to proceed. At the March 16,2005 PARAB meeting, the board was presented with the study and expressed opposition to the boardwalk to Sand Dollar Island concept. At that time, Park's staff presented a different recommendation than the consultant's study in which the County would not pursue a boardwalk to Sand Dollar Island. Instead, Parks would propose a pedestrian dune walkover from the existing southernmost Tigertail Beach parking lot to the closest sand beach edge and also construct a restroom in the parking lot. This alternate concept was welcomed by P ARAB and they unanimously recommended its approval. On March 28, 2005 Taylor Engineering presented the entire Tigertail Beach Park Boardwalk Feasibility Study to the TDC for their discussion, including a recommendation for the dunewalkover and restroom concept. The TDC recommended approval of this alternate concept. On April 12, 2005 the BCC was presented with the Feasibility Study and the alternate concept. The BCC directed staff to bring forth the alternate plan to the Beach Access Workshop II, which was held on June 7,2005. During the May 18,2005 PARAB meeting, PARAB approved the Beach Access project list which included the Tigertail Beach restroom and dune walkover concept. At the June 7,2005 Beach Access Workshop, the BCC approved the restroom and dune walkover concept and asked staff to proceed with the project. In order for staff to fund the design and permitting of the project, it is Agenda Item No. 16F10 September 13, 2005 Page 4 of 10 necessary for staff to submit this amended TDC grant. This amended grant serves to re-direct the funds currently remaining and available in the Tigertail Beach Boardwalk Feasibility Study and revise the scope of the project to allow for the design and permitting of the restroom and dune walkover with these funds. No increase in funds are needed to proceed with this project. REVIEW COMMITTEE RECOMMENDATION: P ARAB voted unanimously to approve the restroom and dune walkover project at their May 18, 2005 meeting. STAFF RECOMMENDATION: Staff suggests the TDC recommend this item for approval. TDC RECOMMENDATION: (X) APPROVED 8/22/05 ( ) DENIED COMMENTS TDC DIRECTOR DATE Agenda Item No. 16F10 September 13, 2005 Page 5 of 10 COLLIER COUNTY TOURIST DEVELOPMENT COUNCll, CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Tigertail Beach Walkway Design (Amended Grant) (project Title) 1. Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 34116 2. Contact Person, Title and Phone Number: Name: Murdo Smith, Beach and Water Manager Address: 3300 Santa Barbara Boulevard City: Naples ST: FL ZIP: 34116 Phone: 239-353-0404 FAX:239-353-1002 Other: murdosmith@colliergov.net 3. Organization's Chief Official and Title: Fred W. Coyle, Chairman Board of County Commissioners 4. Details of Project- Description and Location: In 2002, the TDC and the BCC approved a TDC grant for $200,000 for the Tigertail Beach Walkway Design project in Marco Island. This project consisted of the design and permitting of a boardwalk from Tigertail Beach to Sand Dollar Island. Since that time, Taylor Engineering was hired for $40,733 to prepare a feasibility study for the boardwalk. This study was presented to the CAC, PARAB, TDC, and BCC in March and' April of 2005. Due to intense environmental permitting issues and public opposition, the County decided not to pursue the permitting of the Sand Dollar Island boardwalk. Instead, the County proposed a pedestrian dune walkover and restroom from the south Tigertail Beach Park parking lot to provide more convenient beach access. This concept was approved by the IDC, P ARAB and BCC. This amended grant is necessary to proceed with the design and permitting of the restroom and dune walkover project by revising the original project scope and allowing the remaining project funds to be used for this amended project. 5. Estimated project start date: August, 2005 (amended project start date) Agenda Item No. 16F10 September 13, 2005 Page 6 of 10 Collier County Tourist Development CouncB Category " A" Grant Application Page 2 EXHIBIT A Tieertail Beach Entrance (Amended Grant) (project Title) 6. Estimated project duration: 24 months (812007) 7. Total TDe Tax Funds Requested: original grant: (this request) amended ~: new project total $200,000 $ 0.000 $200,000 8. H the fuR amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) PROJECT BUDGET TDC Funds Requested (new) City/fuing District Share State of Florida Share Federal Share AMOUNT $0 $ $ $ PROGRAM ELEMENT TOTAL $0 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Design! Permitting $158,800 (remqining project funds) TOTAL $158,800 This amended grant was reviewed by P ARAB on 5/1815 and they unanimously recommended approvaL Agenda Item No. 16F10 September 13, 2005 Page 7 of 10 Collier County Tourist Development Council Category" A" Grant Application Page 3 EXHIBIT A Tieertail Beach Walkwav Desim (Amended Grant) (project Title) I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with aU guidelines and criteria. Signature of Sponsor Organization's Chief Official Date Agenda Item No. 16F1 0 September 13, 2005 Page 8 of 1 0 TOURIST DEVEWPMENT CATEGORY "A'" FUNDING POLICY l. Use of roc Clltetlorv "An fllntls. Category "A" Tourist Development Tax Funds shall be used for beach renourishment, beach maintenance, and beach park facilities including beach access acquisition. z. SOllrce of other ""'tis. Federal or State funds are desirable and should be diligently pursued. 3. Mtmdatorv annllal blldllet aUoctltlon of limtls lI"d mlllntelUmce of reserves. a. Catastrophe reserves shall be accumulated in the budget with $lM in 2004 plus $O.5M per year thereafter up to a maximum of $10M. In the event of a cataslrophe requiring the expenditure of all or part of these reserves, $O.5M will continue to be set aside. b. Annual monitoring and other permit compliance requirements. Beginning with FY 2005, these costs shall be cost-shared (if applicable) with TDC Category "A" funds at the same percentage as the project. c. Mlijor renourishment reserves shall be accmnulated in the budget with $2M per year after the completion of the major renourishment project currently in planning and permitting (as of November 2003; projected to start setting aside funds in FY 2006). d. Beach park facilities (including beach access property acquisition) shall be funded at an average of $2M per year. This funding allocation shall be adjusted annually in an amount equal to the percentage change in TDC Category "A" revenues. e. Remaining funds may be used for eligible grant applications as outlined in the policy below. 4. EIlIlIbilltv. Eligible beach areas qualifY for Category "A" funding. An "eligible beach area" has: a. At least one public access point from a public street; and b. Is no more than one-half mile from a beach park facility, public access point, hotel, motel or is a vital tourism area subject to abnormal erosion, provided that if at least 80010 of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. S. Level of use. Eligible beach areas are classified according to use. a. "High use" is an eligible beach area within one-half mile of a hotel, motel, designated public parking or public shuttle drop-off point. b. "Low use" is an eligtble beach area outside the limits for high use, provided that if at least 80010 of a beach area is classified as high use, low use gaps will be deemed high use. 6. Level of service. Eligible beach areas qualify for Category "A" funding based on use. a. An eligible low use beach area qualifies for "minimum maintenance," meaning renourishment sufficient to provide minimum shoreline protection for a projected period of five years, including maintenance, monitoring and testing on a periodic basis as needed b. An eligible high use beach area qualifies for full renourishment, meaning additional renourishment intended to enhance beach width for recreational or other public purpose. Agenda Item No. 16F10 September 13, 2005 Page 9 of 10 c. Additional Category "A" funding may be provided for eligible low use beach areas for renourishment in addition to minimum maintenance, provided that at least 600.4 of the incremental cost is funded by private or other non-County sources. 7. Inlet Stmd BVDlISSinl!. The bypassing of sand across inlets may be funded by Tourist Development Tax Category "'An funding provided the Inlet Management Plan recommends the bypassing and the sand will be placed on an eligible beach. No TOe Category "An funding will be approved for dredging non-beach compatible material. Permit requirements, such as profile monitoring and beach tilling. will be funded the same way as the bypassing. 8. Shore DrotectJon stfllctures ad oroiect soollSOrs/dD. Projects, including construction and maintenance of shore protection stroctures (groins, jetties. breakwaters, etc.), may be funded by Category "An funding for eligible beaches. However, 'ownership' responsibilities must rest with an entity other than "Towist Development Taxes" - Le. there must be a project sponsor (private interests, taxing districts, municipalities or County Departments other than those funded with Tourist Development Taxes). 9. Grilllt ADDlication Review. The Coastal Advisory Committee and the Parks and Recreation Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed plans will be submitted to the Board of County Commissioners (BCC) for their consideration and approval, via the TDC. These submissions will coincide with the annual Collier County budget cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax Category" A" funds, with the exception of County maintained beach park facilities that will be handled by the Parks and Recreation Advisory Board. Both advisory boards will make recommendations for approval, denial or modification to the BCC, via the roc, consistent with the BCC established policy for use of these funds. OlOO .......0....... ..-" - o o , ..- 0....... Z,-<Ll <Ll0) E..o ro <LlEa.. ::::Q) roo. ""OQ) lfiCl) 0) <( ~,\~~l..L ....._~._-- .....,~ aaw~~~~ocoe ';)NI ::>NIl:!33NI::>N3 ~Ol^ V J. - Ii ~ o U '"' V :.::l "0 U ~ t:il --" <t ?- u if) ... OJ ~ ~1 r.. :..r:; :5 Cl.. <: :l:: CJ ~- ~ Agenda Item No. 16F11 September 13, 2005 Page 1 of 13 ......-., EXECUTIVE SUMMARY Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2006 at a cost of $831,520. OBJECTIVE: Approval of an agreement to provide Collier County with medical examiner services pursuant to Chapter 406, Florida Statutes. - CONSIDERATIONS: Dr. Marta U. Coburn, M.D. was re-appointed in July 2002 by Jeb Bush, Governor of the State of Florida, to serve as the District Twenty Medical Examiner. An agreement between Collier County and Dr. Marta U. Coburn, M.D. dba District Twenty Medical Examiner, Inc. is entered into annually to provide the County with medical examiner services. Section 406.06(3), Florida Statutes, states that the Medical Examiner shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners. Pursuant to Section 406.16, Florida Statutes, the County shall pay for professional liability insurance for the Medical Examiner and Associate Medical Examiner(s). The payment of professional liability insurance is included in the agreement as an obligation of the County and shall be in addition to the semi-monthly compensation paid to the Medical Examiner. Dr. Coburn has submitted an annual budget, based on past statistics and reasonable projections, of $816,020 for services and an estimate of $15,500 for professional liability insurance. These amounts have been included in the County's budget for Fiscal Year 2006. FISCAL IMPACT: The cost to the County for Fiscal Year 2006 is $831,520 and funds are budgeted for Fiscal Year 2006 in Fund 001, Medical Examiner Services. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. for medical examiner services for Fiscal Year 2005 at a cost of $831 ,520. .- PREPARED BY: Darcy Waldron, Senior Administrative Assistant Department of Emergency Management Agenda Item No. 16F11 September 13. 2005 PagEl 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16F11 Item Summary: Recomrnenda1ion 10 approve an Agl'eemenl between Collier Co(mly and Dr, Marta U Coburn, M.D" District TWetlly Medical Examiner dba District Twenty Medical Examiner, Inc. to provide medicol examiner services lor Fiscal Yeal 2006 at a cosl of$B31 ,520 Meeting 0...: 9/13/20059:00:00 AM Approved By Darcy Waldron Senior Administrative Asslstan1 Oat. County Mana9f!r'$ Office Emergency Management 8/2912005 1:28 PM Approved By Dan E. SUlTlR'MtrJi Bureau of Emer~ncy Services Director 0... County Manager'.. Oft'ice Bureau of Emergency Services 81301200512:16 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 8/31120059:21 AM Approved By MichaelSmykowski Marullgement & Budget Dire<:tOf 0... County M.anager's Office Office of Mllnagement & Budget 8/31/200511 :11 AM Approved By Jilrms V. Mudd County MalU!ger 0", Board of County Commis5ionerJl County Manager's Office 8131f2:005 1:00 PM Agenda Item No. 16F11 September 13, 2005 Page 3 of 13 AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AGREEMENT FOR MEDICAL EXAMINER SERVICES, (Agreement), made and entered into this _ day of September, 2005, by and between Marta U. Coburn, M.D., Florida District Twenty Medical Examiner for Collier County, Florida, doing business as District 20 Medical Examiner, a Florida for Profit Corporation, (hereinafter called "Medical Examiner"), and the Board of County Commissioners of Collier County, Florida, (hereinafter called "County"). Medical Examiner and County are hereinafter collectively referred to as the "parties." WHEREAS, Dr. Marta U. Coburn was re-appointed Florida District Twenty Medical Examiner for Collier County, Florida, on July 2, 2002, by Jeb Bush, Governor of the State of Florida; and WHEREAS, Section 406.06(2), Florida Statutes, provides that the District Medical Examiner may appoint Associate Medical Examiner(s) to provide medical examiner services at all times and all places within the district and that said Associate Medical Examiner(s) shall serve at the pleasure of the District Medical Examiner; and WHEREAS, Section 406.06(3), Florida Statutes, states that District Medical Examiner(s) and Associate Medical Examiner(s) shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners in their respective district; and WHEREAS, Section 406.08(1), Florida Statutes, provides that fees, salaries and expenses for the Medical Examiner's office may be paid from the general funds or any other funds under the control of the Board of County Commissioners and that the Medical Examiner shall submit an annual budget to the Board of County Commissioners; and Agenda Item No. 16F11 September 13, 2005 Page 4 of 13 WHEREAS, Section 406.08(5), Florida Statutes, provides that autopsy and laboratory facilities utilized by the District Medical Examiner or Associate Medical Examiner(s) may be provided on a permanent or contractual basis by the counties within the district; and WHEREAS, Collier County desires to contract with Marta U. Coburn, M.D., Florida District Twenty Medical Examiner, doing business as District 20 Medical Examiner, Inc., a Florida Corporation, to provide medical examiner services under Chapter 406, Florida Statutes, as an independent contractor. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and provisions contained herein, the parties do hereby agree as follows: SECTION I TERM OF AGREEMENT The term of this Agreement shall be from October 1,2005, through September 30,2006. SECTION II PURPOSE AND SCOPE OF CONTRACTUAL SERVICES The Medical Examiner hereby agrees to furnish services, labor and all equipment not otherwise provided for, necessary for the complete performance of the services contemplated hereunder, to wit: to serve as Florida District Twenty Medical Examiner for Collier County, Florida in accordance with Chapter 406, Florida Statutes, and the standards promulgated by the Florida Medical Examiner's Commission. SECTION III COMPENSA nON AND PAYMENTS A. The County hereby agrees to compensate the Medical Examiner for services to be performed for the term of this Agreement, beginning on October 1, 2005, the amount of $816,020 by semimonthly payments ending September 30, 2006. B. Payments from the County to the Medical Examiner of the Compensation set forth paragraph A, above, shall be made on the 15th and 30th days of each month. If the 15th or 30th 2 Agenda Item No. 16F11 September 13, 2005 Page 5 of 13 of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be made on the next County business day. It is expressly understood that each semimonthly payment shall be made for the services furnished for the preceding period of time. As a condition of said semimontWy payment by the County, the Medical Examiner shall be in full compliance with Section VII of this Agreement regarding reports. C. The Medical Examiner agrees and understands that under the terms of this Agreement, a full professional staff (associate medical examiner(s) and autopsy technician(s)) must be maintained in order to perform the Medical Examiner duties set forth under this Agreement and by Chapter 406, Florida Statutes. D. The County agrees and understands that the compensation provided for under this Agreement to the Medical Examiner is intended to cover the anticipated normal activities/workload of the Medical Examiner, based upon past statistics and reasonable projections. The County acknowledges and agrees that the semimontWy compensation of the Medical Examiner set forth in this Section has been established without consideration of disasters or occurrences of an unusual nature or magnitude such as would necessitate extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under this Agreement and Chapter 406, Florida Statutes. In the event of such disaster(s) or occurrence(s), the Medical Examiner shall consult with and shall seek, but not necessarily obtain, the approval of the Collier County Emergency Management Director or his/her designee, for any additional expenditures. The Medical Examiner shall in all events retain the right to and shall then petition the Board of County Commissioners to reimburse the Medical Examiner for all extraordinary expenses and compensation which are justified and incurred by the Medical Examiner due to said disaster(s) or occurrence(s). The Medical Examiner shall provide invoices 3 Agenda Item No. 16F11 September 13, 2005 Page 6 of 13 and receipts in an itemized manner to support the petition to the Board of County Commissioners for extraordinary compensation and expenditures. Examples of extraordinary disasters or occurrences include, but are not limited to: aircraft, bus and boat accidents where a simultaneous large loss of life has occurred; hurricanes and other natural disasters; and any other disasters or occurrences caused by nature or man made where a large loss of life is experienced. Upon petition of the Medical Examiner for extraordinary compensation and/or expenditures, and with the recommendation of the Collier County Emergency Management Director, the Board of County Commissioners shall determine, using a reasonable and objective standard, if extraordinary compensation and/or expenditures shall be paid to the Medical Examiner. SECTION IV F ACIUTIES AND EQUIPMENT A. In accordance with Section 406.08(5), Florida Statutes, the County agrees to provide and insure, at no cost to the Medical Examiner, a facility and all medical-laboratory related equipment reasonably required by the Medical Examiner to perform the duties as District Medical Examiner. All costs associated with maintaining the facility and its area landscaping will be paid by the Medical Examiner. The County shall bear the cost of the Medical Examiner's facility . 8. All capital equipment needed and budgeted by the County for use by the Medical Examiner shall be purchased by, and be inventoried through, the County as County property. The procurement of said equipment shall be approved by the Collier County Emergency Management Director in accordance with the Collier County Purchasing Policy, upon submission of a requisition by the Medical Examiner. The Medical Examiner agrees to take reasonable care, maintain and repair any equipment provided by the County. The County agrees 4 Agenda Item No. 16F11 September 13, 2005 Page 7 of 13 to include all equipment reasonably required by the Medical Examiner in the annual medical examiner budget submitted to the Board of County Commissioners for approval. C. Except as otherwise provided in this Agreement, the Medical Examiner shall be solely responsible for the payment of all normal and ordinary services, fees, and costs encumbered in the course of the Medical Examiner's office's operation. SECTION V PROFESSIONAL LIABILITY INSURANCE Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical Examiner's professional liability insurance. This payment shall be in addition to the semimonthly compensation paid to the Medical Examiner by the County under Section III of this Agreement. As a condition precedent to the County paying for the Medical Examiner's professional liability insurance, the Medical Examiner shall present to the County an original invoice evidencing the purchase by the Medical Examiner of said insurance coverage. SECTION VI USE OF FACILITIES AND EQUIPMENT BY THE MEDICAL EXAMINER FOR HUMAN IT ARIAN AND/OR CHARITABLE PURPOSES The Medical Examiner shall be allowed to use the County's facility and laboratory equipment for humanitarian and/or charitable purposes provided that these purposes in no way interfere with the Medical Examiner's primary duty to serve as medical examiner for Collier County. As provided in Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner not within the scope of the official duties performed for Collier County. The performance by the Medical Examiner of humanitarian and/or charitable services under this paragraph shall not be considered part of the official duties of the Medical Examiner. SECTION VII REPORTS The Medical Examiner agrees to provide to the County quarterly reports which shall include, minimally the following: 5 ,- Agenda Item No. 16F11 September 13, 2005 Page 8 of 13 A. Number of all investigations and narrative reports for non-autopsy medical examiner cases; B. Number of all autopsies performed; C. Court cases and medical/legal conferences, number and hours spent; D. Number of authorizations for all cremations and burials at sea and anatomical dissections; E. Number of hours of scene investigations; F. Any other activities not described above; The quarterly report shall be submitted by the 10th day of the month due to the County's Emergency Management Director. SECTION VIII MEDICAL EXAMINER AS INDEPENDENT CONTRACTOR A. It is hereby stated to be the expressed intent of the parties that under this Agreement the Medical Examiner shall act exclusively as an independent contractor rendering professional services for the County in accordance with Chapter 406, Florida Statutes, and the Medical Examiner shall not be considered as an employee or agent of the County. The Medical Examiner shall be solely responsible for the payment of all applicable taxes for compensation paid to the Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not be eligible for, nor participate in, any fringe benefits from the County. B. The Medical Examiner shall be responsible for employing and providing by separate Agreement, independent of the County, all personnel or other services necessary for the performance of the duties and responsibilities under this Agreement and in accordance with Chapter 406, Florida Statutes. The Medical Examiner shall have complete supervision and control over said employees who shall not be entitled, as a result of this Agreement, to any benefits granted employees of the County. 6 Agenda Item No. 16F11 September 13, 2005 Page 9 of 13 C. Pursuant to Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner that are not within the scope of the official duties as Medical Examiner. SECTION IX NO PARTNERSHIP Nothing contained in this Agreement shall create or be construed as creating a partnership between the County and the Medical Examiner. SECTION X NO DISCRIMINATION The Medical Examiner agrees that there shall be no discrimination as to race, sex, color, creed or national origin at any County facilities provided under this Agreement and with regard to the provision of the services of the Medical Examiner contemplated by this Agreement. SECTION XI COMPENSATION FOR MEDICAL EXAMINER EXPERT TESTIMONY IN COLLIER COUNTY CRIMINAL PROCEEDINGS In accordance with the provisions of Chapter 29, Florida Statutes, as amended by Senate Bill 2962, effective July 1, 2004, all fees for expert testimony of the Medical Examiner in criminal proceedings shall be paid by the State of Florida. Upon performance of service, the Medical Examiner shall submit its fee for service to the appropriate State agency or court- appointed counsel. SECTION XII NOTICES All notices from the County to the Medical Examiner shall be deemed duly served if mailed by registered or certified mail to the Medical Examiner at the following address: Office of the Medical Examiner 3838 Domestic Avenue, Naples, FL 34104 All notices from the Medical Examiner to the County shall be deemed duly served if mailed by registered mail to the County at the following address: Collier County Emergency Management Director 3301 East Tamiami Trail Naples, Florida 34112 7 Agenda Item No. 16F11 September 13, 2005 Page 10 of 13 The County and the Medical Examiner may change the above mailing addresses at any time by giving the other party written notification within fifteen (15) days of said mailing address change. All notices under this Agreement must be in writing. SECTION XIII NO IMPROPER USE The Medical Examiner will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purposes, or for any purpose in violation of any federal, state, county, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Medical Examiner or any staff of the Medical Examiner, the County shall have the right to suspend this Agreement with the Medical Examiner. Should the Medical Examiner fail to correct any such violation within twenty-four hours after receiving notice of such violation, such suspension shall continue until the violation is cured. SECTION XIV INDEMNIFICATION The Medical Examiner, in consideration of ten dollars, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agencies and employees from all suits and actions, including attorney fees and all costs of litigations and judgments of any name and description arising out of, or incidental to, the performance of this Agreement or services performed thereunder. The Medical Examiner's obligation pursuant to this provision shall not be limited in any way by the agreed-upon compensation under this Agreement or the Medical Examiner's limit of, or lack of, sufficient insurance protection. The first ten dollars of compensation received by the Medical Examiner under this Agreement is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. SECTION XV TERMINATION AND CONTINUITY OF SERVICES B Agenda Item No. 16F11 September 13, 2005 Page 11 of 13 A. This Agreement may be terminated by either party upon ninety (90) days written notice to the other party by Registered Mail, return receipt requested. The parties shall deal with each other in good faith during the ninety-day period after any notice of any intent to terminate has been given. Either party may terminate this Agreement immediately for reasonable cause, upon written notice to the other. Reasonable cause shall include but not be limited to: (1) Material violation(s) of this Agreement; (2) Suspension or revocation of the Medical Examiner's license to practice medicine or other disciplinary actions taken against the Medical Examiner by the Florida Medical Examiners Commission or similar regulatory authority; (3) Revocation of the Medical Examinds appointment as Medical Examiner for Florida Medical Examiner District Twenty; (4) Any violation of the Medical Examiner's duties as required under Chapter 406, Florida Statutes; (5) Repeated and/or prolonged absence(s) from office substantially affecting the performance of the duties of the Medical Examiner under this Agreement; (6) The death of the Medical Examiner; (7) Physical and/or mental incapacitation of the Medical Examiner substantially affecting the performance of the duties of the Medical Examiner under this Agreement. B. In the event of a termination of this Agreement by the County, the County shall only be required to pay such compensation to the Medical Examiner as she may be entitled to for services performed until the time of termination. 9 Agenda Item No. 16F11 September 13, 2005 Page 12 of 13 SECTION XVI AMENDMENTS This Agreement may be modified by amendment at any time provided that such amendment is in writing and signed by both parties. SECTION XVII A lTORNEY FEES In the event of any litigation arising under this Agreement, the prevailing party shall be entitled to recoup attorney fees and all costs of litigation from the non-prevailing party at both trial and all appellate levels. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: AITEST: Dwight E. Brock, Clerk Fred W. Coyle, Chairman First Witness Gf:~~""f glIB !Date ' MEDICAL EXAMINER ~~ Marta U. Coburn, M.D. Medical Examiner Florida District Twenty Date:~ 'f,J.gP~ Y4ribLJ 'he. kma.~ Typed or Printed Name Signature / Date tJ.:. ~ ~~~ Typed or Printed Name 10 Agenda Item No. 16F11 September 13, 2005 Page 13 of 13 SECTION XVI AMENDMENTS This Agreement may be modified by amendment at any time provided that such amendment is in writing and signed by both parties. SECTION XVII ATTORNEY FEES In the event of any litigation arising under this Agreement, the prevailing party shall be entitled to recoup attorney fees and all costs of litigation from the non-prevailing party at both trial and all appellate levels. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Fred W. Coyle, Chairman First Witness MEDICAL EXAMINER Signature / Date Marta U. Coburn, M.D. Medical Examiner Florida District Twenty Date: Typed or Printed Name Second Witness Signature / Date Typed or Printed Name Approved as to form and legal sufficiency: Assistant County Attorney 11 Agenda Item No. 16F12 September 13, 2005 Page 1 of 10 EXECUTIVE SUMMARY Recommend Approval of an Inlet Management Policy and Funding Guidelines for Category "A" Tourist Development Taxes. OBJECTIVE: To recommend approval of an inlet management policy and funding guidelines using Category "A" Tourist Development Taxes. CONSIDERATIONS: The Coastal Advisory Committee (CAe) previously developed a Beach Policy and funding Guidelines using Tourist Development Taxes. That policy was adopted by the BCC on December 16,2003. At that time, the BCC tasked the CAC to develop a similar policy and funding guidelines for Collier County's Coastal Inlets when Tourist Development Taxes are requested. Attached is a policy and guidelines developed and approved by the Coastal Advisory Committee. COUNTY ATTORNEY FINDING: The County Attorney has found in the past that certain Inlet Management projects are allowable tourist development tax expenditures. ADVISORY COMMITTEE RECOMMENDATIONS: This item was approved (8-1) by the Coastal Advisory Committee on August 11, 2005 and also approved unanimously (7-0) by the Tourist Development Council on August 22,2005. - FISCAL IMP ACT: The source of funds is from Category "A" Tourist Development Tax fund. Inlet projects have been accounted for in the 10-year capital-funding plan of the CAC and attached to this item. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Approval of this Inlet Management Policy and funding guidelines for Collier County coastal inlets using Category "A" Tourist Development Taxes. PREPARED BY: 1. Gary McAlpin - Agenda Item No. 16F12 September 13, 2005 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ltam Number: Item StMnmary: 16F12 Recommend Approvalot an Inlet Managemenl PQ~cy and Funding Guidelines fOf Calegory A TClurist Deyelopmeot Taxes. Meeting Date: 9'13120059:00:00 AM Prepared By Gary McAlpin Coata\ Project Manage-r OM. County Manager's Office Tourism 8(3012005 5:17:58 PM Approved By Gary McAlpin COI\tal Proje.ct Manager Date County Manager's Office Tourism 6J311200!i 12:07 PM Approved By Jack Wert lourl'im DlrcetoT Dale County Manager's: Ot\'i<.:(? l'ourism 8f3112OO5 3:48 PM Approved By OMB Coordinator Adminisb'atlve Anistnnt Date County MoInager'$ Office Office of Management & BUdget 8131f20G5 4:02 PM Approved By Mark luck$on Budget Analyst Date Count}' Mllnager's Office Office of ManAgemeri1 & Budget 9/1f2005 4:50 PM Approved By Michael SmykoWtiki Managoment & Budget Director Oat. 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II !t~Hml!li!Hnnttlfnldlld~!Utf!Hli Ihm,i 1 ~- - Agenda Item No. 16F13 September 13, 2005 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve two (2) Contractual Service Agreements between Collier County and the East Naples, and Golden Gate Fire & Rescue Districts to provide fire protection and rescue services within the Collier County Fire Control District at a cost of $213,400. OBJECTIVE: Board of County Commissioner's approval of two (2) Contractual Service Agreements with the East Naples, and Golden Gate Fire & Rescue Districts for fIre protection and rescue services to the Collier County Fire Control District. CONSIDERATIONS: 'Collier County Ordinance No. 84-84, as amended, created the Collier County Fire Control Municipal Service Taxing District (District). The purpose of the District is to provide fire protection and rescue services to the residents of the unincorporated areas of Collier County that are located outside the boundaries of existing fIre control districts. The services are provided by four (4) fIre control districts: East Naples, Golden Gate, Isles of Capri, and Ochopee Fire & Rescue Districts. The existing Service Agreements with the two independent fire districts, East Naples and Golden Gate, have expired. New Contractual Service Agreements are required between the County and the East Naples, and Golden Gate Fire & Rescue Districts. The Isles of Capri, and the Ochopee Fire & Rescue Districts are County dependent districts and no agreements are required. Services are funded by an MSTU at a millage rate of 2.0 mills and are distributed for fiscal year 2006 as follows: Golden Gate Fire & Rescue District East Naples Fire & Rescue District Isles of Capri Fire & Rescue District Ochopee Fire & Rescue District $106,700 $106,700 $ 72,700 $106,700 FISCAL IMPACT: The total FY-06 cost of the Agreements is $213,400. Funds are budgeted for FY-06 in Fund 148, Collier County Fire Control. The Isles of Capri and Ochopee Fire Control Districts' portions are included in their FY -06 budgets. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve the two (2) Contractual Service Agreements between Collier County and the East Naples, and Golden Gate Fire & Rescue Districts to provide fire protection and rescue services within the Collier County Fire Control District at a cost of $213,400. Prepared By: Darcy Waldron, Sr. Administrative Assistant Department of Emergency Management Agenda Item No. 16F13 September 13. 2005 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item $umR1llry: 16F13 Meeting Oat.: Recommendation 10 approlle two (2) Contractual Sen'ice Agreemen1s between Collier County and the East Naple6 and Golden Gat-e: Fire & Rescue DIstricts to provide fire protection and rescue services within tile Collier County Fire Control Oh.trlct at fI cost of $213,400. 9/13/20059:00:00 AM Approved By Darcy Waldron Senior Adminlatrilltlve ABsi.tant Dote County Manager's Office Emergency Management 6/29120053:41 PM Approved B)' Dan E. Summers Buroau 01 Emergency Servioos Director Dote Count" Manags"'S Office Bure!1u of Emergf1ncy Serv~ces 81301200512~19 PM Approved By OMS Coordinator Administrative Assistant Dote County Manager's Officl3 Office of Management & BUdQet 81301200512:49 PM Approved By Michael Smykowski Management & Budgm Director D'" county Manager's Office Office of Management & Budget 8/311200511:00 AM Approved By James v. Mudd County Manager D'" Board of County Commissioners COUl,ty Malloger'. Of'ftce 813112005 1:06 PM Agenda Item No. 16F13 September 13, 2005 SERVICE AGREEMENT BETWEEN THE Page 3 of 8 GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT AND THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THIS SERVICE AGREEMENT (Agreement) made this _day of . 2005, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter referred to as "COUNTY"), and the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT (hereinafter referred to as the "DISTRICT"). COUNTY and DISTRICT are collectively referred to herein as the parties. WITNESSETH: WHEREAS, pursuant to Collier County Ordinance No. 84-84, as amended, the Board of County Commissioners created the Collier County Fire Control Municipal Services Taxing Unit (hereinafter referred to as the "Collier County Fire District"); and WHEREAS, the Collier County Fire Control District, as created by Collier County Ordinance No. 84-84, as amended, includes all of the unincorporated area of Collier County, Florida, that is not included within a dependent or independent fIre control district; and WHEREAS, the DISTRICT has the necessary equipment and personnel, as described in fIre department response procedures Exhibit "A" attached hereto and incorporated herein, to provide fIre control, fIre prevention and rescue services to sub-areas of the Collier County Fire Control District; and WHEREAS, certain portions of the Collier County Fire Control District described above require fIre and rescue protection services; and WHEREAS, the parties desire to enter into this Agreement under the authority of the Florida Intergovernmental Cooperation Act of 1969, as amended, as referenced in Chapter 163.01, et. seq., Florida Statutes, for the purpose of providing fIre and rescue service to those geographic areas and parts of the Collier County Fire Control District which are the subject of this agreement. NOW, THEREFORE, in consideration of the premises and covenants set forth herein, and other valuable considerations in hand, received this date, each party from the other, which is hereby acknowledged, the parties hereto agree as follows: 1. The term of this Agreement shall be effective from October I, 2005 through September 30, 2010. This Agreement may be amended as to its terms and conditions at any time by mutual consent of both parties, through a writing executed with the same formalities as this Agreement by both parties. 2. The DISTRICT agrees to furnish fIre protection and rescue services to a portion of the Collier County Fire Control District. The fIre department responses as described in Exhibit "A" shall be deemed to establish the closest station response to calls for service in the Collier County Fire Control District. The DISTRICT shall furnish said fIre protection and rescue services within a primary zone of coverage within the Collier County Fire Control District, as well as in other zones of the Collier County Fire Control District, as required by procedure or upon the request of the COUNTY or other Collier County Fire Control District contract Agenda Item No. 16F13 September 13, 2005 providers. The Fire Chief of the DISTRICT shall, in conjunction wifl\3!:lh6 of 8 Director of Collier County Bureau of Emergency Services and the other agency Fire Chiefs servicing the Collier County Fire Control District, forward to the COUNTY a map indicating and confirming each agency's primary and secondary response zone within the Collier County Fire Control District. Said services shall be provided in the same manner, level and priority as the fire protection and rescue services furnished within the regular DISTRICT, taking into consideration the time, distance and resource limitations of the DISTRICT. 3. The COUNTY agrees to pay the DISTRICT for services rendered to a portion of the Collier County Fire Control District pursuant to the requirements of paragraph 2, above, from taxes collected during each fiscal year of the Agreement. Payment shall be calculated from the latest tax assessment rolls available on May 15t of each at an assessed rate of 2.0 mills for the duration of the Agreement. Available tax revenue is the total amount of taxes available for fire and rescue protection services after costs of collection have been deducted. Payment is to be paid on a quarterly basis on January 1, April 1, July 1, and September 1. Revenue and payment will be based on the following formula: Total ad Valorem revenue for Collier County Fire Control District, less collection fees and administrative costs. The remaining balance is to then be divided in half, with the first half being split four ways between the East Naples Fire Control and Rescue District, the Ochopee Fire Control District, the Golden Gate Fire Control and Rescue District and the Isles of Capri Municipal Rescue and Fire Services Taxing District. The second half would then be split using the following percentages: 12.01% to the Isles of Capri Municipal Rescue and Fire Services Taxing District, with the East Naples Fire Control and Rescue District, the Ochopee Fire Control District and the Golden Gate Fire Control and Rescue District each receiving 29.33%. 4. Both parties to this Agreement hereby agree to cooperate and participate in mutual programs and projects in the interest of fire and rescue protection within the County of Collier, and with the Fire Marshall of the State of Florida. 5. At any time during this Agreement, in the event of non-performance of the obligations arising under this Agreement by either party, the other shall provide written notice of the specific grounds of such a claim to the chief administrator of 2 Agenda Item No. 16F13 .__ ..$.swtember 13. 2005 Page 5 of 8 . . the non-performing party. The party receiving such a notice shall then have fifteen (15) days in which to respond to and remedy the claim of non- performance. In the event that the non-performance is not remedied within the IS-day period, the party claiming the non-performance shall have the right to terminate this Agreement. 6. All Service Agreements and amendments thereto, between the COUNTY and the DISTRICT relating to the area previously termed the Collier County Fire Control District are hereby rescinded and superseded. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~r?~~ Witness: III '\J . GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, an Independent Special District of ~unty. Florida BY~ 66 'J Donald R. petersoh~~tered A BOARD OF COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman ATTEST: Dwight E. Brock, Clerk Deputy Clerk FO~ Sufficiency 3 t Agenda Item No. 16F13 September 13. 2005 Page 6 of 8 SERVICE AGREEMENT BETWEEN THE EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT AND THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THIS SERVICE AGREEMENT (Agreement) made this _day of . 2005, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter referred to as "COUNTY"), and the EAST NAPLES FIRE CONTROL AND RESUCE DISTRICT (hereinafter referred to as the "DISTRICT"). COUNTY and DISTRICT are collectively referred to herein as the parties. WITNESSETH: WHEREAS, pursuant to Collier County Ordinance No. 84-84, as amended, the Board of County Commissioners created the Collier County Fire Control Municipal Services Taxing Unit (hereinafter referred to as the "Collier County Fire District"); and WHEREAS, the Collier County Fire Control District, as created by Collier County Ordinance No. 84-84, as amended, includes all of the unincorporated area of Collier County, Florida, that is not included within a dependent or independent fire control district; and WHEREAS, the DISTRICT has the necessary equipment and personnel, as described in fire department response procedures Exhibit "A" attached hereto and incorporated herein, to provide fire control, fire prevention and rescue services to sub-areas of the Collier County Fire Control District; and WHEREAS, certain portions of the Collier County Fire Control District described above require fire and rescue protection services; and WHEREAS, the parties desire to enter into this Agreement under the authority of the Florida Intergovernmental Cooperation Act of 1969, as amended, as referenced in Chapter 163.01, et. seq., Florida Statutes, for the purpose of providing fire and rescue service to those geographic areas and parts of the Collier County Fire Control District which are the subject of this agreement. NOW, THEREFORE, in consideration of the premises and covenants set forth herein, and other valuable considerations in hand, received this date, each party from the other, which is hereby acknowledged, the parties hereto agree as follows: 1. The term of this Agreement shall be effective from October 1, 2005 through September 30, 2010. This Agreement may be amended as to its terms and conditions at any time by mutual consent of both parties, through a writing executed with the same fonnalities as this Agreement by both parties. 2. The DISTRICT agrees to furnish fire protection and rescue services to a portion of the Collier County Fire Control District. The fire department responses as described in Exhibit "A" shall be deemed to establish the closest station response to calls for service in the Collier County Fire Control District. The DISTRICT shall furnish said fire protection and rescue services within a primary zone of coverage within the Collier County Fire Control District, as well as in other zones Agenda Item No. 16F13 September 13, 2005 Page 7 of 8 of the Collier County Fire Control District, as required by procedure or upon the request of the COUNTY or other Collier County Fire Control District contract providers. The Fire Chief of the DISTRICT shall, in conjunction with the Director of Collier County Bureau of Emergency Services and the other agency Fire Chiefs servicing the Collier County Fire Control District, forward to the COUNTY a map indicating and confirming each agency's primary and secondary response zone within the Collier County Fire Control District. Said services shall be provided in the same manner, level and priority as the fire protection and rescue services furnished within the regular DISTRICT, taking into consideration the time, distance and resource limitations of the DISTRICT. 3. The COUNTY agrees to pay the DISTRICT for services rendered to a portion of the Collier County Fire Control District pursuant to the requirements of paragraph 2, above, from taxes collected during each fiscal year of the Agreement. Payment shall be calculated from the latest tax assessment rolls available on May 1 st of each at an assessed rate of2.0 mills for the duration of the Agreement. Available tax revenue is the total amount of taxes available for fire and rescue protection services after costs of collection have been deducted. Payment is to be paid on a quarterly basis on January 1, April 1, July 1, and September 1. Revenue and payment will be based on the following formula: Total ad Valorem revenue for Collier County Fire Control District, less collection fees and administrative costs. The remaining balance is to then be divided in half, with the first half being split four ways between the East Naples Fire Control and Rescue District, the Ochopee Fire Control District, the Golden Gate Fire Control and Rescue District and the Isles of Capri Municipal Rescue and Fire Services Taxing District. The second half would then be split using the following percentages: 12.01% to the Isles of Capri Municipal Rescue and Fire Services Taxing District, with the East Naples Fire Control and Rescue District, the Ochopee Fire Control District and the Golden Gate Fire Control and Rescue District each receiving 29.33%. 4. Both parties to this Agreement hereby agree to cooperate and participate in mutual programs and projects in the interest of fire and rescue protection within the County of Collier, and with the Fire Marshall of the State of Florida. 5. At any time during this Agreement, in the event of non-performance of the obligations arising under this Agreement by either party, the other shall provide written notice of the specific grounds of such a claim to the chief administrator of 2 Agenda Item No. 16F13 September 13, 2005 Page 8 of 8 the non-performing party. The party receiving such a notice shall then have fifteen (15) days in which to respond to and remedy the claim of non- performance. In the event that the non-performance is not remedied within the IS-day period, the party claiming the non-performance shall have the right to terminate this Agreement. 6. All Service Agreements and amendments thereto, between the COUNTY and the DISTRICT relating to the area previously termed the Collier County Fire Control District are hereby rescinded and superseded. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, an Independent ---;j, . ()\. 0 K..-lJ Special r~~k Florida (" ~4~~ \!Y. ~ , ,C~ Witness: BOARD OF COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman ATTEST: Dwight E. Brock, Clerk Deputy Clerk orm and Legal Sufficiency ~ , Assist. County Attorney 3 Agenda Item No. 16F14 September 13, 2005 Page 1 of 6 "".....-.... EXEcUTfVES~Y Recommendation to approve and execute a License Agreement with Wal-Mart Stores, Inc. for County employee parking. OBJECTIVE: To provide more convenient public parking during construction of the second government center parking garage. CONSIDERATIONS: In an effort to better accommodate 1he parking needs of the general public at the government center, staff has been investigating altemative solutions for providing additional parking. Wal-Mart Stores, Inc. has most generously offered the County the use of 71 parking spaces at its store located immediately south of the government center. These spaces will be used by County employees, only, thereby freeing up additional parking spaces for the public. Exhibit ."A" to the attached License Agreement shows the 71 spaces. The License will commence on October 1, 2005 and run through December 31, 2006. The rental amount for the full term of the License is $1. The attached License Agreement has been reviewed and approved by the County Attorney's Office and Risk Management Department. FISCAL IMPACT: The $1 rental amount will be paid from Facilities Management County-Wide CIP Fund (301). GROWTH MANAGEMENT IMP ACT: There is no impact to the Collier County Growth .-. Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached License Agreement and authorize Chairman Coyle to execute the Agreement on behalf of the Board of County Commissioners. PREPARED BY: Charles E. Carrington, Jr., SRfW A, Real Estate Services Manager Facilities Managemen~ Department ~ - Agenda It8m No. 16F14 September 13, 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: item Summary: 16F14 Meeting Om: Recommendation to approve and elC8cute a License Agreement with Wal-Mart Stores, Inc. for County employee parking. 9/13/20015 9:00:00 AM Approved By Skip Camp, C.F.M Facitruea Management Director 0... Administrative Servicea Facilities Management 81512005 3:15 PM Approved B)o' Len Golden Price Administrative Services Administrator Date Administrative Service. Administrative Services Admin. 812412005 8:.46 AM Approved By OM8 Coordinator Admjnistrativ~ Assi,tant Dol. County Manager's Office Office of Man.agemeot & Budget 812412005 11;06 AM Approved By Michael smykowskl Management & Budget Director Date County Mllnager's Office Office 0' Management & Budget 8/251200510:56 AM Approved By James V. Mudd Board of County Commissioners County M~nager Dol. County Manllger's Office 8126/200511:57 AM .. Agenda Item No. 16F14 September 13, 2005 Page 3 of 6 #1119 Naples, Florida LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement"), made and entered into this _ day of 2005, by and between WAL-MART STORES, Inc. of 702 S.W. 8111 Street with offices at 2001 S.E. 10th Street, BentonvilIe, Arkansas 72716-0550, Attn: Realty Management Dept. #44-9384 (collectively, "Licensor"); and Collier County ("Licensee"), with an address of, 3301 East Tamiami Trail, Naples, Florida 34112. WITNESSETH WHEREAS, Licensor is the owner of/holds a leasehold interest in that property known as Wal-Mart Store #1119, located at Naples, Florida ("Premises"), and WHEREAS. Licensee under this Agreement proposes to utilize parking spaces at the facility known as Wal-Mart Store #1119 ("License Area"), as depicted on Exhibit A; and WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be conducted by Licensee at the License Area, under such terms and conditions as are hereinafter more particularly set forth. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree as follows: 1. The Licensee is given permission to occupy the License Area for the purpose of non-exclusive use of seventy one (71) parking spaces for the parking of passenger vehicles, (the "Permitted Use") on the License Area and for no other reason. Should the License Area be used for another purpose, Licensor may revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee shall secure at its sole cost and expense from all the appropriate authorities, all licenses and/or permits necessary to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable laws, rules, codes andlor other regulation governing such operation; obtain any and all necessary consents or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or regulatory body, city, county, state, or federal agency, or other such body. Any fee, fine, cost, levy, or other such charge resulting from the failure of Licensee to obtain and/or display any such item shall be the sole responsibility of Licensee. Failure to pay any such charge shall be a default under this Agreement. If such charge remains unpaid for a period of ten (10) days then Licensor may terminate this Agreement. Licensor makes no representation as to the availability of permits, and Licensor shall have no liability to Licensee in the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for any reason to obtain all licenses and/or permits necessary to operate on the License Area, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately upon notification. 2. The term of the Agreement shall begin on October I, 2005 and end on December 31. 2006 ("Term"). 3. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to Licensor the sum of $1.00, payable in advance, upon execution and delivery hereof. All checks and correspondence to be sent to: Bank of America, Lockbox Area-4th Floor, P.O. Box 500620, 800 Market Street. St. Louis. MO 63101. 4. Licensee shall pay during the Term hereof all electrical, water, gas, telephone, and other public or private utility charges in connection with its occupancy and use of the License Area, including all costs of operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective through the end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all utility services furnished to the License Area. Licensee shall deliver to Licensor, within 10 days of written request. evidence that the utility companies have been notified to bill Licensee directly for all services to the License Area. In the event Licensor receives any invoices for utilities for the period during which Licensee occupied the License Area. Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor. In the event Licensee fails to make payment Licensor shall be entitled to remit Agenda Item No. 16F14 September 13.,~005 Page"tt of 6 payment on behalf of Licensor. Licensee shall thereafter reimburse Licensor for the amount of the utility bill plus ten (10%) of the total to reimburse Licensor for its administrative expense. 5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash or debris. If Licensee shall fail to maintain the License Area in a clean manner, Licensor shall have the right to clean the License Area after five (5) days written notice to Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days of its receipt or this Agreement shall immediately terminate, and Licensee shall vacate and surrender the License Area to Licensor. 6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the . event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If Licensee fails to cure within twenty-four (24) hours of notification, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. 7. . Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the surface of the parking lot at the License Area. Should a tent or tents be necessary for display or to conduct business, the tent or tents shall be freestanding and shall be located in an area which Licensor designates. Should damage occur to the License Area due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be permitted to invoice Licensee for all costs incurred to repair such damage and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days of its receipt or this Agreement shall immediately terminate and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to collect any outstanding reimbursements related to this Agreement. 8. Licensee hereby agrees and covenants that all items ("Property") placed in or on the License Area by Licensee, its employees, agents, or invitees of Licensee, or any occupant of the License Area, will be removed from the License Area as soon as practicable following termination of this Agreement, but in no event later than five (5) days following tennination of this Agreement. If Licensee fails to remove the Property within the five day period, Licensor shall have the right to remove the Property from the License Area. Such Property shall become the sole and personal property of Licensor, and Licensor may dispose of it at its discretion. 9. Upon termination of the Agreement, Licensee shall leave the License Area broom clean in the same condition as at the commencement of the tenn hereof, reasonable wear and tear excepted. Licensee further agrees and covenants that it will remove all property and clean the License Area (including sweeping of its area of the parking lot) at Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will contact Manager ofWal-Mart Operating Store #1119, located at Naples, Florida, for a walk-through and return of key, if applicable, upon vacating the License Area. 10. Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or expense, including reasonable attorney's fees and costs, and any fines whatsoever which may arise or be claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of the License Area by Licensee, the Licensee's agents, employees, or servants, or arising from or in connection with any other act or omission of Licensee. Licensor understands and agrees that Licensee's indemnification of Licensor above the insurance limits stated il1 Paragraph 12 is limited to the, greatest extent allowed by Florida Law. 11. All Property belonging to Licensee, employees, agents, or invitees of Licensee, or any occupant of the License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and Licensor shall not be liable to damage thereto or theft or misappropriation thereof, provided, however, that . should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be disposed of by Licensor without obligation to Licensee. C:\Doc:wn::nlS and Settings'<:amngton_clLocaJ Settings\Temporary IntemetFiles\OLK207\#1119 Naples R.. License Agreement.doc 8/112OOS Agenda Item No. 16F14 September 13~2005 Page~ of 6 12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with companies licensed to do business in this State, in an amount not less than $2,000,000 single limited personal injury and property damage and $1,000.000 Worker's Compensation Insurance. All policies of insurance shall be considered primary of any existing, similar insurance carried by Licensor. Licensee shall furnish Licensor with a Certificate of Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies that may be owned by Licensor or Licensee, Licensee or Licensor and their respective insured, for the benefit of each other, waive any and all rights of subrogation that might otherwise exist. 13. Licensor hereby reserves the right during the Term hereof, for itself or its duly authorized agents or representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to any prospective purchaser, tenant or sub-tenant, or for any purpose for which Licensor may be required to go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the Premises for marketing and/or advertising purposes. 14. Solicitation and/or distribution of literature is prohibited at all times in any area of the store building. Solicitation and lor distribution of literature is permitted outside the building provided the solicitation and distribution of literature does not unduly harass Wal-Mart's Associates or Customers and does not impede the free flow of traffic. Wal-Mart shall have the sole right to determine what constitutes undue harassment of its Associates and Customers, and Wal-Mart shall have sole right to determine whether the solicitation and lor distribution of literature impedes the free flow of traffic. No sign, poster, placard, display, handbill or written material shall contain or depict "fighting words", obscenities, pornography, gross or gruesome displays, highly inflammatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal-Mart shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph. Licensee shall be required to sign two (2) copies of the Solicitation and Distribution of Literature Rules. Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets. pamphlets, or other written material. 15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal Express, or overnight delivery, and Licensee shall vacate and surrender the License Area to Licensor immediately with each party having all rights as if this Agreement has expired. IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed as of the date first herein written. LICENSEE: COLLIER COUNTY LICENSOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA W AL-MART STORES, INC BY: BY: Fred W. Coyle ITS: Chairman ITS: DA TED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: By ---1J1N\ r1'~ Thomas C. Palmer By: Deputy Clerk Assistant County Attorney C:\Docurnents and Seltings\carringtoo_clLocal Seltings\Temporary Internet Files1OLK2071#1119 Naples FL License Agreement.doc 8/112005 ! 63! ie- ~~~ ;j~~ ie! ~;i J ..r . : ii~~ \ ) i!i I !m ' Ii !!i i~ ~~ II &1 !iij a! ~i; i~9~ da li!l - ey,i ~.::l!l .. ' , ~H \. :... ~ ; .5 ;~ ~: -5 1 , i i ." h !::. :4<<; '.'Jt!tf'nt IoOSJrtf<wd)C] ]~1"~ .\ il I , " Jj I ,; I J . l'\ I, <"; \ \,~.;:.~Ul;\ J . ,,,~,,,..,,. I ....,.'-~~-~... .. ...~_. 'WJ.l "\ I ... u ... - ~ , r ", l l:t 1 I u I , Ii: 1 . I ;; : ! ; iti ~ , I ~i : I i a ~ 1 .t t~ !i~ ~ '"' .. Ii j' -..:; , I ~ P ~ \~! ~ 1:1: fj.q . ~.P ~ ; ~i r... I,'I VJ ; I j ~ ~ !:~ ~ ! ,'., 's r:;: l,.o " ~ ~ I ~ :o.l ll!. ;. ;~: ~: 1',: ~ ;~\ ~ ::: ~ iJ~ ~ ' . i ~ : l'i ".11'. 1; ~ i~ : .--; y j ~ . ~i ; . :" ~- ~= ! ~. . ~ ~ ~_. EXECUTIVE SUMMARY Agenda Item No. 16F15 September 13, 2005 Page 1 of 14 Recommendation to approve a Debt Management Policy for Collier County Government OBJECTIVE: That the Board of County Commissioners adopt a debt management policy for Collier County Government. CONSIDERATIONS: All debt proposed to be issued by Collier County Government is reviewed internally by the Finance Committee consisting of the following five voting members: the OMB Director, the Clerk of Courts General Accounting Manager, the Senior Budget and Management Analyst responsible for capital projects in OMB, the Public Utilities Director of Fiscal Operations, and the Director of Utility Billing and Customer Service. The County's Financial Advisor is also an active participant in all Finance Committee discussions. Basic principles/policies associated with debt issuance are included in the budget policy guidelines adopted annually by the Board of County Commissioners. Additionally, the Collier County Growth Management Plan has a policy limiting general government debt to 13% of bondable revenues. Given that Collier County is issuing and contemplating additional debt to finance infrastructure improvements, a more formalized debt management policy is desired. This will also provide bond insurers and credit rating agencies with additional knowledge of Collier County practices relating to debt issuance. Several guiding principles have been identified that provide the framework within which the issuance, management, continuing evaluation of and reporting on all debt obligations issued by Collier County takes place. - The Finance Committee, in conjunction with the Collier County Financial Advisor, developed the attached policies relative to debt issuance. The major sections of the debt policy address the following topics: purposes and uses of debt, creditworthiness, debt structure, debt administration, long-term debt, financing team, and short-term debt and interim financing. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMP ACT: Adoption of this policy affirms the long-standing policy in the Collier County Growth Management Plan that general government debt service will not exceed 13% of bondable revenues considered to include all governmental revenues such as ad valorem taxes, including the Communications Services Tax and state shared revenues (sales tax and gas taxes). As of the close ofFY 2004, general government debt was only 8.29% of bondable revenues as defined above. RECOMMENDATION: That the Board of County Commissioners: 1) Approve the attached debt management policy. Prepared by: Michael Smykowski, OMB Director .-' Agenda Item No. 16F15 September 13, 2005 Paqe 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16F15 Item Summary: That the Board of County Commissioners adopt a debt management policy lor Collier County Government Meeting Date: 9/11/2005 9:00:00 AM Approved By OMB Coordin.:nor Administrative A$lsistant Date County Manager's Office Office of Managermmt & Budget 916120051:12 PM Approved By Michael Smykowski Man"gement & Budget Dire<;tor D,te County Manager's Office Office of Management & Bud~t 9/6120052:06 PM Apprond B~' James Y. Mudd County Manager Date Board of County Commissioners County Manager's OffIce 916/20054:47 PM Agenda Item No. 16F15 September 13, 2005 Page 3 of 14 Collier County Debt Management Policy The objective of this Debt Management Policy is to provide ongomg guidance to the Administration and Clerk of the Circuit Court of Collier County ("County") as to the Board of County Commissioners' ("Board") desires with respect to management of the County's debt. Upon adoption, the Debt Management Policy will determine in most cases the action required by staff in the administration of debt and define limits upon other actions that require specific approval of the Board. The County issues debt under several types of security. The general obligation credit is secured by the County's ability to levy ad valorem taxes on real and personal property within the County. The limited ad valorem tax pledge is created by voter referendum setting the millage for and purpose of the issuance of debt. Assessment bonds are secured by special assessment upon the property owners benefiting from specific improvements to their community. Revenue bonds are secured by dedicated revenue streams arising from sales taxes, special taxes and charges for services, such as water, sewer and solid waste collection and disposal. Several guiding principles have been identified that provide the framework within which the issuance, management, continuing evaluation of and reporting on all debt obligations issued by Collier County takes place. These principles are incorporated in the current process and it is intended that they be incorporated into the formal policy document as follows: PURPOSES AND USES OF DEBT Asset Life The County will consider long-term financing for the acquisition, maintenance, replacement, or expansion of physical assets (including land) only if they have a useful life of at least five years. Debt will be used only to finance capital projects and equipment, except in case of emergency. County debt will generally not be issued for periods exceeding the useful life or average useful lives ofthe project or projects to be financed. Agenda Item No. 16F15 September 13, 2005 Page 4 of 14 CaDital FinancinJ! Debt oflonger amortization periods will be issued for capital projects when it is an appropriate means to achieve a fair allocation of costs between current and future beneficiaries. Debt shall not, in general, be used for projects solely because insufficient funds are budgeted at the time of acquisition or construction. To the degree possible, the County will rely on. specifically generated funds and/or grants and contributions from other governments to finance its capital needs on a pay as you go basis. To achieve this it may become necessary to secure short term (not exceeding 5 years amortization) construction funding. Such financing is anticipated and allows maximum flexibility in CIP implementation. Debt Guarantees The County may consider, on case-by-case basis, the use of its debt capacity for legally allowable capital projects by public development authorities or other special purpose units of government. CREDITWORTHINESS Credit RatinJ!s Collier County seeks to maintain the highest possible credit ratings for all . categories of short- and long-term debt that can be achieved without compromising delivery of basic County services and achievement of adopted County policy objectives. Financial Disclosure The County is committed to full and complete financial disclosure, and to cooperating fully with rating agencies, institutional and individual investors, County Operating Departments and agencies, other levels of government, and the general public to share clear, comprehensive, and accurate financial and other relevant information. The County is committed to meeting secondary disclosure requirements on a timely and comprehensive basis. The Clerk of the Circuit Court's Finance Department is responsible for ongoing disclosure to established national information repositories and for maintaining compliance with disclosure standards promulgated by state and national regulatory bodies, and may carry out such responsibility through the engagement of an outside dissemination agent. Agenda Item No. 16F15 September 13, 2005 Page 5 of 14 CaDital Plannin~ To enhance creditworthiness and prudent financial management, Collier County is committed to systematic capital planning, intergovernmental cooperation and coordination, and long-term financial planning. Evidence of this commitment to systematic capital planning is demonstrated through adoption and periodic adjustment of a Comprehensive Plan pursuant to Chapter 163, Florida Statutes, the Florida Growth Management Act and Rule 9 J 5, and the adoption of the five year Capital Improvement Plan (CIP). Debt Limits The County will keep outstanding debt within the limits prescribed by State statute and County policy and at levels consistent with its creditworthiness, best practices, needs and affordability objectives. Debt Service Ratio A policy regarding the issuance of debt was adopted in the Growth Management Plan. According to that policy total general government debt service will not exceed 13 percent of bondable revenues considered to include all governmental revenues such as ad valorem taxes including Communication Services Tax and state-shared revenues, specifically gas taxes, state revenue sharing, and the half-cent sales tax. Formula Sum of (Ad Valorem Revenues plus Communication Service Tax plus Gas Tax Revenues plus Half-C~nt Sales Tax plus State Revenue Sharing Revenues) divided by Fiscal Year Debt Service Voter ADDro'Ved Debt General Obligation and Limited Ad Valorem debt is voter-approved. A determination should be made before presenting issues to voters that the County's general credit will not be impaired by issues of the proposed debt. The credit evaluation will consider debt to assessed value of taxable property, debt per capita, per capita debt to per capita income, percentage of debt repaid within ten years, debt service expense to total general governmental expenditures and other such ratios considered by credit rating agencies and bond insurers. Agenda Item No. 16F15 September 13, 2005 Page 6 of 14 Debt Service CoveraJle The creditworthiness of revenue-backed debt, whether tax revenues or utility revenues, is generally measured by debt service coverage, that is, the number of times the pledged revenue stream covers the maximum annual debt service. Acceptable coverage levels vary from one type of credit to another and from time to time. Prior to issuance of revenue- backed debt, an evaluation of projected coverage will be made to determine that the credit rating of the debt will not be impaired by the proposed issuance or foreseeable future debt issuances. DEBT STRUCTURE Len1!th of Debt" Debt will be structured for the shortest amortization period consistent with a fair allocation of costs to current and future beneficiaries or users. The average life of debt will not exceed the average life of assets acquired. Debt Structure Debt will be structured to achieve the lowest possible net cost to the County given market conditions, the urgency of the capital project, and the nature and type of security provided. Moreover, to the extent possible, the County will design the repayment of its overall debt so as to recapture rapidly its credit capacity for future use. BackloadinJ! The County will normally seek to structure debt with level principal and interest costs over the life of the debt. "Backloading" of costs will be considered when natural disasters or extraordinary or unanticipated external factors make the short-term cost of the debt prohibitive, when the benefits derived from the debt issuance can clearly be demonstrated to be greater in the future than in the present, when such structuring is beneficial to the County's overall amortization schedule, or when such structuring will allow debt service to more closely match project revenues during the early years of the project's operation. Subordinate Debt The County may issue subordinate debt only if it is financially beneficial to the County or consistent with creditworthiness objectives. Agenda Item No. 16F15 September 13, 2005 Page 7 of 14 Refundin1!s The County's staff and advisors will undertake periodic reviews of all outstanding debt to determine refunding opportunities. Refunding will be considered (within federal tax law constraints) if and when there is a net economic benefit of the refunding or the refunding is essential in order to modernize covenants essential to operations and management. In general, advance refundings for economic savings will be undertaken when a net present value savings of at least five percent of the refunded debt can be achieved. For an advance refunding, the five percent threshold is a reasonable assumption to assure the use of the one allowable advance refunding is profitable. Five percent savings is often considered a benchmark but any advance refundings that produce a smaller net present value saving may be considered on a case-by-case basis. Current refundings that produce a net present value saving of less than five percent will be considered on a case-by-case basis. Refundings with negative savings will not be considered unless there is a compelling public policy or legal objective. Credit Enhancements Credit enhancement, such as letters of credit and bond insurance, will be secured when net debt service on the bonds is reduced by more than the costs of the enhancement. Derivatives The use of derivatives, such as interest rate swaps, options to execute swaps, fOlward transactions and other hedging mechanisms may be appropriate when they achieve a specific financial objective consistent with overall financial policy and related risks are analyzed are understood and are considered reasonable in the circumstances. Either knowledgeable County staff, or the County's Financial Advisor, shall prepare an analysis of any proposed derivative transaction delineating how the derivative fits within the overall debt management program, what type of derivative being employed and the mechanics of the transaction. The analysis will identify and evaluate all relevant risks of the transaction. This section does not endorse the use of derivatives for investment purposes as stated in the Collier County Investment policy, which specifically prohibits the use of any derivative instrument for investment purposes. Agenda Item No. 16F15 September 13, 2005 Page 8 of 14 DEBT ADMINISTRATION Finance Committee As part of the debt management process, the Finance Committee ("FC") currently operates to review and make recommendations regarding the issuance of debt obligations and the management of outstanding debt. The FC currently consists of representatives of the Budget Department, Clerk of the Circuit Court and other County Manager Agency representatives as designated by the County Manager. Others participating in the Fe's efforts to provide technical expertise and advice include representatives from firms serving as the County's Financial Advisor, Disclosure Counsel and Bond Counsel. Consultants participate upon the FC's request. The FC considers all outstanding and proposed debt obligations, and develops recommended action on issues affecting or relating to the creditworthiness, security and repayment of such debt obligations, including but not limited to procurement of services; structure, repayment terms and covenants of the proposed debt obligation; and issues which may affect the security of the bonds and primary and secondary market disclosure to bondholders. Annual Debt Reoort The FC will be responsible for preparing and releasing an Annual Debt Report to the Board. Such report shall pertain to the prior Fiscal Year, and may include the following elements: (1) calculations of the appropriate ratios and measurements necessary to evaluate the County's credit, and that of its various Enterprise Systems, as compared with acceptable municipal standards; (2) information related to any significant events affecting outstanding Debt, including conduit debt obligations; (3) an evaluation of savings related to any refinancing activity; (4) a summary of any changes in Federal or State laws affecting the County's debt program; and (5) a summary statement by the FC as to the overall status of the County's debt obligations and debt management activities. Agenda Item No. 16F15 September 13, 2005 Page 9 of 14 Report to Bondholders The County, through the Clerk of the Circuit Court's Finance Department, shall prepare and release to all interested parties the Comprehensive Annual Financial Report ("CAFR") which will act as the ongoing disclosure document required under the Continuing Disclosure Rules promulgated by the Securities Exchange Commission [SEC Rule 15c2-12(b)(5)]. This report shall contain general and demographic information on Collier County, and a discussion of General Government activities, the Water and Wastewater System, Solid Waste System and any additional systems that may subsequently be established by the County. The information presented on General Government and on each Enterprise System shall comply with the disclosure obligations set forth in the Continuing Disclosure Certificates issued in connection with its debt obligations, and may include information on the following: service areas, rates and charges, financial statement excerpts, outstanding and proposed debt, a summary of certain bond resolution provisions, a management discussion of operations, and such other information as the County shall deem to be important. The report shall also include selected Notes to the Financial Statements and, to the extent available, information on conduit debt obligations issued by the County on behalf of another entity. Investment of Bond and Note Proceeds All proceeds of debt incurred by the County, other than conduit debt obligations, are invested as part of the County's consolidated cash pool unless otherwise specified by the bond covenants. Investments are consistent with those authorized by existing County and State law and by the County's investment policies. Costs and Fees All costs and fees related to issuance of bonds, other than conduit bonds, are paid out of bond proceeds or by the project lead Operating Department. FinancinJ! Proposals Any capital financing proposal to a County Operating Department, Agency, or Utility involving pledge or other extension of the County's credit through sale of securities, execution of loans or leases (excluding State Revolving Fund loans), marketing guarantees, or otherwise involving directly or indirectly the lending or pledging of the County's credit, is referred to and reviewed by members of the FC. Agenda Item No. 16F15 September 13, 2005 Page 10 of 14 Conduit Bond Finanein!! Periodically the County is approached with a request to provide conduit bond financing for qualified projects through the Collier County Health Facilities Autho"rity, Housing Authority or Industrial Development Authority. Applications for such issues are processed pursuant to guidelines approved by the Board. The Financial Advisor, Bond Counsel, and County Attorney staff, in coordination with the Health Facilities Authority and Industrial Development Authority, will review all applications to provide a funding recommendation to the Board. LONG TERM DEBT Bond and Note Sales After obtaining approval by the Board to incur debt, the requesting entity, in conjunction with the FC, assists in the production of appropriate resolutions for consideration by the Board. Before the sale of bonds or notes, the requesting Operating Department assists in the development of a "Sources, Uses, and Payment" memo to the Director of Finance identifying source and use of bond proceeds, Funds and/or Sub-Funds and/or account codes for deposit of all Bbond Proceeds, and Funds and/or Sub-Accounts for payment of debt service. No bonds, notes or other forms of indebtedness are incurred by the County without submission of a "Sources, Uses, and Payments" memo to the Board by the Director of Finance and Budget Director. Comoetitive Sale In general, County debt is issued through a competitive bidding process. Bids are awarded on a True Interest Cost basis ("TIC"), provided other bidding requirements are satisfied. In such instances where the County in a competitive bidding deems the bids received unsatisfactory, it may, at the election of the Board, enter into negotiation for sale of the securities. Ne1!otiated Sale Negotiated sale of debt is considered when the complexity of the issue requires specialized expertise, when the negotiated sale would result in substantial savings in time or money, when market conditions are unusually volatile, when the County's credit is problematic or when a negotiated sale is otherwise in the best interest of the County and authorized by a resolution to that effect by the Board. Agenda Item No. 16F15 September 13, 2005 Page 11 of 14 FINANCING TEAM Selection Process The FC makes recommendations to the Board as to the selection of underwriters, bond counsel, disclosure counsel and financial advisors. The Board makes all final determinations. That determination is made following an independent review of responses to requests for proposals (uRFPs") or requests for qualifications (uRFQs") by the County's management as described below. Underwriters For all competitive sales, underwriters are selected by their competitive bids on bonds. For negotiated sales, underwriters are selected through an RFP process to appoint a pool of underwriters for a term of up to five years. From that pool, senior managing underwriters for individual financings are selected through a "mini-RFP" process, based on their qualifications to manage the particular transaction under consideration. The FC will conduct the evaluation of responses to RFPs and mini-RFPs. Bond Counsel The County retains external bond counsel for all debt issues. All debt issued by the County includes a written opinion by bond counsel affirming that the County is authorized to issue the debt and determining the debt's federal income tax status. Bond counsel is engaged for a term of up to five years through a competitive process approved by the Board and administered by the County Attorney. The selection criteria include a requirement for comprehensive municipal debt experience. Disclosure Counsel The County retains external Disclosure Counsel for all public offerings. Disclosure Counsel renders an opinion to the County (and a reliance letter to the underwriters if requested) in connection with each such offering to the effect that, with certain conditions, nothing came to their attention to indicate the offering document contains any untrue statement or omits a material fact required to be included. Disclosure Counsel shall provide legal advice to the County to assist it in meeting its secondary market disclosure obligations. Disclosure Counsel is engaged in the same manner as Bond Counsel. Agenda Item No. 16F15 September 13, 2005 Page 12 of 14 Underwriter's Counsel On negotiated public offerings, the senior managing underwriter may select counsel, subject to approval by the County, to be compensated as an expense item to be negotiated as part of the gross underwriting spread. Financial Advisor The County retains a Financial Advisor, selected for a term of up to five years, through an RFP process administered by the County's Office of Management and Budget. Financial Advisors are required to have comprehensive municipal debt experience, including diverse financial structuring and pricing of municipal securities. For each County bond sale the Financial Advisor will assist the County in determining the optimum structure of the debt and negotiating favorable pricing terms and managing the debt issuance process. In addition to transactional tasks, the Financial Advisor will advise the County on strategic financial planning matters and assist in management and operational evaluations and improvements where appropriate and as directed by the County. Pavinl! Al!ent The County may utilize a Paying Agent on all County indebtedness, except for short-term commercial paper borrowings. The fees and expenses for servicing outstanding bonds are paid from the appropriate debt service fund, unless specified otherwise by the County. Other Service Providers The County may periodically select other service providers (e.g., escrow agents, verification agents, trustees, arbitrage consultants, etc.) as necessary to meet legal requirements and minimize net County de.bt costs. These services can include debt restructuring services and security or escrow purchases. The County may select finn(s) to provide such fmancial services related to debt without a RFP or RFQ, consistent with County and State legal requirements. Arbitral!e Comoliance The Department of Finance maintains a system of record keeping and reporting to meet the arbitrage rebate compliance requirements of the federal tax code. Arbitrage rebate liabilities will be calculated and recorded in the County's financial statements annually by an independent, qualified consultant. The County may select firm(s) to provide such financial services related to debt without a RFP or RFQ, consistent with County and State legal requirements. Agenda Item No. 16F15 September 13, 2005 Page13of14 SHORT-TERM DEBT AND INTERIM FINANCING Variable Rate Debt The County may choose to issue securities that pay a rate of interest that varies according to pre-determined formula or results from a periodic remarketing of the securities, consistent with state law and covenants of pre-existing bonds, and depending on market conditions. The County will limit its outstanding bonds in variable rate form to reasonable levels in relation to total debt and unhedged short-term investments, as determined by an asset/liability management analysis. Short Term Notes Use of short-term borrowing, such as bond anticipation notes and tax-exempt commercial paper, will be undertaken only if the transaction costs plus interest of the debt are less than the cost of internal financing, or available cash is insufficient to meet working capital requirements. State Revolvine Fund Proeram This program provides funds for projects involving water supply and distribution facilities, stormwater control and treatment projects, air and water pollution control, wastewater collection and processing and solid waste disposal facilities. Whenever possible, this program will be utilized since the costs associated with issuing the state's bonds are low and local agencies benefit from the strength of the state's credit. Commercial Paper The County may choose to issue Commercial Paper as a source of interim financing for projects contained in the County's approved Capital Improvement Plan if determined by County staff and FC that this type of financing would be most cost effective. All Commercial Paper issues shall be approved by the Board of County Commissioners. Lines and Letters of Credit When directed by the FC, the County has the power to enter into agreements with commercial banks or other financial entities for purposes of acquiring lines or letters of credit that shall provide the County with access to credit under terms and conditions as specified in such agreements. Before entering into any such agreements, it should be determined what would be feasible by the County staff and approved by the Board of County Commissioners. Agenda Item No. 16F15 September 13, 2005 Page 14 of 14 Bank Loans The County may choose to issue Bank Loans for a term of not more than twenty years to provide an alternative option to smaller financing needs that require a longer amortization than interim financing options. Before issuing such notes it must be determined to be feasible by the County staff and FC. Bank loan providers are selected through an RFP process to appoint a Bank based on their qualifications to manage the particular transaction under consideration and lowest interest cost to the County. The FC will conduct the evaluation of responses to RFPs. Bond Anticipation Notes The County may choose to issue Bond Anticipation Notes as a source of interim construction fmancing. Before issuing such notes, takeout fmancing for such notes must be planned for and determined to be feasible by the County staff and FC. Bond Anticipation Notes may be sold in either a competitive or negotiated sale once approved by the Board of County Commissioners. Agenda Item No. 16F16 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve Modification #1 to Grant Agreement #0505- 2N-09-21-01-022 between Collier County and the Florida Department of Community Affairs OBJECTIVE: Board of County Commissioners approval of a Modification to the Homeland Security Grant, Agreement #05DS-2N-09-2l-01-022 which extends the expiration date and the deadline for final reimbursement requests. - CONSIDERATIONS: On July 27,2004, the Board of County Commissioners approved an Agreement with the Florida Department of Community Affairs accepting $202,647 to fund homeland security and emergency preparedness programs and initiatives. Due to the very active 2004 hurricane season and the resulting weeks and months spent on preparation and recovery efforts, most Florida counties (including Collier) are experiencing difficulties in completing their grant projects within the Agreement's time frame. Modification #1 extends the termination date from September 30, 2005 to November 30, 2005 and the deadline to file the final reimbursement request to December 15, 2005. The Modification makes no other changes to the terms or provisions of the original Agreement. Modification #1 has been reviewed and approved for form and legal sufficiency by Assistant County Attorney Thomas Palmer FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve Modification #1 to Grant Agreement 05DS-2N-09-21-01-022 extending the A&'Teement's termination and final reimbursement dates. PREP ARED BY: Darcy Waldron, Sr. Administrative Assistant Department of Emergency Management ,-' Aaenda ttem No 16r:16 " September 13, 2005 P~ge 2 ot 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS item Number: Item Summary: 16F16 Recommendalion 10 approve Modification #1 to Homeland Secllrity Grant Agreement #05DS- 2N-09-21-01-022 between Collier County and the Flonda Department of Community Affairs. (lime extension) Meeting Date: 9/13,'20059:00:00 AM Appro\o'cd B~! Darcy Waldron Senior Administrative Assistant Dot. County Manager's Office Emergency Management 8/3012005 12:35 PM Approved By Marlene J. Foard Grant6 Coordinator Dote Admmistrative Services Administrative Services Admin 8130/20052:25 PM Approved By Dan E, Summers Bureau of Emergency Services Director Date Co\mty Manager's Office Bureau of Emergency Services Bf301200S 2:50 PM Approved By OM8 Coordinator Admrnistrative Ausistant Date County M"mager's Office Office 01 Management & Budget 8/31120059:22 AM Approved By Michael Smykowski Managefl'M.':nt & Budget Director Oat. County Manager's Office OffIce of M..magernent & Budget 8131(200511:05 AM Approved BJ' James V. Mudd County Mallager Date Board of County Commissioners County Manager's Office 8/3112005 3:29 PM MODIFICATION #1 TO GRANT AGREEMENT Agenda Item No. 16F16 September 13,2005 Page 3 of 3 This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, (''the Department"), and Collier County (''the Recipient") to modify the Department's Contract Number 05DS-2N-09-21-01-022, dated August 27,2004 ("the Agreement"). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department has provided a sub grant of $202,647 to Recipient; and WHEREAS, the Agreement expires on September 30,2005; and WHEREAS, the Department and the Recipient desire to modify the Agreement by extending it. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph (3) of the Agreement is hereby deleted in its entirety, and the following paragraph substituted in its place and stead for all intents and purposes: This Agreement shall begin July 1,2004 and shall end November 30,2005, unless terminated earlier in accordance with the provisions of paragraphs (9) of this Agreement. Final requests for reimbursement should be submitted no later than fifteen (15) days after the termination date of the contract. Any requests received after December 15,2005 may, in the discretion of the Department, not be reimbursed from this Agreement. 2. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. RECIPIENT: COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Date: ATTEST: Dwight E. Brock, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency ~Y'^ 9~ Thomas Palmer, ASSIStant County Attorney By: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: Name & Title: W. Craig Fugate. Director of the Division of Emergency Management Date: Agenda Item No. 16G1 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation that the Collier County Community Redevelopment Agency approve award of contract 05-3801 "Consulting Services for Preparation of a Revised Immokalee Area Master Plan and Rural LDC (Land Development Code)" (Companion to Board of County Commissioners' approval of contract under 16 A) OBJECTIVE: To have the Collier County Community Redevelopment Agency (CRA) contract for consultant services with the RMPK Group, for the purpose of preparing revisions to the Immokalee Area Master Plan and developing a new zoning overlay for the Immokalee Urban area, in the amount of $228,320.00 (the BCC is also required to approve this contract). CONSIDERA TIONS: In 2003, as part of the preparation of the Evaluation and Appraisal Report, the Board of County Commissioners (BCC) authorized Comprehensive Planning staff to work with an advisory committee to prepare revisions to the Immokalee Area Master Plan (lAMP). The appointed committee, during the performance of its tasks, determined that a longer and more intense restudy of the lAMP would be necessary. Consequently, a new committee, the Immokalee Master Plan and Visioning Committee (IMPVC), was established by the BCC to assist County staff with the monitoring and implementation of the Immokalee Area Master Plan through the 2007 Growth Management Plan (GMP) amendment cycle. ,- In 2004, the IMPVC concluded that revisions to the lAMP and a new zoning overlay would be needed in order to achieve a unified vision for the Immokalee Urban area. Because of the scale of the project, they decided that it would be necessary to contract the services of a private consultant; however, they did not have the financial resources to fund the work. As a result, they approached the Immokalee Local Redevelopment Advisory Board (Advisory Board) to determine if the Community Redevelopment Agency would be amenable to funding such a project for the Immokalee community. The Advisory Board confirmed that it would recommend funding the project, and a request for proposals (RFP) was issued on February 14, 2005. Notices were sent to 173 firms, and 27 firms requested the full RFP package. Three firms responded with proposals. On April 7, 2005, the Selection Committee (comprised of three members from the IMPVC, three members from the Advisory Board, and the staff liaisons from each committee) by consensus selected the RMPK Group as the preferred consultant for the project following presentations by the three firms who had submitted proposals. In May of 2005, the Advisory Board made a recommendation to the CRA to approve expenditures of up to $300,000 in FY05 Budget tax increment financing (TIF) funds for consultant services with the RMPK Group. On June 14, 2005, the CRA recommended that the BCC approve the referenced expenditures to finance the project, which the BCC did so approve. The tasks and deliverables associated with preparing revisions to the lAMP and developing a new zoning overlay for the Immokalee Urban area are specifically provided for in the contract. - - Agenda Item No. 1681 September 13, 2005 Page 2 of 3 FISCAL IMPACT: CRA redevelopment efforts are partially funded through Tax Increment Financing (TIF) revenue. Revenue for this CRA is generated from a rate applied against the captured assessed value increment. This assessed value increment is the difference between the base assessed valuation within the Redevelopment Area (established in 1999) and the new higher assessed valuation. Generally, it is anticipated that the assessed value increment will increase each year during the Redevelopment District's life, providing for moderate tax revenue increases used to finance redevelopment initiatives. The BCC approved the recommendation of the CRA to expend up to $300,000 in budgeted FY 2005 CRA funds (Fund 186-138324-634999) to finance this project. Approval of this contract will leave a balance of $35,700 in Fund 186 Reserves. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: A revised Immokalee Area Master Plan (lAMP) and the creation of a new zoning overlay for the Immokalee Urban area will implement the County's Redevelopment Plan. According to Section 4.4 of the Redevelopment Plan (Community Objectives), economic development is emphasized in the area in order to support and encourage entrepreneurial business development and retention, and increase small business start-ups and expansions. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, and may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. LEGAL CONSIDERATIONS: The recommended action is consistent with all applicable constitutional and general law, and complies with adopted County regulations, and thus, is legally sufficient for consideration and approval. RECOMMENDATION: That the Collier County Redevelopment Agency approve the contract for consultant services with the RMPK Group in the amount of $228,320.00, forward a recommendation of approval of the contract to the Board of County Commissioners, and authorize the CRA Chairman to sign the standard County Attorney approved contract. Prepared by: Michele R. Mosca, AICP, Principal Planner, Comprehensive Planning Dept. Item Number: Item Summary: Meeting Date: Agenda Item No 16G 1 September 13, 2005 Page 30f 3 COLLIER COlJNTY BOARD OF COUNTY COMMISSIONERS 16G1 Recommendation IhHt the Collier County Community Redevelopment Agency approve Award of contract 05. 3801 Consulting Services for Prepflrfltion of a Revised Immokalee Area Master Plan and RurallDC (land Development Code) (Companion to Board 01 County Comnllssioners appl oval of contract under 16 A 35) 9/13/20059:00:00 AM PrincIpal Planner, AICP O..e Prepared By Michele R. Mosca, AICP Community De'lo'elopmant & EnVIronmental Services Zoning & Land Development RevIew 8123/200511:55:49 AM Dot. Aprroved 8~: Sandra Lea Executive Secretary 8/23/20053:43 PM Approved B}' Community Development & Community Development & EnYlrOnmentnl Ser\Jlceli EnvIronmental SerO'ices Admin Date Constnnce A. Johnson Operations Analyst AI)pro\'cd By Community Development & Community Dcvclopl'JlCnt & EnYironmental ServIces Environmental Service5- Admin 6/23/2005 4:06 PM Kelsey Ward Date Admini51rati'lo'e Services Senior Purchasing nod Contracts Agent Purchasing 8l26/20~ 9:08 AM Appro\'cd By Steve Carnell Administrative Services Purch<1Singl('~neral Svcs Director O"e Purchasing 8/26/2005 9:51l AM Date ApI)r(wcd By Joseph K. Schmitt Community Deyelopment & Environmental Services Community Development & E::nvironmental Servlces Adminstrator CommunIty DftVelopment & Environment~l Services AdmIn. 8/26/20057:46 PM Assistant County Attorney D~e A ppro'\lcd 8y Marjorie M. Student County Attorney County Attorney Office 8129/20005 8:30 AM Adminilitratlve Assistant Date A pprm'cd B~' OMB Coordmator County Manager's Office OffIce of Management & Budget 8/29!2oo5 9:49 AM Date A pprovcd 8~. Mark Isackson County M.anager's Office Budget Analyst Office of Management & Budget 8f29/2005 12:48 PM MicI,aelSmykowski Date AI'provcd 8~' County Manager's Office Managoment & Budget DIrector Ol1ktl of Management & Budget 812912005 5: 12 PM Appruved 8~. James V, Mudd Board of County COmmiS!llOnet8 County Man-1ger Date County Manager's Office 9r1!2005 6:27 PM Agenda Item No. 1682 September 13, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommend the Board approve that Fleet Management Dispose of a 1988 Plymouth Reliant LE four-door sedan owned by the Collier County Airport Authority OBJECTIVE: To obtain Collier County Board of County Commissioners approval for Collier County Fleet Management to dispose of a 1988 Plymouth Reliant LE four-door sedan owned by the Collier County Airport Authority. CONSIDERATIONS: In 1999, at no cost to the Airport Authority, the Airport Authority acquired a 1988 Plymouth Reliant LE four-door sedan from the United States Air Force through the Federal Surplus Property Program. The Air Force estimated the value of that sedan to be $7,773 at that time. Fleet Management has determined this sedan is currently dilapidated and is not worth repairing. - FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH IMPACT: There is no growth management associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the disposal of a 1988 Plymouth Reliant LE four-door sedan; owned by the Collier County Airport Authority, by Fleet Management. Prepared by John Kirchner, Airport Manager, Collier County Airport Authority - Agenda Item No. 16G2 September 13, 2005 Page 2 01 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16G2 Recommend the Board approve that Fleet Management Dispose of a 1988 Plymouth Reliant LE fOUl-door sedan owned by the Collier County Airport Authorit'y. 9/13/20059:00:00 AM ttem Number. Item Summary: Prepared B)' John Kirchner Airport Director Oat. County Manager's Office Airport Authority 812412005 10:-49:04 AM Approved By Theresa M. Cook Executive Director Oat. County Manager's OffIce Airport Authority el29f2006 1:34 PM Approved By OMB Coordin<ltor. Admmistriltrve A,..islant Oat. County Mana90r's OffIce Office of Management & Budget 6/29/20051 :55 PM Approved By Randy Greenwald Manllgement/Budget Analyst Date County Manager'!> Ol1lce Offiee of Management & Budget 8/30/2005 B:46 AM Approved By Michael Smykow~ki Management & Budget Director Date County Man<tger's Office Office af Management & Budget 0/30/200512:16 PM Approved B)' James V. Mudd County Manager Date Board of County Commissiont:lrs County Manager's Office 8!]0/2005 3:24 PM Agenda Item No. 16G3 September 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve the surplus sale bid S05-3620R of the Collier County Airport Authority's County owned Cessna 182 Aircraft to the highest bidder, Rex Air LLC of Naples, for the amount of $87,500 OBJECTIVE: That the Board of County Commissioners approve the surplus sale of the Collier County Airport Authority's County owned Cessna 182 Aircraft to the highest responsive bidder, Rex Air LLC of Naples, for the amount of $87,500. CONSIDERATIONS: The Board of County Commissioners directed the Authority to place the County owned Cessna 182 Aircraft out to surplus sale bid. The aircraft was placed on surplus sale bid in accordance with Collier County asset procurement/disposition regulations. Bids were received by the County Purchasing Department on July 22, 2005. Two bid offers were received. (Bid tabulation attached.) The highest bidder took exception to the statement within the bid of "as is," The bidder further clarified this exception after the bid opening by saying he had already inspected the aircraft and wished to waive his exception. Staff recommends accepting the withdrawal of the exception. .- FISCAL IMPACT: Funds will be deposited in Collier County Airport Authority Fund (495). GROWTH IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: To approve the sale bid S05-3620R of the Authority owned Cessna 182 Aircraft to the highest bidder, Rex Air LLC of Naples, for the amount of $87,500 without exception. Prepared bv Robert Tweedie, Airport Manager, Collier County Airport Authority ,- Agenda Item No_ 16G3 September 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16G3 Meeting Date: Recommendation III appro'ole the surplus sale bid S05-3620R of the Collier County Airport Authoritys County owned Cessna 182 Aircraft to the hIghest bidder, Rex Ail LLC of Naples, 10f the amount of $87,500 9f13/2005 900:00 AM Appro~cd By Theresa M. Cook Executive Director 0,"0 County Man.ager's Oft'ice Airport Authority 8/30/2005 3:59 PM Approved 8)' Scott Johnson Purchasing A.genl Date Administralive Services Purchasing 9/2120059:53 AM Approved By Mike Hauer Acquisition Man.ager 0,". Administrative Services Purchasing S/21200510~37 AM Approved B)' Steve Carnell PurchallinglGenera! Svcs Director 0,". Administrative Services Purchasing 912i2005 11 :03 AM Approved By OMS Coordinator Administrative Assistant 0,". County MnnDger's Office Office- of Management & Budget 9/1/20053:16 PM Approved B~' Randy Greenwald Management/Budget Analyst Oat" County Manager's Office Office of Manllgement & Budget 916!2005 6:19 AM Allproved By Michael Smykowski Management & Budget Director 0,"" County Manager's OtfiGe Office of Management 8. Budget 916/200512:37 PM AI)pro\>'ed BJ-" James V. Mudd County Mmlager Dnte Board of County Commissioners County Manager's Office 9/6/2005 1 :50 PM C":lLOC":l (90- 00 ~NcvfJ c:'! - "0 ciC":l(])"<1l z:: ~ .:2: E (]) CL;j) ~ (]) ..a I/) l1.l == E Ql .... m $ .2 ~ "'0 0.. is .- e(]) c:.o (])(f) _- OJ 00 <t: ........ CI) l1.l ..c..l:l E E ::; ::l zZ L: Q) (\) C) .- ttl"O c: Q.) <<l Q.) ~~ 0.0 .~ 0 ero 0.. -Q.) c: ro >- ~ en 0.. 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Agenda Item No. 16H1 September 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONIEVENT: Immokalee Chamber of Commerce Annual BBQ Chicken & Ribs Dinner Fundraiser -, PUBLIC PURPOSE: To associate and support the lmmokalee Chamber of Commerce and their efforts and get to know more people in the community to create an atmosphere for better communication between Constituents, The Chamber and Commissoners. DA TE OF FUNCTION/EVENT: October 1, 2005 FISCAL IMPACT: $25.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: September 13,2005 .- Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H1 Agenda Item No. 16H1 September 13,2005 Pa~1e 2 of 4 Commissioner Coletla requests approval tor relmtmr\'iemenl for atlendil1g a function serving a valid public purpose. Commis'Sionel' paid in advance to attend the lmmokalee Chamber of Commerce ssa Dinner on October 1 , 2005 and is requesting reimbursement in the amount of $25.00, to be paid from hiE; travel budget 9/13/2005 9 :00:00 AM D"'" Prepared B)' Nancy Rosiak Board of County Commissioners Executive Aide to the BeC Bce Office 6(18{2oo5 4:02:04 PM Sue Filson Oat. Approved By Board of County Commissioners Ext!'cutlve Manager to tht!' Bce Bce Offict!' 8f25/20D5 9:31 AM jnmes V. Mudd Oat. Approved By Board of County Commissioners County Manager County Manager's OffIce 8/25/2005 1Q:54 AM .. Immokalee Chamber of Commerce 720 N. 15th Street Immokalee, Florida 34142 239-657-3237 239-657-5450 Fax Agenda Item~o H D Septfll5e , '1='age 0 4 AUG 1 5 2005 ~ Board of County Commissi' jG August 16, 2005 Dear Chamber of Commerce Friends, Our Annual Auction, Dance & BBQ Chicken & Ribs Dinner Fundraiser is coming up very quickly.... Saturday, October 1, 2005. The event will be at the Roberts Center, 905 Roberts Avenue, Immokalee, 7 p.m. Pick up dinners will start at 6:30 p.m. This is a BYOB party, set ups are furnished by the Immokalee Chamber of Commerce. If you would like to donate any money for us to buy something to auction off in your name, or if you would like to furnish any item $50.00 or over we would be grateful. Please give me a call at the Chamber office for more information on the 2005 Auction - 239-657-3237. THIS IS THE BEST FUNDRAISER IN IMMOKALEE, A GREAT NIGHT OF FUN !!!!!!!!!! The Mesa Band will be back for its 12th year at this event. We will also have a drawing for $2,500.00. Tickets are $5.00 each and the winner will be announced at midnight. You do not have to be present to win! We have two types of tickets that are available: .$100.00-Ticket- *Admits 2 people for BBQ Chicken & Rib a Dinner *Free Beer for the evening (Donations accepted) *Live Band, Dancing & Silent Auction ($15,000 in items - silent auction) *Chances for 6 -$ 100.00 to $ 500.00, cash drawing *Final drawing $ 5,000.00 in cash drawing (You do not have to be present to win) (Only 200 Tickets SOLD) ~ Agenda Item No. 16H1 September 13, 2005 Page 4 of 4 ... .$ 50.00- Ticket- * Admits 2 people for BBQ Chicken & Rib Dinner (NOT AVAILABLE UNTIL ALL 200 $100.00 TICKETS ARE SOLD) *Free Beer for the evening (Donations accepted) *Live Band, Dancing & Silent Auction ($15,000 in items - Silent Auction) If you would like tickets pJease send your check, money order or credit card number to us (ASAP) in the enclosed addressed envelope. $100.00 tickets (1 ticket admits 2)Plus $5,000.00 Drawing ;< ~$ 50.00 tickets (1 ticket admits 2) No Drawing $ 5.00 tickets for $ 2,500.00 Cash or Cruise CREDIT CARDS: Visa/Master Card, Discover, American Express, Money Order Or Cash PLEASE PRINT ALL INFORMATION Credit Card Name...: Credit Card Number: Expiration Date... ....: Name on Card: ::J II'YI Address: City-State-Zip: Phone #: (~ I ElT4 State: Cell #: Zip: ***TICKETS MAY BE PICKED UP AT THE CHAMBER OFFICE OR WE WILL HOLD FOR YOU AT THE FRONT DOOR WHEN YOU ARRIVE. Looking forward to seeing you Saturday, October 1, 2005. Dress for the evening is very casual but no short shorts. Come and enjoy the people of Immokalee and get to know our community. Sincerely, ~ H.B. "Benny" rling, Jr. Executive Director of ICOC Executive Director of ICDC Agenda Item No. 16H2 September 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmenta~ educational, charitable, socia~ professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: NAACP Freedom Fund Banquet PUBLIC PURPOSE: To represent the County as Commissoner of District 5 .- DATE OF FUNCTIONIEVENT: October 15, 2005 FISCAL IMP ACT: $55 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: September 13,2005 -- Item Number: Item Summary: Meeting Date: I""ganda Item No. 16H2 September 13, 2005 Page.2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H2 Commissioner Coletta reQuests approval [or reimbursement for attending a function serving 2l valid public purpose: to atlend the NAACP Freedom Fund Banquet on October 15. 2005 in the amount of $55.00,10 be pAid Itom Commissioner Coletta's travel budget 9/1312005900:00 AM Elecutive Aida to the BCe Oat. Prepar~d By Nancy Rosiak Board of County CommiS6ionef1l Bce Offi<::e 8f1112005 11:21:33 AM Sue Filson Executive Manager to the Bee "at. ApprV"cd B~' Board of County Commissioners Bee Office 8/2312005 8:45 AM Deputy County M<lnager 0"'" Appro,'cd By Leo E. Ochs, Jr BO<lrd of County Commissioners County Manager's Office 8123/200511:22 AM Agenda Item No. 16H2 September 13, 2005 Page 3 of 5 NAACP BANQUET RESER VA TIONS October 15, 2005 SPONSORSHIPS Please check below for reservations. _PLATINUM $2000 TOTAL_ Includes eight (8) tickets for the banquet, a full-page AD in the Souvenir Journal (the inside front and back covers and the outside back cover will be allotted to the first three Platinum Sponsors), and special recognition at the banquet. _GOLD $1500 TOTAL_ Includes six (6) tickets, a half page AD in the Souvenir Journal and special recognition at the banquet. _SILVER$1000 TOTAL_ Includes four (4) tickets, a half page AD in the Souvenir Journal and special recognition at the banquet. _DIAMOND $750 TOTAL_ Includes two (2) tickets, a quarter page AD in the Souvenir Journal and special recognition at the banquet. For AD sizes refer to Souvenir Journal form. INDIVIDUAL TICKETS _(1)_ Tickets @ $55 each $_ Total Tickets @ $30 each$_ Combined Total $55.00 Tickets Sales: Make check payable: NAACP Collier County ($551adult-$30Iunder 18). Auction Items: Mail to NAACP Banquet P.O. Box 990727, Naples, FL 34116 or caI/239-649-4483 or 239- 455-2886. _ We will Not attend but will make a donation I- Donations Only!! In order to qualify as a 501-C-3 Checks must be written as follows: NAACP BTS/SIS Program!! Individual/Organization/Contact Person: Commissioner Jim Coletta, District 5 Collier County Government Address/City/State/Zip Code: Agenda Item No. 16H2 September 13, 2005 Page 4 of 5 3301 E. Tamiami Trail Naples, FL 34119 Telephone Number/Fax Number/Email Address/Date: (239) 774-8097 I (239) 774-3602/ iimcoletta@colliergov.net August 10,2005 THANK YOU FOR YOUR GENEROUS SUPPORT! NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE COLLIER COUNTY BRANCH (#5117) P.o. BOX 990727 NAPLES. FLORIDA 34116 (239) 455-2886 FAX (239) 417-2968 Email: president@naacpcolliercounty.com www.naacpcolliercountv.com Agenda Item No. 16H2 September 13, 2005 Page 5 of 5 ''.# FROM CANVAS TO TRUNKS TO HIGHWAYS TO SUCCESS Dear Supporter: For ninety-six years the NAACP has been a champion for equal justice and continues to be committed to improving the quality oflife for all people. In an effort to continue this critical work the Collier COooty Branch is hosting its 23rd Annual Freedom Food Banquet and Silent Auction. It will be held on Saturday, October 15, 2005 at the lovely Elks Lodge, 3950 Radio Road, Naples, Florida. There will be open seating, the social hour will be at 5:00 p.rn. and the program will start at 6:00 p.m. This year's dynamic guest speakers will be Florida's, African-American artists, the 'Highwaymen' who created idyllic, landscape images of Florida, and peddled some 100,000 of them from the tn.mks of their cars. You will be spell- bound by how they painted their way out of the despair awaiting them in the citrus groves and packing houses of 1950s Florida. The 'Highwaymen' paintings fetch ever-esca1ating prices and you will have an opportunity to examine and purchase these astonishing paintings! The annual banquet is the principal fund raising event of the year. Your much needed support will go a long way in helping the Branch continue to provide and expand the educational programs, youth works, health and other important social programs. This year we have designed several ways for you to make a contribution. 1) SPONSORSHIPS: There are four levels of sponsorships available: the Diamond at $750; the Silver at $1000; the Gold at $1500, and the Platinwn at $2000. Please refer to the enclosed Banquet Resetvation Fonn. 2) AD SOUVENIR BOOKLET: There are several AD su..es. The price of a full page is $200; a half page costs $125; a fourth page costs $75, and either an eighth page AD or a business card AD costs $50. We also offer family and single name options. Please refer to the enclosed Banquet Reservation Form. 3) TICKET SALES: Banquet tickets are only $55 for adults 18 and over and $30 for people under 18 years of age. Please refer to the enclosed Banquet Reservation Form. 4) DONATIONS ONLY (not tickets and donations): Donations can be made to the Collier County's Back To School/Stay In School Program. However, in order to qualify as a 501-C-3, the check must be written as follows, 'NAACP BTS/SIS Program. 5) AUCTIONS ITEMS that will be donated: mail to NAACP Banquet P.O. 990727 Naples, FL 34116 or call for pick up 239-649-4483 or 239- 455-2886. Please review and complete the attached fonns that detail your contribution method and mail your check and all forms to: NAACP Collier County Branch Attention: Banquet Chair, P. O. Box 990727, Naples., FL 34116. We must receive your Sponsorship Fonn and Souvenir Journal Fonn No Later Than August 31,2005. Thank. you for your support. Sincerely, ~~UtdaS~ President - Agenda Item No. 1611 September 13, 2005 Page 1 of 4 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 13, 2005 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06( 1), the disbursements for the Board of County Commissioners for the period: 1. July 2, 2005 - July 8, 2005. 2. July 9, 2005 - July 15,2005. 3. July 16, 2005 - July 22, 2005. 4. July 23, 2005 - July 29, 2005. 5. July 30, 2005 - August 5, 2005. 6. August 6,2005 - August 12,2005. B. Districts: 1. Quarry Community Development District: Minutes of May 9,2005; Agenda for May 9,2005; Fiscal Year Budget 2006; Agenda for June 13, 2005; Minutes of June 13, 2005; Minutes of March 14,2005; Agenda of March 14,2005. 2. Heritage'Greens Community Development District: Minutes of May 2, 2005; Agenda for May 2,2005; Basic Financial Statements through September 30,2004; Proposed Operating Budget for 2006; Minutes of June 13,2005; Agenda of July 11, 2005. 3. South Florida Water Management District: Notice Requesting a Submerged Land Lease/Vanderbilt Partners. 4. Mediterra South Community Development District: Minutes of October 27,2004; Consent to Use Easement Area. 5. Immokalee Water & Sewer District: Proposed Budget Fiscal Year 2006. 6. Wentworth Estates Communitv Development District: Proposed Operating Budget for Fiscal Year 2006. H:\MELANIE\2005 MISCELLANEOUS CORRESPONDENCE\September 13, 2005 Misc. Crsp.doc Agenda Item No. 1611 September 13, 2005 Page 2 of 4 7. Collier Soil & Water Conservation District: Basic Financial Statements together with Reports of Independent Auditor Year Ending September 30, 2004. 8. Pelican Bay: Proposed 2005 Assessments. C. Minutes: 1. Collier Countv Planning Commission: Minutes of July 7,2005; Agenda oOuly 21,2005; Minutes ofJune 2, 2005; Minutes of June 16,2005; Agenda of August 4, 2005. 2. Lely Golf Estates Beautification MSTU Advisory Committee: Agenda of July 21,2005; Minutes of June 16,2005; Agenda of September 29,2005; Minutes of July 21,2005. 3. Collier County Historic and Archaeological Preservation Board: Agenda of July 20,2005; Minutes of June 15,2005; Agenda of August 17,2005; Minutes of July 20, 2005. 4. Radio Road Beautification M.S.T.U. Advisory Committee: Agenda of July 19, 2005; Minutes of June 28,2005. _. 5. Collier County Contractors' Licensing Board: Agenda of July 20, 2005; Agenda of August 17,2005. 6. Collier County Domestic Animal Services Advisory Committee: Minutes of June 21,2005; Minutes ofJuly 19, 2005. 7. Environmental Advisory Council: Agenda of August 3,2005; Minutes of July 6, 2005; Revised Agenda of August 3, 2005. 8. Development Services Advisory Committee: Revised Agenda of July 14, 2005; Minutes of July 14,2005. a) Development Services Advisory Sub-Committee (Budget and Operations Sub-Committee): Agenda of July 20,2005; Minutes of July 20, 2005. 9. Vanderbilt Beach M.S.T.U. Advisory Committee: Agenda of August 16, 2005; Minutes of July 19,2005. 10. Forest Lakes Roadwav and Drainage M.S.T.U. Advisory Committee: Minutes of July 13,2005. 11. Conservation Collier Land Acquisition Advisory Committee: Agenda of August 8, 2005; Minutes of June 13, 2005. ,-. H:\MELANIE\2005 MISCELLANEOUS CORRESPONDENCE\September 13, 2005 Misc. Crsp.doc Agenda Item No. 1611 September 13, 2005 Page 3 of 4 12. Pelican Bay Services Division: Agenda of July 6,2005; Minutes of July 6,2005; Statement of Revenues and Expenditures Ending June 30, 2005; Statement of Revenues and Expenditures Ending July 28, 2005; Agenda of August 3, 2005. a) Clam Bay Sub-Committee: Agenda of August 3, 2005; Minutes of July 6, 2005. b) M.S.T.B.U.: Agenda of August 3,2005. 13. Golden Gate M.S.T.U. Advisory Committee: Minutes of July 12,2005; Agenda of August 9, 2005. 14. Bavshore Beautification M.S.T.U.: Agenda of August 10, 2005; Minutes ofJuly 13, 2005. 15. Caribbean Gardens Blue Ribbon Committee: Minutes of June 9,2005. 16. Citizens Corps Advisory Committee: Minutes of July 20,2005. Agenda of June 15, 2005. -- H:\MELANIE\2005 MISCELLANEOUS CORRESPONDENCE\September 13, 2005 Misc. Crsp.doc Aqenda Item No. 1611 September 13. 2005 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 1611 Miscellaneous correspondence to file lor record with action as directed 9/1312005 9:00:00 AM Prepared By Melanie Rodrigue! Board of County Commissioners Administrative Aide to the Bee Dot. Bce Office a130f2005 3:12:14 PM Apl)roved By Sue Filson Board of Count~ ComlTll6sloner6 Executiye Manager to the BCe Dot. Bee OffIce 8130/20053:39 PM Approved 8J J<1mes V. Mudd Board of County Commissioners County Manager Oat. County Manager':8 Office 8f31!2005 3:31 PM Agenda Item No. 16J1 September 13, 2005 Page 1 of 2 EXECUTIVE SUMMARY Approve a budget amendment transferring $300,000 from reserves to the Sheriff's in lieu oftransfer account. OBJECTNE: To obtain approval of a budget amendment transferring $300,000 from reserves to the Sheriff's in lieu of transfer account. CONSIDERATIONS: The Sheriffs in lieu of transfer account needs budget in order to pay increased costs of electricity and water and sewer. These budget shortfalls are the result of rate increases for electricity and the under estimation of the impact of the new jail facility on electricity and water and sewer costs. At the current rates for electricity and water and sewer it is estimated that $300,000 will be necessary to cover remaining FY-2005 expenditures. - FISCAL IMP ACT: Funds totaling $300,000 will be made available by decreasing General Fund reserves. The need for this budget amendment has been contemplated in the FY-2006 budget process and $180,300, of the total increased request of $300,000, has been forecast in preliminary carry forward calculations for FY -2006. The Finance and Accounting Department prepared this executive summary and the attendant budget amendment in order to facilitate the payment of services that have been rendered. Note that this amount will not be transferred to the Sheriff, rather invoices will be paid against this account and any positive variance will automatically accrete to the General Fund. GROWTH MANAGEMENT IMP ACT: There is no growth management impact. LEGAL CONSIDERATIONS: There are no legal considerations. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment as proposed a ing the payment of electricity and water and sewer charges for FY-2005. /I preparedBY~~ ~ De M. J ohnssen eneral Accounting Manager Date: ,k/~ -- I\genda Item No. 16J1 September 13, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16Jl Approve a budgel amendment transferring $300,000 from reserves 10 the Sheriffs in lieu of tranSfel account (Facility expenses) Meeting DMe: 9!13!2005 9:00:00 AM Apprnved By James v. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/31!2005 2:48 PM Agenda Item No. 16J2 September 13, 2005 Page 1 of 2 EXECUTIve SUMMARY - Request approval for the purchase of a 24 passenger secured confinement prisoner transport vehicle for the Sherirrs Office from available impact fee funds in the amount of $83,320. OBJECTIVE: To award the Collier County Sheriff's Office Invitation to Bid (ITB) CCSO-05-019 to Florida Transportation Systems, Inc. for the purchase of one 24 passenger secured confinement prisoner transport vehicle for the Naples Jail Center to more efficiently streamline the process of transferring inmates between the f\Japles and Immokalee jail facilities. CONSIDERATIONS: Inmate transportation between the Naples and Immokalee Jail Centers- approximately 90 miles round trip- has outgrown the current system that consists of two jail transport vans. Inmates are frequently transported between facilities for various reasons (mainly for court or jail space allotments). The current process involves two vans that have a maximum capacity of 10 inmates and requires a minimum of two Deputies per van. Multiple trips are made between Naples and Immokalee each day to move inmates and has become cost prohibitive. The cost effective solution is to purchase a larger transport vehicle in order to reduce the trips between facilities and reduce manpower required to conduct the transports due to jail expansion. The new vehicle will have specific security compartments to keep both the inmates and Deputies safe. The vehicle is manufactured for heavy transport use and has a diesel engine. L.ess trips will be required with a larger capacity vehicle and will result in gas savings as well as Deputy hours. The two current vans will be retained and used for transport of smaller groups of inmates on an as needed basis. - On May 6, 2005, a notice was placed on the Sheriff's website inviting vendors to bid on a Secure Confinement Prisoner Transport Bus. A legal notice was also placed in the Naples Daily News in the Sunday editions on May 8th and 15th. Bids were due on June 10, 2005, with three bids being submitted. All bids were fully compliant with the requirements of the ITB. Fleet Management has reviewed all of the bids and recommended the lowest bid submitted by Florida Transportation Systems, Inc. FISCAL IMPACT: Funds are available in the Corrections Impact Fee Fund 381. GROWTH IMPACT: There is no growth impact related to this executive summary. RECOMMENDATION: That the Board of County Commissioners approve the purchase of a secured prisoner confinement vehicle for the Sheriff's Office. Prepared by Jean Myers, Sheriff's Office Budget Manager ---- Item Number: Item SumlNlry: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J2 Agenda Item No. 16J2 September 13, 2005 Page 2 of 2 Request approval tOl the purchase 01 a 24 passenger secUl ed confinement pl150ner transport vehicle for the Sheriffs Office from available impac1 fee funds in the amoun1 of S8},J20 9/13120059.00:00 AM Date Approved By James V, Mudd Board of County Commissioners County Manager County Manager's Office 9/21200512:27 PM .-- .- .- Agenda Item No. 16K1 September 13, 2005 Page 1 of 5 Executive Summary Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 111 in the Lawsuit Styled Collier County v. Norma E. Banas, et aL, Case No. 02-5137-CA (Immokalee Road Project #60018). (Fiscal Impact: $11,000.00) OB.JECTIVE: That the Board of County Commissioners approve an Agreed Order for payment of expert fees incurred in connection with Parcel 111 in the lawsuit styled Collier County v. Norma E. Banas, et aZ., Case No. 02-5137-CA (Immokalee Road Project #60018). CONSIDERATIONS: The County acquired the subject property by depositing the sum of $74,900.00 into the registry of the Court on May 20, 2003. The County and Respondent have negotiated and settled by Stipulated Final Judgment in the amount of $105,000.00 which was approved by the Board on June 14,2005. To conclude this matter, the County is required to pay reasonable expert fees incurred by the Respondent in the defense of this matter. . Expert Appraisal Fees: . Expert Engineering Fees: . Expert Planning Fees $ 7,500.00 $ 1,500.00 $ 2.000.00 $11.000.00 TOTAL: Attached is the proposed Agreed Order. FISCAL IMPACT: Funds in the amount of $11,000.00 are available in the FY 2005 adopted budget, however, if payment is not made by the end of fiscal year 2005, then payment will be made frorn the FY 2006 adopted budget Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order as to Parcel Ill; and 2. Approve the expenditure of funds as stated. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Item Number: Item Summary: Meeting Om: Agenda Item No. 16K1 September 13, 2005 P8~Je 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K1 Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 111 in the Lawsuit St)'led Collier County v. Norma E Banas, et al . Case No_ 02. 5137-CA (Immokalee Road Project #60018). (Fiscal Impact: $11,000.00) 9/13"2005 9'.00:00 AM Assistant County Attorney Oat. Prepared By Heidi F. Ashton County Attorney County Attorney Office 81161200510:33:38 AM LiSllTaylor Management/Budget Analvst Date Approved By Trnm,portation Services Transportation Administration 8116/200511 :37 AM Kevin He-ndflcks Date- Approved By Transportation Services Right Of Way Acquillltion Manager Transportottion Engineering and Construction 8/16!2005 5:30 PM Eugene Calvert Principal Project Manager Date Approved By Transportations Services Transportation Enginooring and Construction Management 8/17f200S B:03 AM Transportation Division Administrator Date Approved By Norm E, Feder, AICP Transportation Services Tlansportation Scr'Jices Admin. 6/17/2005 9:54 AM Sharon Newman Accounting Supt:!rvisor D... Aflpro\'ed B)-' Tram.portation Services T rans~)ortatjon Administration 8f2212005 2:32 PM David C. Weigel County Attorney Date Approved By County Attorney County Attorney Office 6/24120051' :43 AM OMS Coordinator Admmistratlve Assistant Oa1e A ppru'Yed 8J' County Managenii Office Offi~ of Management & Budget 8/24/20054:33 PM Apprlnred By Susan Usher County Manager's Office Senior Mlln.uuefl'lent/Budget Annlys1 D... Office of Management & Budge! 8/2412005 10:47 PM Michael Smykowski Management & Budget Director Dot. Approved By County Manager's Office Office of Managemenl 8. Budget 6125/200510:31 AM ApJ.roved 8)-' Jame-s V. Mudd Board of County Commissioner,; County Mannger Dot. County Manager's Office 6/26/20056:34 PM Agenda Item No. 16K 1 September 13, 2005 Page 3 of 5 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCIDT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-5137-CA Petitioner, Parcel No.: 111 vs. NORMA E. BANAS, et aI., Respondents. / AGREED ORDER THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, WHITLEY S. WARD, TRUSTEE, by and through his undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondent, WHITLEY S. WARD, TRUSTEE, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Seven Thousand Five Hundred Dollars and No/tOO ($7,500.00) for appraisal fees incurred in connection with Parcel 111; it is further ORDERED that Respondent, WHITLEY S. WARD, TRUSTEE, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifteen Hundred Dollars and No/tOO ($1,500.00) for engineering fees incurred in connection with Parcel III ~ it is further Agenda Item No. 16K1 September 13, 2005 Page 4 of 5 ORDERED that Respondent, WHITLEY S. WARD, TRUSTEE, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Thousand Dollars and No/tOO ($2,000.00) for planning fees incurred in connection with Parcel Ill; it is futther ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Eleven Thousand Dollars and NollOO ($11,000.00) to the EARLE AND PATCHEN TRUST ACCOUNT c/o Brian P. Patchen, Esquire, 1000 Brickell Avenue, Suite 1112, Miami, FL 33131 for the benefit of Respondent, WlllTLEY S. WARD, TRUSTEE. DONE AND ORDERED this _ day of , 2005 in Naples, Collier County, Florida. CIRCUIT COURT JUDGE Conformed copies to: Heidi F. Ashton, Esquire Brian P. Patchen, Esquire E. Glenn Tucker, Esquire Agenda Item No. 16K1 September 13, 2005 Page 5 of 5 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Agreed Order as to Parcel 111. . Dated: Dated: @ HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 OFFICE OF THE COUNTY ATIORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile A TIORNEY FOR PETITIONER BRIAN P. PATCHEN, ESQUIRE Florida Bar No.: 157545 EARLE AND PATCHEN, P.A. 1000 Brickell Avenue, Suite 1112 Miami, FL 33131 (305) 372-1112 - Telephone (305) 372-3691- Facsimile ATTORNEY FOR RESPONDENT _. - Agenda Item No. 16K2 September 13, 2005 Page 1 of 5 Executive Summary Recommendation to Approve a Release of Temporary Driveway Restoration Easements for Parcels 703A and 7038 in the Pine Ridge Road Improvement Project #60111. (Fiscal Impact: $27.00) OBJECTIVE: That the Board approve a release of Temporary Driveway Restor.ation Easements for Parcels 703A and 703B in the Pine Ridge Road Improvement Project #60111. CONSIDERATIONS: Parcels 703A and 703B are temporary driveway restoration easements which were acquired by the County through an Order of Taking dated April 15, 2000 and recorded in OR Book 2660, Pages 3394, et seq. The fee simple owners, Pine Ridge Associates, Ltd. and Pine Ridge Associates II, Ltd., have contacted the County requesting a release of the Temporary Driveway Restoration Easements. The Pine Ridge Road project is complete and the easements have expired. It is appropriate to record a release to clear title for the owner. . Recording Fees $27.00 $27.00 TOTAL FISCAL IMPACT: Funds in the amount of $27.00 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then payment will be made frorn the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. . RECOMMENDATION: That the Board of County Commissioners: 1. Approve the release of Temporary Driveway Restoration Easements; 2. Approve the expenditure offunds as stated; and 3. Approve the recording of the release in the public records of Collier County. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Item Number: Item Summary: Meeting Date: Agenda Item No_ 16K2 September 13, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K2 Recommendation to Approve a Release of Temporary Driveway Restoration Easements tOI Parcels 703A and 703B inlhe PIl1e Ridge Road Improvement Project #60111. lFiscallmpact. $2700) 9/13/20059:00:00 AM Assistant County Attorney Date Prepared By Heidi F. Ashton County Attorney County Attomey Office 8115/200510:34:30 AM Usa Taylor Management/Budget Analyst Date Approved By Transportation Services Transportation Administration 8116/200511:37 AM Kevin Hendricks Date Approved B)" Tr:;msportation Services Right Of Way Acquisition Manager Transportation EngineerJng and Construction 8{16!2005 5:32 PM Appro,,'cd By Eugene Calvert Transportations Sl!!rvices Date Principal Project Manager Transportation EngIneering and ConstructIon MalUlgement 8/17/20058:03 AM Norm E. feder, AICP 1 ransportlltion OiVlIiion Admmistrator Dato Approved By Transportation Services Transportation Services Admin. 8117i200510:50 AM Allprovcd By Sharon Newman Transportation Services Accounting SupervIsor Date lr.msportation Administration 812212005 3:22 PM David C, Weigel County Attorney O,Ie A pproved By County Attorney County Attornay Office 81241200511:46 AM Approved 8)" OMB Coordina.tor County Manager's Office Administrative ASslstant Date Office 01 Management & Budget 8;24120054:39 PM Senior M.anll~rnent(Budget Anlllysi Date Apprtn'cd By Susan Usher County Manager's Office Office of Management 8. Budget Btl4/2005 10:51 PM Michael Smykowski Managoment & Budget Director Oo1e ApprO\'cd By County Manager's Office Ofrice 01 Management 8. Budget 6/25/200510:52 AM Appro,,'cd By James V. Mudd Board of County Commissioner!'; County Manager Om. County Manager's OffIce 81271200511:31 AM PROJECT: Pine Ridge Road PARCEL: 703A and 7038 FOLIO: Agenda Item No. 16K2 September 13, 2005 Page 3 of 5 RELEASE OF TEMPORARY DRIVEWAY RESTORATION EASEMENTS THIS RELEASE given this day of August, 2005 by Collier County, Florida, a political subdivision of the State of Ronda, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Aorida 34112 (hereinafter referred to as "County"), in favor of PINE RIDGE ASSOCiATES II, LTD., (hereinafter referred to as "Owner"). WIT N E SSE T H: WHEREAS, the Collier County Circuit Court granted an Order of Taking for Parcels 103A,703A, 1038 and 7038 in the case of Collier County v. Pine RidQe Associates n, Ltd" et aI., Case No. 00-0488-CA on April 15, 2000; and WHEREAS, Parcels 703A and 7036, attached hereto as Exhibit "A", are temporary driveway restoration easements which have expired. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County does hereby release any interest it has over Parcels 703A and 7038 by virtue of the temporary driveway restoration easements. IN WITNESS WHEREOF, the County has caused these presents to be executed this _ day of August, 2005. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, Chairman . . 1 ,. C. ....c.,..~..._."..." .' '.' ~, >,,;;,., I'('!:, , .!, I '. .... '., , Ll,:;.A' 'Jr. ~,...' --'~;;f cciu;':t~'i~l~;:n~J Jul ~1 05 03:36p Thomas N Silverman P.R. 561 775-?50~genda Item No. I?>r<.~ September 13, 2005 Page 4 of 5 'wi - '" ~J;t .FleE OF CAPITAL OJEC'l'S 3301 EAST TAWlAM1 TRAIL. NAPLES, fLOtmA 34112 (941) 774-8192 , PRO.IEC'f NO. ~tJll , PIlOJEC'I' . MtCEL NO. 7D~ A TAX PARCEL NOP.!2553tOOO' SK~CH OF LEGAL OE$CR1?TlON (NOT A SURVE'() t..?or~r, jr1YIVlr r..ttrltion e......t " . L~L DDCIUPTION . . ^ PIln:e1 orland bint in Section 12" TowndIip G South. a.1Ip 258, CllIIio' Counl)'. F11>>ridl. IIId bDlnll mcIR plTlic\llarly cIueribed . ftlllows;. .' nc WCSI Sixty F. Df'lhlNorth30ftII 01''' Sautb I IS r.orllle SodIhJfllltlt.. _OIl Hllf'aftbe 8IIC fWerdltlaulhwt Qa.dD-at...... 12" 1GW1111ip49.... RIIp 2S Bal. Coller CouItr,""'" · . c.tlininlll00 Iq1IMI fi:cI raOl'I ar ... r-= 10J^ ..... l,,~ _Ill r EXXIBIT f n 1.1 ."..: . Y"'Sf:. ". ~ ... /~'. . . -~=-ut; ~:."Jnln ~ICHW.. lANO BUIMWJR 12408 0f'f'ICE OF' CAPffAL PlIO.ItcTS COWER COUNtY GCMRMIINr COMPLD o 'Ii ru. -.a Ii .. .... i 11' .. ~ a Clt p Jul ~1 05 03:37p ~ . Thomas M Silverman P.R. 75-7503 p.ll 58 I 7 Agenda Item No. 16K2 September 13, 2005 Page 5 of 5 3301 ~T~;,;;;,~,uu~~T=~ 5 . (HI) 17+-1192 , ~ PRO-IECI'NO_.ICl111 PARCELNO_..7D3I LBGALDESCRIPTlON (NOTA SURVEY) FClJOND.!~25'3a.~Dl teeporarF drb....' reataratloft ...ueat THE NORnfTEN (1111 net Of lHElIOU1H ISRITDFlHE W9T 10.... or 1te;. l!AST~1 fEET,otrTHEIOUMM!:STCUR11!ROPIEC1ION 1Z.~4t IOUtti.IWGE 2S eAST, COlJ..ER. COUNn', A.OAIM. CONfAMG IIGaauAlEFErCIROJRt M:REI MOREOR U!BS. .. ... ... a ... ~ en ." c:a ;, ~ .... e .. ... .. EX"'. T -EL- n..e rl ..f:. '" . .,.:"::: ~.: ~ ,,-~ /' ~." ..... PASWlEDR&~,~~"~~lL ~"RICHMDND " -:.L.':' rRlGI1!l....L.-~~1!I!I PUaJCWGRICI____ ~'J ftftI!'''CXIIMY~ 33It INrTAIIAIITRM. "r NAPLEl,FLaNOI. 34112 ....--, .- --- Agenda Item No. 16K3 September 13, 2005 Page 1 of 4 Executive Summary Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 187 in the Lawsuit Styled Collier County v. Patrick J. Murphy, et aL, Case No. 03-5270-CA (Vanderbilt Beach Road Project #63051). (Fiscal Impact: $17,950.00) OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for payment of expert fees incurred in connection with Parcel 187 in the lawsuit styled Collier County v. PatrickJ. Murphy, et al., Case No. 03-5270-CA (Vanderbilt Beach Road Project #63051). CONSIDERATIONS: The County acquired the subject property by depositing the sum of $147,300.00 into the registry of the Court on April 26, 2004. The County and Respondent have negotiated and settled by Stipulated Final Judgment in the amount of $228,000.00 which was approved by the Board on June 28, 2005. To conclude this matter, the County is required to pay reasonable expert fees incurred by the Respondent in the defense of this matter. . Expert Appraisal Fees: . Expert Engineering Fees: $12,250.00 $ 5.700.00 $17.950.00 TOTAL: Attached is the proposed Agreed Order. FISCAL IMPACT: Funds in the amount of $17,950.00 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will be made from the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order as to Parcel 187; and 2. Approve the expenditure of funds as stated. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Item Number: Item kanmary: Meeting Date: Agenda Item No. 16K3 September 13, 2005 Page 2 01 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K3 Recommendation 10 Approve an Agreed Order for Payment of ElCpert Fees in Connecbon with Parcel 187 in the Lawsuit Styled Collier County v. Patrick J. Murphy, et aI., Case No. 03- 5270-CA (Vanderbilt Beadl Road Project#63051). (Fiscal Impact: $17,950.00) 9/13/20059:00:00 AM Assistant Coun1y Attorney Dat. Prepared By Heidi F. Ashton County Attorney County Attorney Office 818/2005 1 :55:57 PM Eugene Calvert Dafe Approved By Transportations Services PrinCIpal ProJect Manager Transportation Engineering llnd Construction Management 8(10/2005 6:03 PM Norm E. Feder, AICP Transportation Division Administrator Dat. Approved BJ Transportation Services Transportation Service$ Admin 8/12120057:02 AM Approved By Sh:non Newman Transportation StlrvicelS Accounting Supervisor Date Transportation Administmtion 8/1212005 3:44 PM Kevin Hendricks Right Of Way Acquisition Manager Date Approved By TransportatIon Services Transportation Engineering and Construction 8/16!2005 4:31 PM Lisa Taylor MllnsgementlBudgel An41lyst D,te Appro\'cd By Trant;portation Services Transporta1ion Administration 8/18/2005 2:58 PM David C. Weigel County Attorney D,te A pproved By County Attorney County Attornoy Office 6124!2oo5 11 :49 AM OMS Coordinator Admmistrative Assistant Date Apllrovcd By County Manager's Office Office of Management & Budget 6124/2005 4:31 PM Michael Smykowski Managemen1 & Budget Director Date Appro\'ed B)' County Mtinaqer's Office Office of Management & Budget 8/25/2005 10:'37 AM A ppro,"'cd By James V, Mudd Board of County Commissioners County Manager D""' County Manager's Office 6.'27/2005 11:09 AM Agenda Item No. 16K3 September 13, 2005 Page 3 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDI(''IAL CIRCUIT IN AND FOR COLLIER COUNTY, Fl,ORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdi vision of the State of Florida, Case No.: 03-5270-CA Petitioner, Parcel No.: 187 vs. PATRICK J. MURPHY, et al., Respondents. / AGREED ORDER THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent. GOLDEN DREAM INVESTMENTS, INC., by and through its undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADruDGED that Respondent, GOLDEN DREAM INVESTMENTS, INC., receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twelve Thousand Two Hundred Fifty Dollars and No/IOO ($12,250.00) for appraisal fees incurred in connection with Parcel 187; it is further ORDERED that Respondent, GOLDEN DREAM INVESTMENTS. INC., receive from Petitioner, COllIER COUNTY, FLORIDA, the sum of Five Thousand Seven Hundred Dollars and NoltOO ($5,700.00) for engineering fees incurred in connection with Parcel 187; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Seventeen Thousand Nine Hundred Fifty Dollars and No/lOO ($17,950.00) to the GAYLORD Agenda Item No. 16K3 September 13, 2005 Page 4 of 4 MERLIN LUDOVICI DIAZ & BAIN TRUST ACCOUNT c/o Andrew G. Diaz, Esquire. 5001 West Cypress Street, Tampa. FL 33607-3887 for the benefit of Respondent, GOLDEN DREAM INVESTMENTS. INC. DONE AND ORDERED this _ day of , 2005 in Naples, Collier County. Florida. CIRCUIT COURT JUDGE Conformed copies to: Heidi F. Ashton. Esquire Andrew G. Diaz, Esquire E. Glenn Tucker, Esquire JOINT MOTION The Parties, by and through their undersigned attorneys. hereby move for entry of the foregoing Agreed Order as to Parcel 187. Dated: Dated: ~ ANDREW G. DIAZ, ESQUIRE Florida Bar No.: 974196 GA YLORD MERLIN LUDOVICl DlAZ & BAIN 5001 West Cypress Street Tampa, FL 33607-3887 (813) 221-9000 - Telephone (813) 221-9030 - Facsimile A TIORNEY FOR RESPONDENT HEIDI F. ASHTON, t:SQUIRE Florida Bar No.: 966770 COUNTY A TTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile A TIORNEY FOR PETITIONER ,.....-- -- ,,-. Agenda Item No. 16K4 September 13, 2005 Page 1 of 4 Executive Summary Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 134 in the Lawsuit Styled Collier County v. Terry L Lichliter, et aL, Case No. 03-2273-CA (Golden Gate Parkway Project #60027). (Fiscal Impact: $2,800.00) OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for payment of expert fees incurred in connection with Parcel 134 in the lawsuit styled Collier County v. Terry L. Lichliter, et at., Case No. 03-2273-CA (Golden Gate Parkway Project #60027). CONSIDERATIONS: The County acquired the subject property by depositing the sum of $12,500.00 into the registry of the Court on October 2,2003; the County and Respondents have negotiated and settled by Stipulated Final Judgment in the amount of $16,330.00 which was approved by the Board on February 22, 2005. To conclude this matter, the County is required to pay reasonable expert fees incurred by Respondents in the defense of this matter. . Expert Appraisal Fees: $2.800.00 TOTAL: $2.800.00 Attached is the proposed Agreed Order. FISCAL IMPACT: Funds in the amount of $2,800.00 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will be made from the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order as to Parcel 134; and 2. Approve the expenditure of funds as stated. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Item Number: Item SLI11RIIIry: Meeting Date: Agenda Item No, 16K4 September 13, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K4 Recommendahon 10 Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 134 in the Lawsuit Styled Collier County v, Terry L Lichlitef, e1 aL Case No. 03- 2273-CA (Golden Gale Parkway projec1 #60027) (Fiscal Impact $2.800,00) 9/13'2005 9:00:00 AM Assistant County Attorney Date Prepared By Heidi F. Ashton County Attorney County Attorney Office 8f5!2005 11:53:34 AM Norm E. Feder, AICP Transportation DivisIon Administrator Date Appro\lcd By Transportation ServIces Transportation Services Admin 8/5/2005 1 :26 PM Eugene Calvert Date Approved By Transportations Services Principal Project Manager lransportation Enginee-rlng and Construction Management MIf2005 7:14 AM Sharon Newman Accounting Supervisor Om Apprm'cd By Transportation Servlcel$ Transportation Adminiltration 8/12120053:42 PM Kevin Hendricks Right Of Way Acquisition Manager Date Approved 8y Transportation Serlllces Transportation Engineering and Con.'ltruction 8/16120054:30 PM Lisa Taylor MllnagemenllBudget Analyst D.... A pprovcd By Transportation Servicel$ Trani'lponation Administration 811812005 2:56 PM David C. Weigel County Attorney Dale Approved 8y County Atlorney County Attorney Office 8124/200511:51 AM OMB Coordinator Administrathle Assistant 0.... Approved By Count')' Manager'll Officc Office of Management 8. Budg01 8/24/20054:30 PM Mich.ael Smykowski Management & BUdget DIrector Date A pprllved By County Manager's Office Office of Management 8. Budget B12512005 10:25 AM Approved By James V, Mudd Board of County CommiSSIoners Counly Manager Date County Manllger's Office 81271200510:56 AM Agenda Item No. 16K4 September 13, 2005 Page 3 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION ~ ~ ~ C;;') \ ~ f. be k~' ~ ....f"\ ~"6 -.e::.. t"\', ~~, ..-0 0-- ~ ~~ .. r;2. - ....1 COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 03-2273-CA Petitioner, Parcel No.: 134 vs. TERRY L. LICHLITER, et aI., Respondents. / AGREED ORDER THIS CAUSE, having come before the Court upon joint motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, DARRYL J. DAMICO and BRADLEY T. DAMICO, by and through their undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, DARRYL J. DAMICO and BRADLEY T. DAMICO, receive frorn Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Thousand Eight Hundred Dollars and No/IOO ($2800.00) for appraisal fees incurred in connection with Parcel 134; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Two Thousand Eight Hundred Dollars and No/IOO ($2800.00) to the ROETZEL & ANDRESS TRUST ACCOUNT c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901 for appraisal fees for Parcel 134. Agenda Item No. 16K4 September 13, 2005 Page 4 of 4 , ~ DONE AND ORDERED this _ day of , 2005, in Naples, Collier County, Florida. CIRCUIT COURT JUDGE Conformed copies to: Heidi F. Ashton, Esquire Kenneth A. Jones, Esquire AmSouth Bank E. Glenn Tucker, Esquire JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order as to Parce1134. Dated: Dated: @ HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 OFFICE OF THE COUNTY A TIORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile A TIORNEY FOR PETITIONER NES, ESQUIRE No.:0200J58 ROE L & ANDRESS 2320 F st Street, Suite 1000 Fort Myers, FL 33901 (239) 337-3850 - Telephone (239) 337 -0970 - Facsimile ATTORNEY FOR RESPONDENTS - -, Agenda Item No. 16K5 September 13, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve an Agreed Recommended Order of the General Master on Respondents' amended motion to tax expert witness fees in the lawsuit styled Collier County v. Jeffrey A. Richardson, et at., Case No. 02-2188-CA (Immokalee Road Project #60018). (Fiscal Impact $6,700.00) OBJECTIVE: That the Board of County Commissioners approve the Agreed Recommended Order of the General Master on Respondents' amended motion to tax expert witness fees in the lawsuit styled Collier County v. Jeffrey A. Richardson, et aI., Case No. 02-2188-CA (Immokalee Road Project 60018). CONSIDERATIONS: The parties entered into a Stipulated Final Judgment which was executed by Judge Monaco on February 10, 2005. Pursuant to g73.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs incurred in defense of the eminent domain proceeding. The property owner submitted invoices for appraisal fees totaling $5,822.50. Through negotiation, the parties have agreed to settlement for $5,000.00. The property owner is entitled to supplemental attorney's fees in the amount of $1,700.00. If the settlement is approved, the County is responsible for the following costs: . Appraisal Expert Costs & Fees: . Supplemental Attorney's Fees: TOTAL COST: $5,000.00 $1,700.00 $6,700.00 See attached Agreed Recommended Order of the General Master on Respondents' amended motion to tax expert witness fees. FISCAL IMPACT: Funds in the amount of $6,700.00 are available in the FY 2005 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Recommended Order of the General Master on Respondents' amended motion to tax expert witness fees; 2. Approve the expenditure of funds as stated. PREP ARED BY: Ellen T. Chadwell, Assistant County Attorney 1 ttem Number: Item Summary: Meeting Date: Agenda Item No. 16K5 September 13, 2005 Page 2 ot6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K5 Recommendation to Approve an Agreed Recommended Order of the General Master on Respondents' amended motion to tax expert witness tees in the lawsuit styled CC v. Jeffrey Richardson, et al., Case No. 02-2188CA (lmmokalee Rd Projecl#60018). (Fiscal Impact $6700) 9/13120059:00:00 AM Date Appro\'ed By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager Tran'Sportation Engineering and Construction 8f3f20051:20 PM Accounting Supervisor 0... Apprond 8)' Sharon Newman Transportation Services TransportatIOn Administration 61312005 1:51 PM Norm E. Feder, Alep f"ransportation Divifiion Administrator Date Approved By Tr.1nsportation S~rvices Transportation Serv~ces Admin. 8/4120057:41 AM Eugene CDlvert DaI. AIJpfnVcd By Transportations Services Prinr;lpal Project MDnager Transpor1atlon Engineering and Construction Management 814120068:38 AM Lisa Taylor Management/Budget Analyst DaI. Approved By Transportation Services; Transportation Administration 814120053;35 PM Approved B)' Ellen T. Chadwell County Attorney Assistant County Attorney Date County Attorney OfficI!' 8/12120052:19 PM David C. Weigel County Attorney Date Approved By County Attorney County Attorney O"~ce 61241200511:55 AM Approved By OMS Coordinator county Manager's Office AdministratIve Assistant DaI. Offir;e of Management & Budget 8/24f2005 4:30 PM Michael Srnykowski Management & Budget Director DaI. Apprtl\!cd By County Manager's Office Office of Management & Budget BI2R12005 4.02 PM Apllrnvcd By Susan Usher County Manager's Office Senior M,m.agen)(>ntfBudge1 Analyst Date Office of Management & Budget 813012005 2:33 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 813012005 3:06 PM Agenda Item No. 16K5 September 13, 2005 Page 3 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COlLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 02-2118-CA v. Parcel No. 200 JEFFREY A. RICHARDSON, et ai, Respondents. I AGREED RECOMMENDED ORDER OF mE GENERAL MASTER ON RESPONDENTS' AMENDED MOTION TO TAX EXPERT WITNESS FEES THIS CAUSE, having come before the General Master upon the Respondents' Amended Motion to Tax. Expert Witness Fees. the General Master having reviewed the record and by joint motion of the parties, and being fully advised in the premises. it is hereby recommended that it be ORDERED AND ADJUDGED that Respondents, JIMMIE L. ROGERS and BETTY L.. ROGERS, have and recover from Petitioner, COI..LIER COUNTY, the total sum of Six Thousand Seven Hundred and No/tOO Dollars ($6,700.00) consisting of Five Thousand and No/IOO Dollars ($5,000.00) for appraisal fees and costs and One Thousand Seven Hundred and No/tOO Dollars ($1,700.00) for attorney's fees and costs, both with respect to Parcel 200, which includes all expert fees and costs recoverable by Respondents in this cause; and it is further ORDERED AND ADJUDGED that Petitioner. COLLIER COUNTY, shall, within thirty (30) days from the date of this Order, pay the sum of Six Thousand Seven Hundred and No/IOO Dollars ($6,700.00) to ROETZEL & ANDRESS TRUST ACCOUNf, Clo Kenneth A. 1 Agenda Item No. 16K5 September 13, 2005 Page 4 of 6 Jones, Esq., Roetzel & Andress. 2320 First Street, Ste. 1000, Ft. Myers, FL 33901-3419, for proper disbursement in accordance with this order; and it is further ORDERED AND ADJUDGED that no other costs shall be awarded to Respondents, JIMMIE L. ROGERS and BETTY L. ROGERS. DONE AND ORDERED in Naples, Collier County, Florida, this _ day of . 2005. LAWRENCE S. PIV ACEK General Master, Twentieth Judicial Circuit Conformed copies to: Ellen T~ Chadwell, Esq. Kenneth A. Jones. Esq. E. Glenn Tucker. Esq. JOINT MOTION The Parties hereby stipulate and respectfuJly request this Court to enter the foregoing Joint Motion for Agreed Recommended Order of the General Master on Respondents' Amended Motion to Tax Expert Witness Fees . Dated: Dated: ELLEN T. CHADWEll., ESQUIRE Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Hannon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile A TIORNEY FOR PETITIONER COLLIER COUNTY . JONES, ESQUIRE 0.200158 RO L & ANDRESS 2320 1 Street, Suite 1000 Fort Myers. FL 33901-2904 (239) 338-4206 (239) 337-0970 ATTORNEY FOR RESPONDENTS JIMMIE L. ROGERS AND BETTY L. ROGERS 2 Agenda Item No. 16K5 September 13, 2005 Page 50f6 CERTIFICA TE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished via U.S. Mail to the parties listed below on this _day of ,2005. ELLEN T. CHADWELL, ESQUIRE Jimmie L. Rogers and Betty L. Rogers c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers,.FL 33901-3419 Collier County Tax Collector c/o E. Glenn Tucker, Esq. RHODES, TUCKER & GARRETSON P. O. Box 887 Marco Island, Florida 34146 3 Agenda Item No. 16K5 September 13, 2005 Page 6 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY. FLORIDA, a poli tical subdi vision of the State of Florida, Petitioner, Case No. 02-21l8-CA v. Parcel No. 200 JEFFREY A. RICHARDSON, et ai, Respondents. I ORDER OT'l AGREED RECOMMEND~D ORDER OF GENERAL MASTER ON RESPONDENTS' AMENDED MOTION TO TAX EXPERT WITNESS FEES THIS CAUSE. having come upon the foregoing Agreed Recommended Order of the General Master, Lawrence Samuel Pi vacek, and the undersigned, having considered the findings and recommendations therein contained, it is hereby ORDERED AND ADJUDGED that the Agreed Recommended Order of the General Master dated attached hereto as Ex.hibit A be and the same is hereby ratified and approved; . ORDERED AND ADJUDGED that the parties herein are ordered to abide by all findings and recommendations contained in the Agreed Recommended Order of the General Master, and the Court hereby adopts each and every finding and recommendation contained therein as the Order of the Court. DONE AND ORDERED in Chambers, Naples, Florida, on this _ day of August, 2005. DANIEL R. MONACO Circui t Judge Conformed Copies: Ellen T. Chadwell, Esq. Kenneth A. Jones, Esq. _. -- Agenda Item No. 16K6 September 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve Agreed Order Awarding Planning Expert Fees and Costs in the amount of $2,000.00 for Parcel Nos. 142, 742A, 742B, and 942 in the lawsuit styled Collier County v. Parkway Community Church of God, et at., Case No. 03-2374-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $2,000.00) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Planning Expert Fees and Costs as to Parcel Nos. 142, 742A, 742B, and 942 in the lawsuit styled Collier County v. Parkway Community Church of God, et al., Case No. 03-2374-CA (Golden Gate Parkway Project 60027). CONSIDERATIONS: The parties reached a mediated settlement and a Stipulated Final Judgment was entered on June 16, 2005, by Judge Monaco. Pursuant to S73.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs incurred in defense of the eminent domain proceeding. The property owner submitted invoices for planning fees and costs totaling $2,311.19. Through negotiation, the parties have agreed to settlement for $2,000.00. If the settlement is approved, the County is responsible for the following costs: . Planning Expert Fees & Costs: TOT AL COST: . $2,000.00 $2.000.00 See attached Agreed Order Awarding Planning Expert Fees and Costs. FISCAL IMPACT: Funds in the amount of $2,000.00 are available in the FY 2005 adopted budget. Source of funds are Impact Fees and Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDA TION: That the Board of County Commissioners: 1. Approve the Agreed Order Awarding Planning Expert Fees and Costs; 2. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Item Numblr: Item Summary: _ing 0...: Agenda Item No. 16K6 September 13, 2005 Page 2 014 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K6 Recommendation 10 approve Agreed Order Awarding Ph!lnni'lg ElCpert Fee'6 & Costs. in amount 01 $2,000 for F>e;rcel& 142, 742A, 7428, & 942 in the II!lMult styled CC v. F'arkway Commun(ty Church of God. Celt.! No. 03--2314..cA (Golden Gate Pkvwy Project 60027). QI1312005 9:00:00 AM 0... Approved By Kevin Hl)ndrlckf. Tren.portltion Service. RIght Of Way Acquisition Manager Tr.n.portatlon EnglnlMtring and COf1llltructlon 813120051:18 PM Eugene Calvert 0... Approved By Transportiltlol1$.S.rvices Pr~n(fi.pAI Profeat Manager Tr.nl-port.lon fngln.-rlng and Conl!ltructlon MIMgemem &1312005 1:45 PM Approved By Sharon Ne'NITI.n T~n.portll:lon Service-a. Accounting SUPGlViaor Date T ran.portation Admlnllltration 813120051:048 PM Norm E. Fm-dcr, AICP TfllMpor1mlcn Division Admlnt.trator Om Approved By Tflansportatlcn Serv,cOJ T rantlportetlon. 8cr\llCQ5 Admin. 814120057:40 AM Approved B~' Lilllll TaylOr Transportation Services Management/Budget Analyst Dol. Tran.partltion Admlnilltratlon 814(2005 3:36 PM A.-istam CQunty Attorney Da" Approved By Ellen T. Chadwell County Atton.y County Attornit)' Offioo 8/12/.20052:16 PM Admlni~r.et...'e Aul.tam- Da" Approved By OMS Coordinator County M~ager'lS Offioer Office of Manlgermcmt & Budget 612412005 4:29 PM Doto Approved By Susan Usher County MilInagtl-r'. Offlem Sonlor ManaQllImentlBudget Analym OffIce of M.anagemLllnt & Budget 8124/200510:38 PM 0... AplJrOved By Michael Smykowskl County Manage-r's Offic@ Manag61'nl:lnt & Budget Director OffIce of MJrnagmnent & Bl.ldget 8/25/200510:26 AM County Molnager 0". AplJro\'ed By James V. Mudd Board of County Cammf1l;&loners County Manager's Offioe 8130/2005 11 :43 AM Approved B)' David C. Weigel County Attorney County Attorne)l County Attorn!;!)' Office ON 8/301200$ 1 ~46 PM Agenda Item No. 16K6 September 13, 2005 Page 3 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Case No.: 03-2374-CA Petitioner, Parcel Nos.: 142, 742A, 742B, 942 vs. PARKWAY COMMUNITY CHURCH OF GOD, et aI., Eminent Domain Action Respondent. / AGREED ORDER AWARDING PLANNING EXPERT FEES AND COSTS THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, and Respondents, P ARKW A Y COMMUNITY CHURCH OF GOD and HAROLD COUTTS, STANLEY DYKES and LARRY WISDOM, as Successor Trustees, for entry of an Agreed Order Awarding Planning Expert Fees and Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, P ARKW A Y COMMUNITY CHURCH OF GOD and HAROLD COUTTS, STANLEY DYKES and LARRY WISDOM, as Successor Trustees, have and recover from Petitioner, COLLIER COUNTY, the sum of Two Thousand Dollars and No/tOO (52,000.00) for planning services with respect to Parcels 142, 742A, 742B and 942; and it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty (30) days from the date of entry of this Order, pay the sum of Two Thousand DoUars and No/lOO (52,000.00) to Paul A. Blucher, P.A. Trust Account, c/o Law Offices of Paul A. Blucher, 1 Agenda Item No. 16K6 September 13, 2005 Page 4 of 4 P.A, 434 South Washington Boulevard, 2nd Floor, Sarasota, Florida 34236, for proper disbursement; and it is further ORDERED AND ADJUDGED that the Court continues to retain jurisdiction to determine the Defendants' remaining attorney's fees, experts' fees, and costs, to be assessed against Petitioner in this matter, pursuant to Sections 73.091 and 73.092(2), Florida Statutes. DONE AND ORDERED in Chambers, at Naples, Collier County, Florida this _ day of , 2005. JUDGE DANIEL R. MONACO CIRCUIT COURT JUDGE Confonned copies to: Ellen T. Chadwell, Esq. Paul Arthur Blucher, Esq. Bookkeeping JOINT MOTION FOR AGREED ORDER AWARDING PLANNING EXPERT FEES AND COSTS The Parties hereby respectfully request this Court to enter the foregoing Agreed Order Awarding Planning Expert Fees and Costs as to Parcels 142, 742A, 742B and 942. AUL A. BLU HER, ESQUIRE Florida Bar No: 860409 Law Offices of Paul A. Blucher, P.A. 434 South Washington Blvd., 2nd Floor Sarasota, Florida 34236 (941) 955-4019; fax (941) 955-4889 Attorney for Respondents Parkway Community Church of God, Harold Coutts, Stanley Dykes and Larry Wisdom, as Successor Trustees ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 Office of the County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400; fax (239) 774-0225 Attorney for Petitioner Dated: ~7/2b6J . Dated: 2 -, - Agenda Item No. 16K7 September 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Agreed Order Awarding Planning Expert Fees and Costs in the amount of $2,000.00 for Parcel Nos. 141, 841, and 143 in the lawsuit styled Collier County v. Primera Iglesia Cristiana Manantial De Vida, Inc., et al., Case No. 03-2372-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $2,000.00) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Planning Expert Fees and Costs as to Parcel Nos. 141, 841 and 143 in the lawsuit styled Collier County v. Primera Igesia Cristiana Manantial De Vida, Inc., et al., Case No. 03-2372-CA (Golden Gate Parkway Project 60027). CONSIDERATIONS: The parties reached a mediated settlement and a Stipulated Final Judgment was entered on June 16, 2005, by Judge Brousseau. Pursuant to g73.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs incurred in defense of the eminent domain proceeding. The property owner submitted invoices for planning fees and costs totaling $2,549.13. Through negotiation, the parties have agreed to settlement for $2,000.00. If the settlement is approved, the County is responsible for the following costs: . Planning Expert Fee & Costs: TOTAL COST: $2,000.00 $2.000.00 See attached Agreed Order Awarding Planning Expert Fees and Costs. FISCAL IMPACT: Funds in the amount of $2,000.00 are available in the FY 2005 adopted budget. Source of funds are Impact Fees and Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order Awarding Planning Expert Fees and Costs; 2. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 03.0]47/806 Item Number: Item Summlry: Mooting 0...: Agenda Item No 16K7 September 1~, 2005 Page 2 014 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K7 Reeomml!'nd.1ion to approve the Agreed Order Awarding Planning E.xpert Fees & Costs in the amoull~ of $2,000 for Parcels '41,841, & 1431n the laW'Bultstyled Collter County II, Primera IglesIa CrisUena Ma:MIlntial De Vida, Inc., Case No. 03.2372~CA (Golden GQte Parkway Project 60027), 9113120059:00:00 AM 0... Approved By Kevin H&ndrick, Transportation S.rvices Righ1 Of Way Acquisition Manager Tran.portation Englnoorlng IlInd Co",truotlon 813120061:17 PM Dole Approved By Sholron Newman Tranlportltlon Services Accounting Supe-Nlaor 1 ,ansportatlon Adrrintatratlon 8f312006 1:26 PM Eugene CllIlv&rt Dole Approved By lransportatlon$ S<<vlce$ Principal Project MllInager lransportation EnglneGring and ConsUucUon Managernllnt SJ312005 1 :42 PM Norm f.. Fedor. AICP Trlan.portlltlon Division Administrator 0". AIJprond By Trllt'lap<>rtation SBfVj(~fUJ Tra.l18pnrhttfon krvfr-..Sl Admin, 8/4120057:31 AM Lisa Taylor ManllgementJBudge.t Analyst Dote Approved By Transportation Servlc88 TransportatIon Admlnisfratlon 0/4120053:37 PM Approved By Ellen T. Chadwell County Attornay As",lshmt County AttorrMty County Attorney Office DOle 8'12120052:17 PM County Attorney Dole 81241200512:01 PM Approved B,"' David C. Weigel County Attorney County Attomey O"~e Administrative Aaslttllnt 0... Approved By OMS Coordinator County Mlln.~'s; Oftlc:e Office 01 Management & Budget 812...,20054:34 PM Mictut61 Smvkowski Management: & Budget Director Dole 8/25/2005 10:33 AM Approved By County MllInager's Office OffiCI\! of Managemont & Budget Approved By SU.flan Usher County Manll{lf1lr'to Office Senior Mi/ln.ilg811l(1nttBudQet Analyst Dote OffiCll of Mlln41JOment & Budget 6130(2006 2:2tl PM Count)' Manager 0... Approved By Ja,"e~ V. Mudd Board of County Comml..ioners County Manager's OffIce Sf3U12005 3:06 PM Agenda Item No. 16K7 September 13, 2005 Page 3 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, v. Case No. 03-2372-CA PRIM ERA IGLESIA CRISTIANA MANANTIAL DE VIDA, INC., et al., Parcel Nos.: 141,841, 143 Respondent. / AGREED ORDER AWARDING PLANNING EXPERT FEES AND COSTS THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, and Respondent, PRIMERA IGLESIA CRISTIANA MANANTIAL DE VIDA, INC., for entry of an Agreed Order Awarding Planning Expert Fees and Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondent, PRIMERA IGLESIA CRISTIANA MANANTIAL DE VIDA, INC., does have and recover from Petitioner, COLLIER COUNTY, the sum of Two Thousand Dollars and No/lOO ($2,000.00) for planning services with respect to Parcels 141, 841 and 143; and it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty (30) days from the date of entry of this Order, pay the sum of Two Thousand Dollars and Nol100 ($2,000.00) to Paul A. Blucher, P.A. Trust Account, c/o Law Offices of Paul A. Blucher, P.A. 434 South Washington Boulevard, 2nd Floor. Sarasota, Florida 34236, for proper disbursement; and it is further 1 Agenda Item No. 16K7 September 13, 2005 Page 4 of 4 ORDERED AND ADruDGED that the Court continues to retain jurisdiction to determine the Defendant's remaining attorney's fees, experts' fees, and costs, to be assessed against Petitioner in this matter, pursuant to Sections 73.091 and 73.092(2), Florida Statutes. DONE AND ORDERED in Chambers, at Naples, Collier County, Florida this day of ,2005. Conformed copies to: Ellen T. Chadwell, Esquire Paul A. Blucher, Esquire Terrell R. Raburn, R.A. Brian R. Brattebo, Esquire Bookkeeping JUDGE TED BROUSSEAU CIRCUIT COURT JUDGE JOINT MOTION FOR AGREED ORDER AWARDING PLANNING EXPERT FEES AND COSTS The Parties hereby respectfully request this Court to enter the foregoing Agreed Order Awarding Planning Expert Fees and Costs as to Parcels 141,841 and 143. f/ ~ IfL PAUL A. BLUCHER, ESQUIRE Florida Bar No: 860409 Law Offices of Paul A. Blucher, P.A. 434 South Washington Blvd., 2nd Floor Sarasota, Florida 34236 (941) 955-4019; fax (941) 955-4889 Attorney for Respondents Primera Iglesia Cristiana Manantial de Vida, Inc. Dated: o?lzt~-' ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 Office of the County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400; fax (239) 774-0225 Attorney for Petitioner Dated: 2 <- - ---- Agenda Item No. 16K8 September 13, 2005 Page 1 of 3 Executive Summary Recommend that the Board Authorize the Extension of the Tax Roll Before Completion of the Value Adjustment Board Hearings Pursuant to Section 197.323, F.S., and Tax Collector's Request. OBJECTIVE: Grant the Collier County Tax Collector's request and order the tax roll to be extended prior to completion of the Value Adjustment Board hearings for the 2006 Tax Year. CONSIDERATIONS: In 2002, the Florida Legislature amended Section 194.035, F.S., to require all counties having a population of more than 75,000 to appoint Special Magistrates for the purpose of taking testimony and making recommendations to the Value Adjustment Board. Pursuant to this legislative mandate, the Board of County Commissioners and the Collier County School District have retained special magistrates to hear all petitions regarding exemptions, classifications and real and personal property valuations during the period of October 14 through November 15, 2005. The Special Magistrates are required to make their recommendations to the Value Adjustment Board, which is scheduled to convene on or before October 14, 2005 and in mid to late November to confirm all recommendations. Section 197.323, F.S., provides that the Board "may, upon the request of the Tax Collector and by majority vote, order the roll to be extended prior to completion of value adjustment board hearings, if completion [of the hearings] would otherwise be the only cause for a delay in the issuance of tax notices beyond November I." Because it is unlikely that all value adjustment board hearings will be completed prior to October 15, 2005, the Tax Collector has requested pursuant to Section 197.323 that the Board authorize the extension of the roll. This will allow the Tax Collector to proceed with the issuance of tax notices by November 1. The Value Adjustment Board will meet in mid to late November, 2005 to confirm all remaining recommendations and issue all final decisions. Any adjustment to tax liability arising out of this final meeting will be resolved by the Tax Collector using the same procedure for the correction of tax bill errors. FISCAL IMPACT: There is no direct cost to the County's General Fund related to approval of this request. And while there may be some additional administrative costs incurred by the Property Appraiser and the Tax Collector, these costs do not impact the County's General Fund. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners order the extension of the 2005 tax roll pursuant to Section 197.323, F.S., prior to completion of the Value Adjustment Board hearings for the 2006 Tax Year. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Agenda Item No, 16K8 September 13, 2005 Page 2 01 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS MMllng o.te: 16KB Recamme-nd that the Board Authoriz.e the Elrteneion 01 the Tax Roll Before Completion of the VelUfl Adjustment Board He8rings Pllrsuantto Section 197.323, F.S., and Tax Collector's Reques.t 9113120059:00:00 AM Item Number: Item Sum,..ry: Prepared By Heidi F. Ashton A,sslstant County Attorney County Attorney Office Dot. COUnty Attor".y 7114f2oo5 t:4U:2:4 PM Approved 8)0' David C. Weigel Count)' Attornoy County Attorntty Otfk:e ON County AttDf'noy 131241200:5 12:02 PM Approved By County Manager's OffjOfl OffIce af Management & Budget. ON 8/2,cnOD5 4:26 PW OMS Coordinator Adminlstratiye ABelatan!. Approved B" Michael Stnykowalli Mlnftgement & Budget Director Daw County MOllager's Oftice OffIC0 of MsnlgDnwnt & 8udgftt a/25/200S 12:11 PM Approved By Jame.l V. Mudd Board of County Commissionen County Monagor Dot. County Manager's Office 8126(2005 11 :53 AM Agenda Item No. 16K8 September 13, 2005 Page 3 of 3 qu'f ~. eat~~on. C.F.C. COLLIER COUNTY TAX COlLECTOR July 12, 2005 Board of County Commissioners Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 Re: 2006 Tax Roll Dear Commissioners: I have been advised that because of the legislative changes regarding Special Magistrates and the Value Adjustment Board that the Value Adjustment Board hearings may extend into late October and early November. As a result, this may delay the date upon which the Property Appraiser's Office will be delivering the final 2006 tax information to the Office of the Tax Collector. Based on these circumstances, I am requesting that the Board of County Commissioners order that the tax roll be extended pursuant to Section 197.323, Florida Statutes. It is my understanding that this extension of the roll will allow my office to resolve any tax liability issues that are subsequently altered by the Value Adjustment Board using the procedures for the correction of errors. ~Y7~ Guy lton Tax ollector COURTHOUSE-BLDG. C-1 · NAPLES, FlORIDA 3(112-4997 www.coIIlertax.com -- .,-.. Agenda Item No. 16K9 September 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of 5750,000.00 for the Acquisition of Parcels 106 and 806 in the Lawsuit Styled CoUier County v. Tree Plateau Co., Inc., et aL, Case No. 03-0519-CA (Immokalee Road Project #60018) Fiscal Impact: 5335,575.00. OBJECTIVE: That the Board approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of Parcels 106 and 806 in the lawsuit styled Collier County v. Tree Plateau Co., Inc., et al., Case No. 03-0519-CA (Immokalee Road Project 60018 ). CONSIDERATIONS: The County acquired the subject property by depositing the sum of $508,000.00 into the Court Registry on June 6, 2003. The County's last written offer was $609,600.00 on December 16, 2003. The County and Respondent have negotiated a settlement of $750,000.00 for full compensation. If the settlement is approved, the County is responsible for the following costs: . Additional Deposit/Disbursement Amount: . Expert Fees: . Attorney's Fees: $242,000.00 To be determined $ 93.575.00 $335,575.00 TOTAL: Attached is the Mediated Settlement Agreement. The agreement provides for additional conditions which are simplified and summarized as follows: 1. Owner may request that County convey fee simple title to the owner over the pond site reserving to County a drainage easement over the pond site; 2. Owner may move or modify the pond onto owner's remainder property provided the County is given easement rights; 3. If owner re-acquires fee simple ownership, owner will be entitled to a density credit for the acreage of the drainage pond. FISCAL IMPACT: Funds in the amount of $335,575.00 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will be made from the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees. - _. Agenda Item No. 16K9 September 13, 2005 Page 2 of 5 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Mediated Settlement Agreement; 2. approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry; 3. approve the expenditure of funds as stated; and 4. direct staff to make disbursement of the funds. PREPARED BY: Heidi F. Ashton, Assistant County Attorney 2 hem Number: h.m Summery: MMlln; Dote: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ,6K9 Agenda ItErI'!l No_ 16K9 Seplomber 13, 2005 Page :;. 01 5 Recomme-nd.tion 10 Approve a Mediated Settlement Agrnment and 1'1 Stipulated Flnel Judgment to be Orllfte-d Incorporating the Same Terms and Condl1ions 8S the Mediated Settlement Agreement in the Amount 01 $750,000.00 10r the Acquisition of Parcel&- 106 and 806 in the L~wsllil Styled Collier County v. Tree- Plateau Co.. Inc., e1 al Cas" No. 03-0519. CA (lmmok21lee Roed Project tle001 B ) (Fi8callmpact: $335,575.00.) 9113120059:00:00 AM Dale Prepared B,. Heidi F. Ashton County AtlorM)' AplJrond B)' Sharon N.wman Tr.an.portatlon Servlca Assistant County A.ttorney County Attorrnrry Office Aecountlng Supervisor Transportation Admlnlfrtlatlon 7120/2005 12;55;153 PM "... 7/27t200511:23 AM waa T 4lylor 0... Appro,'ed B)' 'Trllnl.portlllion &etvlee. MlIInl)gementlBudget AnalYl!:t T ransportlrtion Admlni.tnUon 6/21.2005 6;23 AM AWroved B" Kevin Hendricks Tranaportation Servten Right Of Way Acquleltion Manage' Transportation Eng~n..r~ng and CQostrU(l.tjon 0... 81J12oo5 1; 18 PM OalO Approved By EU9E'ne Calvert Tranaportatloml SOf"IIloea Prin~pal ProJect Manager TraMportaUon EnulrnNlfing and Construction Ma""gerT'lCllnt 813/2005 1 :43 PM 0... Apl.roved By Norm E. Fedl!lr, AICP Trrmsportatlon Service. 1 ran.portatlon Dlviaion Admlnl.triltor Trlln8portllltion SeryjCIK Admin a/4120OS 7:37 AM 0... Approved B,.. Oayid C. WellJlll County Attorney County Attorney County Attorney Office- ara41,zoo512:05 PM OMB CODrdinator Ollte Approved B,.. CDunty Manllgtlr'. Qffiae Admlnistr,atJve AllIii.tant Offioe or Management & Budget 6124120054;35 PM All proved B)" Su.an Usher County Manlilger'~ Offlc~ Senior Management/Budget Analyst OffiCII of ManPgiement & Budget 0". 8124'2006 10:31 PM Mlcholl(!)"1 Smyl<owskl Oow Appro,'cd By County Manager'a Office Managemllmt & Budget Dlreetor Office of Management & Budqet 81251200510:36 AM Approved By Jatne.$ V. Mudd BOllrd of County Commls61onerl County ManaQGIr County MJln.lger's Office Dot. 8126120056<40 PM Agenda Item No. 16K9 September 13, 2005 Page 4 of 5 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA. CIRCUIT CIVlL DMSION COlLIER COUNTY, FLORIDA, a political subdivi~ion of the State of Florida, Petitioner. Case No.: 03-0519-CA v. Parcel No.: 106 & 806 TREE PLA1EAU CO., INC.. et al. Respondents. I MEDIA TED SE'ITLEMENT AGREEMENT At the Mediation Conference held on July 20,2005, the parties reached the following Settlement Agreement: . 1. Petitioner will pay to Respondent, Mary Walmer. the sum of $750,000 in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, but excluding attorney's and experts' fees and costs. Said sum will be subject to claims for apportionment. if any. 2. Petitioner is entitled to a credit in the amount of $508,000 which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondent will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. 4. Petitioner will pay Respondent the balance due of $242,000 within 30 days of the actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid Stipulated Final Judgment from the Court. 5. Collier County will pay $ 93,575 in statutory attorney's fees pursuant to Section 73.092(1), PIa. Stat. for all monetary and non-monetary benefits. The Court will retain jurisdiction to deternrine apportionment issues if any, and to determine experts' fees and costs and supplemental attorney's fees, if any. '- - . Agenda Item No. 16K9 September 13, 2005 Page 5 of 5 6. This Settlement Agreement is subject to review and approval by the Board of County Commissioners of Collier County. 7. For a period of 10 years from the date of entry of Stipulated Final Judgment, Respondent, Mary H. Wagner, or her successors or assigns, shall have the right to request, in writing, that the County convey fee simple ownership of Parcel 806 to Respondent, Mary H. Wagner, or her successors and assigns, with the County retaining or reserving a drainage, utility and maintenance easement over Parcel 806. Upon such request, Collier County shall convey a statutory deed to Respondent, Mary H. Wagner, or her successors or assigns, with a reservation to Collier County as described in this paragraph. If Respondent, Mary H. Wagner, or her successors or assigns, exercise the right to obtain fee simple ownership as described in this Section 7, Collier County agrees that Respondent, Mary H. Wagner, or her successors or assigns, may amend the drainage pond to add to, move, alter or modify the drainage pond subject to pe~tting requirements of South Florida Water Management District, Collier County Development review and any other reviewing agencies all at the expense of Respondent, Mary H. Wagner, or her successors or assigns. In such event, Respondent, Mary H. Wagner, agrees to convey to Collier County a drainage, utility and maintenance easement free and clear of all encumbrances for the pond area outside of Parcel 806. Respondent, Mary H. Wagner, her successors or assigns, shall maintain the quantity and quality of the County's drainage pond during any alteration or modification of the drainage pond. Por all joint uses of the drainage pond by Respondent, Mary H. Wagner, or her successors or assigns, Collier County shall have the right to review and approve the design plans. Under the Collier County Land Development Code, if Respondent, Mary H. Wagner, her successors or assigns, holds fee simple title to Parcel 806 and the County has a drainage, utility and maintenance easement over Parcel 806, then Respondent, Mary H. Wagner, her successors or assigns, shall be entitled to the development density credit for the gross acreage of Parcel 806 for the purpose of development of the remainder property. 8. This Agreement, dated July 20,2005, and the attached addendum, if any, contain(s) all of the agreements of the parties. .A:ttorney or Petitioner M Mediator ,- EXECUTIVE SUMMARY Agenda Item No. 16K10 September 13, 2005 Page 1 of 7 Recommendation that the Board of County Commissioners Approve the Stipulated Final Judgment Relative to the Acquisition of Parcel 125 in the Lawsuit Styled Collier County v. G. Herbst, et ~, Immokalee Road, Project #60018. (Fiscal Impact: 510,206.00) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement interests in Parcel 125 for the lmmokalee Road project in the lawsuit styled Collier County v. G. Herbst, et at., Case No. 02-5138-CA CONSIDERATIONS: The County acquired the subject property by depositing the sum of $13,500.00 into the registry of the Court on June 6, 2003. The County's last written offer was $16,200.00 on January 29, 2004. The County and Respondents have negotiated a settlement of $21,000.00 for full cornpensation. If the settlement is approved, the County is responsible for the following costs: . Additional DepositlDisbursement Amount: . Expert Fees: . Attorney's Fees: . Clerk's Service Fee: TOTAL: $ 7,500.00 To be determined 2,706.00 None $10,206.00 Attached is the proposed Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $10,206.00 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fIScal year 2005, then the payment will be made from the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment as to Parcel 125; 2. Approve the expenditure offunds as stated; and 3. Direct staff to make disbursement of the funds. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Item Number: ItMn SumIMry: M...lng Dolo: Agenda lIem No. 16K10 Septe-mber 13, 2005 Page 2 017 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K10 Recommendation that the Board or County Commiseionftrll Approve the Stipulated Final Judgment Relative to the Acquisition of P~rcel125ln the Lawautt Styled Collier County v. G. Herbst. e1 al., ImlOOk...lee Road, ~H)j.ct.a0018" (FlsC8llmpact: $10,206.00) 9/13120059:00:00 AM 0... Prepared B)' H"ldl F. Ashton County Attorney Anlahnt County Attorn0Y County Attorney Office 811/2005 2:34:29 PM Management/Budget Analyst Date Approved 0,. Usa Taylor Tr.nsportatlon Senri(:lt$ Tr."aportlltion AdmlnistratlQl't 3f2t2005 8:21 AM Kevin Hendrick6- 0... Approved By Transportation Service. RJght Of Way AO(lui.iIIon MlJf\ager "ran.portlllt~on Engineering .nd Cotultructlon &1312005 1:18 PM Approved By Eugene Cal....ert. Tr.llnsport8tIOOl~ SlllfVices Oat. Principal Project Manager Transportlltioll Engineering and COl"llltructlon ManElgGJ11etnt 81312005 1:44 PM Aocounttng Supe-rYi.llor 0... Approved By Sharon Newman Transportation S.rvice, Trana:pOJUtlon Admlnlltration 813J2005 1 :45 PM Norm E. Feder, AICP Tran.portatlotl Dlviaion Administrator 0,"" Approved By Tran.partltion Service' Trlllnllpol1atlon Services Admin, 814120057:39 AM Approved B). Oiwid C. Weigel County Attorrwy Datv Caunty Atlortvty County Attorney OffIce 81241200.5 12'.07" PM Administrative ASlllltant Oat. Approved By OMS Coordlna1or County Manager'. Offlol!! Office of Man.gl!tml!tnt& Budget 8124f2{]05 ':36 PM 0... AIJIJroved By Susan Usher County Manager's Office Senior Management/Budget Annlyst Office of Management & Budget 8/2412005 10:35 PM 0'" Approved By Michael Smykowskl County Manager's Office Management & Budget Dlre-etof Office at Managlltrne-nt 8. Budget 8/2151200510:26 AM County Manager 0... Approved By James V, Mudd Board of County Commisf.loller" County MlIruager'. Of1'lc(8 8127/2005 10:41 AM Agenda Item No. 16K10 September 13, 2005 Page 3 of 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COILIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-5138-CA Petitioner, Parcel No.: 125 vs. G. HERBST, et aI., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, NICHOLAS TSALES and BARBARA A. BURNETT -ROTHENBUlll.ER, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 125, and it appearing to. the Court that the parties are authorized to make such motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, NICHOLAS TSALES and BARBARA A. BURNETT-ROTHENBUHLER, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondents, NICHOLAS TSALES and BARBARA A. BURNEIT-ROTHENBUlll..ER, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty-One Thousand Dollars and No/I00 ($21,000.00) for Parcel 125 as. full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further Agenda Item No. 16K10 September 13, 2005 Paqe 4 of 7 ORDERED that Respondents, NICHOLAS TSALES and BARBARA A. BURNETT- ROTHENBum..ER, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Thousand Seven Hundred Six DoUars No/IOO ($2706.00) for statutory attorney fees pursuant to Section 73.092, F.S., for Parcel 125; it is further ORDERED that the Court reserves jurisdiction to award expert fees and costs incurred in the defense of this case pursuant to Section 73.091, F.S.; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the amount of Thirteen Thousand Five Hundred Dollars and No/tOO ($13,500.00) into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel 125 at which time title to said parcel as described in Exhibit "A" vested in the name of Petitioner; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COlLIER COUNTY, FLORIDA, shall disburse the total amount of Seven Thousand Five Hundred Dollars and No/loo ($7,500.00) to the BRIGHAM MOORE mUST ACCOUNTc/o John W. Little, m, Esquire, 250 South Australian Avenue, Suite 1601, West Palm Beach, Florida 33401 for the balance of full compensation due to Respondents, NICHOLAS TSALES and BARBARA A. BURNETI -ROTHENBUHLER, it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of Two Thousand Seven Hundred Six Dollars No/loo ($2706.00) to JOHN W. LITTLE, III, Esquire, Brigham Moore, UP, 250 South Australian Avenue, Suite 1601, West Palm Beach, Florida 33401 for statutory attorney fees; it is further ORDERED that within thirty (30) days of receipt of the Stipulated Final Judgment entered by the Court, the Clerk shall disburse the total'. amount of Thirteen Thousand Five Hundred Dollars and No/tOO ($13,500.00) to the BRIGHAM MOORE TRUST ACCOUNT c/o John W. Little, ill, Esquire, 250 South Australian Avenue, Suite 1601, West Palm Beach, Florida 33401 for Agenda Item No. 16K1 0 September 13, 2005 '. _ _ _ E.9Be 5 of 7 the benefit of Respondents, NICHOLAS TSALES and BARBARA A. BURNEIT- ROTHENBUHLER, it is further ORDERED that title to Parcel 125, a fee simple easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated May 22, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official Record Book 3178, Page 1223, et seq., of the Public Records of Collier County, Florida be dismissed as to Parcel 125; it is further DONE AND ORDERED in Chambers at Naples, Collier County, Florida this _ day of , 2005. CIRCUIT COURT JUDGE Conformed Copies: Heidi F. Ashton, Esquire John W. Little, III, Esquire E. Glenn Tucker, Esquire Kevin Hendricks, Acquisition Mgrffransp. Bookkeeping Agenda Item No. 16K10 September 13, 2005 Page 6 of 7 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 125. Dated: Dated: (jJ JOHN W. LITTLE, III, ESQUIRE Florida Bar No.: 384798 BRIGHAM MOORE, LLP 250 South Australian Avenue, Suite 1601 West Palm Beach, FL 33401 (561) 832-7862 - Telephone (561) 832-7860 - Facsimile ATTORNEY FOR RESPONDENTS HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 966770 OFFICE OF TIlE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER r Notes: --:" I . 10~ R/W r -IMMOI<.&EE ROAD S.R. 646 ~ :l J40 81 I=UltO w.w..... z:..:Jo 0:::<..... ~Ul . lDl-'" Cl.. .(/) <<to -..JO <om ~:I: . (]JS2o:; o:::Zo < CIl 1. ThIs. Is not a survey. 2. .8asls of bearing Is N/A. 3. Subject to easements, reservatfons and restrIctions of record. DESCRIPTION: The'Northerly 78:36 feet. of the East 125' feet, of the West 660 feet of the Northwest 1/4, of the Northwest 1/4 of the Northeast 1/4, less the North 100 feet, previously dedIcated for State HIghway 1846, SectIon 3D, Township 4-8 South, Range 27 East, Collier County, FlorIda. Containing 0.225 acres more or lesa. SCALE EX~IT -L.. Pegi::.&....DC ...J.l,.;.. FEE SIMPLE INTEREST ~.. o 50-. 100 150 ~ NOT TO SCALE: t' . , Iif DAVID J. Y . P. FOR lliE FlRW) Fl.A. Uc. N . 55304- NOT VAUD lliOUT lliE S1GNAlVRE AND 1HE ORIGINAL RAISED SEAL OF A FlORIDA UCENSED SURVEYOR AND IolN"PER SKETCH AND DESCRIPll0N WILKISON & A.SSOCIA. TES- INC.. ENGINEERS, SURVEYORS ANO PLANNERS. 3!lOll EXCHANGE AVE; NAPLES, Fl.A. 34104 (941) 643-204- FAX NO. (9+1) 843-5173 FlORIDA BUSINESS UCENSE NO. LB5770 SEC SUB W.O. NO. DRAWN BY FlLE NAME AS NOTED 30/46/27 0014.1 FB PO CHECKED BY EAW 00-01 B-OO.DWG Owo. NO. IR-L-125 DATE REVlSEO 4/25/02 10/01 SHEET 1 OF 1 DJH Agenda Item No. 16K10 September 13, 2005 Page 7 of 7 ~I. .J .-- --- EXECUTIVE SUMMARY Agenda Item No. 16K11 September 13, 2005 Page 1 of 6 Recommendation to Approve a Stipulated Final Judgment as to Parcels 178A and 1788 in the Amount of $258,000.00 in the Lawsuit . Styled Collier County v. Roberto Bollt, Successor Trustee of the Land Trust Agreement dated 1/26/86., et aL, Case No.02-2217-CA (ImmokaleeRoadProject No. 60018). (Fiscal Impact: $93,550.00) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment in the amount of $258,000.00 for payment of full compensation for the taking of Parcels 178A and 178B in the lawsuit styled Collier County v. Roberto Bollt, Successor Trustee of the Land Trust Agreement Dated 1126186.~ et al., Case No. 02-2217-CA (Immokalee Road Project No. 60018). Additional cost to the County is $93,550.00 after credit for amount deposited. CONSIDERATIONS: The County acquired the subject property by depositing the sum of $164,600.00 on September 19, 2002. The County and Respondent have negotiated a settlernent of $258,000.00 for full compensation inclusive of attorney's fees and costs. If the settlement is approved, the County is responsible for the following costs: · Additional DepositlDisbursep1ent Amount: . Expert Fees: · Attorney' sF ees: · Clerk's Service Fee: TOTAL: $93,400.00 Included Included 150.00 $ 93,550.00 Attached is the proposed Stipulated Final Judgment. This settlement amount also includes fees and costs for the case of Collier County v. Roberto Bollt, et al., Case No. 00-0142-CA (Randall Boulevardlntersection Improvement Project). FISCAL IMPACT: Funds in the amount of $93,550.00 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will be made fromthe FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment as to Parcels 178A and 178B; and 2. Approve the expenditure of funds as stated. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Item Number: ,..... _""'1: MII.tin g Date: Agenda Item No. '16K11 . September 13, 2005 Page 201 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K11 Recommenda1ion to Apprn...e 8 Stipulated Final Judgment as to Paroel5 178A and 17861n the Amount of $258,000.00 in the lawsuit Styled Collier County v. Roberto 801ft, Successor Trustee of the Ll.!md Trust Agreement dated 1/26/86, et al.. Case No. 02-2217.CA (Immokolee Road Project No. 60018). (Fiscal Impact: $93,550,00) 9/13120059:00,00 AM Oat. Prep. red B" Heldl F. Aahton County Attorney Approved By Eugene Calvert Trllnsporl8tlons Servicftt; A89llJtant County Attorney County Attorney Office 8MOl2005 10:05:26 AM Principal Project Man89f!r Transportation EngjoHrinlJ IlOd Con..Muction ManAgen1fmt Dale 6(1012005 6:01 PM Oat. Approved By Norm E. Fedor, AICP TrBnsportaUon Service.. "rD".portartion DivIsion Admtnlst,ato, Trlllnsportatlon Servk:a Admin. 811212006 7:0'3 AM Dale Approved By Sharon Newman TransportatIon Sitrvlces Aecounting Supt"rvifior Transportation Admlnlstrllllon 8/121'2005 3:58 PM Date Approved B)' Lialil Taylor TUilfuportlilUon SQrvlcea Manl!lgernentfBudge1 Anltlyct TrllnsportmiQn Admlnietr8tion 8/181200511 :39 AM Oat. Approved B)' Kevin Hendricks rranaporhrl.lnn SerVlo8$ Right Of WillY Acquisition Managor Transportation Engi"eer~ng and ConltruQtlon 8/1612005 4:~ PM ON Approved By David C. Wefgel County Attorney County Attorooy COlIntv Attort'lCl'y Orriel!! 8/241200512:10 PM 0"'" Approved By OMS Coordinator County Man.ger's Office AdminlatratlveAulstont Office or Ma".gement & Budget 8124120054;37 PM Approved By Suun Uther County Manager'. Office Senjor Marutgam&ntlBudg.&t Analylit Offlce of Management & Budget 0"'" 8/24/200510:44 PM 0... Approved By Michael Smykowskl County Manager's Offjce Management & 8Udee1 Djr~cttH Office or Mall8goment & BUdget 8/251200510:39 AM 0410 Approved B~' JlllllOlI V. Mudd Board 01 County CommissIoners County Manager County Manager's Office 81271200511:12 AM Agenda Item No. 16K11 September 13, 2005 Page 3 of 6 IN THE CIRCtJ1T comq O:r TilE TWltlYr1ltm Jt1DIaAL ClR.CUlT IN AND FOR COLLIER COUNTY. FLORIDA .COUJER COUNTY, FLORIDA. a PoUtica1 iabdivision of tho state otPlorlda, Petitioner, . Cue No.. OZ--11l1-CA VI. . Pan:e1r. .17lA&178B ROBERTO BOLL T,' Successor Trustee ofthc Land Tmst.Agraemmt ~d 1126/86, . . ~. I . IIIt,ULATED FWAkJUD9MENT THIS CA17SB'havina cOme on upon joint motion for the cnttyof a Final Judgro~t made by Petitioner, COLLlBR COUNTY. FLORIDA. and ReapondeDt, ROBBRTO :8C>ILT. SUcccssO~ Trustee ot the LaJid Trl.1it Agreement dated 1126/86, u the owner of Parcels ..178A 8L 178b, it sppearing to tho Court that tho pattics w=ra authorized to entcc into such motion. and tho Court fiiKting that the corripcmsation to bo paid and other consideration to be ptnvided as sOt fOrth . heteinby PenooJier il1W.1, just and reasonable for all parties concerned. and the Court being1UIly adviled in'the promises. it is thcroforo OanBR.:a:D AND. ADJUDGED that Relpo~cient. R.OBb.TO BOUT, does have and recover of and .from Petitioner tho sum of Two Hundred Fifty Et&ht TkoUJaDd and NollOO DoDan ($2S8,OOO.00) in .full payment ibr the property taken. ~r-~ as Parcels 178A & 178b, . and for all othel' damliCl of any kind and nature, and including aU a.ttomcy fc~s and oxpert fees and costs. TI18 tOtal compensation paid pursuant to this final judgment also constitUtes payment or any " d LZOLSZZl09 'ON!8Z:9( 'lS/Bl:9~ 900a B B (NOW) WOH~ Agenda Item No. 16K11 September 13, 2005 Page 4 of 6 8i1d' all outstancUng .expert feel ai1d costs in another caso in this ciicuit styled, ColUer County v. R.obOrto Bollt, Case No. Oo..014Z-CA (psreell01). OlWBRBD tbatPeti.tioD8I;.COLLIBR. COUNTY, FLORIDA. is entitled to acroditofOD.e Hlllulred Shtj Foar Tko..... Six Badred and No/lOO DoUan (5164.600.00), which was deposited in the Registry of the Court in accordance wi~ the Old~ ofTakingand withdrawn bytheJ .R.espoudent; it is fbrther . . ORDmum thatP~J COI...LIER.CO'UNTY, PI.ORID~ iha11 depo8itthesum af'Ninaty Three Tho..nd POllr audred ...d No/lOO Dollars ($'3.400~OO) infq Ibe RcIistrY offhc Court. . . Res;Pondent sball be re8pODlible tor obtairiing an order for distribution of tho monies deposited into the Registry otthe COurt. or for apportionment, ifneceuiry. No furth.er 8Upplemental.atto~Oy fees or costs ~hall be paid for obtaining slid order; it it fbrther ORDERBD that titlo to ~ 17M & 178B being ~y d.eacribod in Exhibit "'A" Rffacbed hereto ancl i1:rcorporated hemin, which vested in ~e1itiomr, COLLIBR. COUNTY, FLORIDA. ;p~ to the Order ofTa1(ing dated September 5t 2002. aD$l.the deposit of money heretoforemade. is approved, ra~~ and. confimied; it is iurt:hor . ... ORDBRBD tbi.t the Notioo of Lis Penden8 filod in the abovc-styled oa.useand recorded in Official RDcord B~k 3050. Page 1415, of the Public Records of Collier County. Florida be dismissed as to Parcell 178A & 178B; and it is 1Urtber ORDBRBD that this Stipu18.ted Fina11udsmcmt is to be recorded.in tho Official R.ccordJ of Collier County, Florida. d lZOlE~Zl09'ON/~l:9~ 'lS/5l:9l SOOl 8 8 (NOW) WO~:l Agenda Item No. 16K11 September 13, 2005 Page 5 of 6 DONI ANI> OBDBRBD in CJllqJ)berla.t the Collier County CoudholJie, NaplesJ Flod.d.. on t1dJ _ d&yof . zoos. Teel BrouaIeIu ei=Dit COurt!.. CodmD.,d copieltv: . . Heidi Ashton. Bsquiro 18ckr" H..B "MWro . . em, .~~.. Ci1ia B. wmu. Baqub:e H.. 01= TucDr. . Bo~ d aOLSZZlOS'ON/SZ:91'lS/aZ:9t 900Z B 8 (NO~) ~O~d Agenda Item No. 16K11 September 13, '2005 Page 6 of 6 Petitioner. COLI.IBR COUNTY~ mdRespOl1dem, R.OB.BB.TO BOLLT, by and tbroUlh their . L1lIpcetivc OOUDIal, aJQVD .lbr ~ of tho f'orc.lOfac SIipIJIa.tecl PbIaI.ruqmem DA~1hiI~dq~ A"j OUr .2005. II ~~~ ._~~" ,. , "aD ' Ilt......~_ " ~ .....-.. :Pk1ridI.BII'No.143715 ' BriP..~!l.oare. LLP 1780 102ac1.Avea.ue Noph, SUIte 100 at. P~PL 3371'6 Telephoae: (727) 579-9000 ~o:.CJ27) 51N400' ~ f'.ot1ti:spOa4cm "fa,~ l'1oridaBar ' Oa OZS16S6 . PfxeLw.fre" WlUis . 211 s. OIdldaa Stroe~ ,.,.nllh.~ PI. 32301. Nephone: (8S0l6It...l800 PlClimiI= (850) ~ l-P017 AttomtIy 1br Peti~ . . SPI~.osol"l\S4 . . d LGOLBGG~D9'0N/S~:9~ 'lS/6~:9~ SOO~ 8 9 (NOW) WO~d ... -... ., - - - .. - - .-........ -.. -.... -" - -- - - -.. -- - - -. --.. .. ...... -- - - - - . -'.. ,p'-" ...- .- Agenda Item No. 16K12 September 13, 2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve the Mediated Settlement Agreement in the amount of $115,000 for Respondent, Louise V. Taylor, Trustee, u/a/d 9/16/87, Parcel No. 156 in the lawsuit styled Collier County v. Andy R. Morgan, et ai., Case No. 02-5169-CA (Immokalee Road Project 60018). (Fiscal Impact $45,246.20) OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement for payment of full compensation for the taking of Parcel No. 156 in the lawsuit styled Collier County v. Andy R. Morgan, et al., Case No. 02-5169-CA (Immokalee Road Project 60018). CONSIDERATIONS: The County acquired the subject property by depositing the sum of $79,700.00 on May 23,2003. The County's initial written offer was $72,300.00. At mediation the County and Respondent negotiated the proposed settlement of $115,000.00 for full compensation and all expert fees and costs for the taking of Parcel 156. Petitioner agrees to pay Respondent the sum of$9,946.20 as full settlement of any and all claims for attorneys' fees in this case. If the mediated settlement is approved, the County is responsible for the following amounts: · Additional Compensation/Planning & Appraisal fees and costs: · Attorney's Fees *: TOTAL: $35,300.00 $ 9.946.20 $45,246.20 * Attorney's Fees are mandated by s. 73.092, F.S., and are based on 33% of the difference between any settlement amount and the initial offer, i.e., 0.33 X ($102,440 - $72,300). A copy ofthe Mediated Settlement Agreement is attached hereto. FISCAL IMPACT: Funds in the amount of $45,246.20 are available in the FY 2005 adopted budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will be made from the FY 2006 adopted budget. Source of funds are Impact Fees and Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Mediated Settlement Agreement; 2. Authorize entry of a Stipulated Final Judgment based on the terms of the Mediated Settlement Agreement, and authorize payment accordingly; 3. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Item Number: Item 8umrnory: Meeting D_: Agenda Item No. 16K12 September 13, 2005 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K12 Rtmommenda1iun to approve the MediAled Settfemenl Agreement In fhe amount af $115,000 for Respondent Louise V, Taylor, Trustee, Parcel No. 156 in tl1Ell8W1ult styled Collier County v. Andy Morgan, ~t II., Cftse No. 02-5169-CA (Immokaiee Rd Project 60018). (Fis<:ellmpect $45,246.20) 9113,~006 9:00:00 AM Oatlt Approved B~' Norm E, Feder, AICP Transportation Service& Transpol'tlttion Division Administrator Tran.pol1ation Services Admin. 8/24120054:10 PM Kevin Hendricks Dale Approved By Trlnsportatiotl Services Right Of W..y AcquisitIon Manager Transportation Engl"ftrlng and COnlt-r1Jctlon B124'2005 4:40 PM Approved B" Shllron Newmnn Transporllltlon S.rvic;e,a; Accounting Supervisor 0,," 8124120054:56 PM TranspOttDtlon Adrnlnlatratlon 0... Approved By Eugene Calv~rt Transportatiol'l$ Servlcftl5 Prtncipat Project Manag~r Transportation ~ng~neering and Construction Manag4tment B125f200G 7:10AM A..lstant County Attorney Oote 812512005 5:4.5 PM Approved By Ellen T. Chadwell County Attorney COUnty Attorney Off'u Dote Approved By DaWd C. Weigel County Attorney County Attorney County Attorney OffiCI! 8/30/200510:60 AM 0... Approved By OMS Coordinator County Man.r'. Office Approved By Su.o n U .het County Mllnager'lIi Office Adminl.tratl..... Assistant omee of Manllgement & Budget 8/30/200511:02 AM Se-nlor ManaglllmentrBudgllll Analyst Offlc:e at Manag4m1ent & Budget Oote 81'30120052:53 PM 0... ApprDved By MlchMl Smykowskl County Man.ger's Office Management & 800gat Director omce of Management & BUdget 8JJ112005 10~4l AM 0.... Appro\'cd By Ja!Tltf3 V. Mudd BDard of County CommislIionol'5 County Manager County Manager's Office- 8/3112005 2:56 PM Agenda Item No. 16K 12 September 13, 2005 Page 3 of 9 IN THE CIRCUIT COURT OF TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COILIER COUNTY, FLORIDA, a Political subdivision of the State of Florida, CASE NO.: 02-S169-CA Petitioner, PARCEL NO.: 156rraylor v. ANDY R MORGAN, et al., Respondents. I MEDIATED SETILEMENT AGRF.FMENT At a Mediation Conference held on August 18, 2005, the parties reached the following Settlement Agreement: 1. Petitioner will pay Respondent(s), Lou Is€" ~ Jar lor . a~ '11u~ nf-dte,. I- i ~ r I- -'.A'" CA Ja 9 "' the sum of 1/ 00. ~ in full settlement of any and all claims for compensation from Petitioner whatsoever, including statutory int~ ll\lt sekKItBg .tttv...u"'J '~ M~, c.x.pcrts' fees ;47,:;-:-~J,e;J/:f.t:/::~~~::;::JtJ7eb~* f.l'/TfT~I,p~ 7" .ms, C05IL- . 2. Petitioner is entitled to a credit in the amount of " 7~ 71)0. o~m which was previously deposited in the Registry of the Court in this case by Petitioner. 3. CounselforPetitionerandRespondent(s)willjointlysubmit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. 4. Petitioner will pay Respondent(s) the balance due of J "15: a.LI'. ~oj{)() within thirty (30) days of the entry of the Stipulated Final Judgment by the Court. Pa~ 1 of 6 Agenda Item No. 16K12 September 13, 2005 Page 4 of 9 S. TIle Cew:t ~:JiU ~;J!l jliriS&f.Mi8:aBereitl as te t:ke matk-l vfR.G3l'esSeat!.s 9t1;orn...y'r Res, 'i"'y-tB' fees, and ee.~ 5: f. Attached hereto is an Addendum to the Agreement / Yes No 6. ,. This Agreement and the attached addendum, if any, contain( s) all of the agreements of the ,arties. ~J<- l/. Respondent ~ A~.~ Attorney for Petitioner ~.~ M ator 'Pap-~ot 3 Agenda Item No. 16K12 September 13, 2005 Page 5 of 9 ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: /. l1zis ~~~ /5 5~1v 'J??ll'yaJ Pi 7'lt2-8xLd of ~ady aMIHI~~/b/f;?~ tJf (;f/;~;- 0itJ1/75 ~,;da "J<: Respondent P oner J~.~ ff~ ;fpt~ f~3~-f3 ,.....- Agenda Item No. 16K12 September 13, 2005 Page 6 of 9 IN THE CIRCUIT COURT OF THE TWENTmTH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No.: 02-S169-CA v. Parcel No.: 156 ANDY R. MORGAN. ct al., Respondents. / STIPULATED FINAL JUDGMENT nus CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by' and through its undersigned counsel, and Respondent, WUISE V. TAYLOR. AS TRUSTEE OF TIlE LOUISE V. TAYLOR LIVING TRUST U/AID 9/16/87, (hereinafter "TAYLOR") by and through her undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 156, and it appearing to the Court that the parties are authorized to make such Motion., the Court finding that the compensation to be paid by Petitioner is the full compensation due to TAYLOR and the Court being otherwise fully advised in the premises thereof. it is thereupon ORDERED AND ADJUDGED that TAYLOR have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of ODe Hundred FIfteen Thousand and No/lOO DoUars ($115,000.00) for Parcel No. 156 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said)!JItt'Cel, expert witness fees and all defense costs; it is further Agenda Item No. 16K12 September 13, 2005 Page 7 of 9 ORDERED that Petitioner will be entitlod to a credit for the good faith estimate of value previously deposited in the amount of $79,700.00; it is further ORDERED that TAYLOR shall receive pursuant to Florida Statutes ~73.092(1), as a reasonable attomey~s fee, the sum of Nine Thousand Nine Hundred Forty-8ix and 201100 DoDan (59,946.20). Except as provided hcre~ no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 156; it is further ORDERED that, within thirty (30) days of entry of this order, Petitioner shall pay T AYLOR the total amount of Forty Five Tbousand Two Hundred Forty-siX ad 2oilOo Dollan (545,246.20) made payable to Roetzel & Andress Trust Account, c/o Kenneth A Jon~ Esq'J Roetzel & Andress, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-2904, for proper disbursement; it is further ORDERED that title to Parcel No. 156, a fee. simple, being fully described in Exhibit "An attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, pursuant to the Order of Taking dated May 13, 2003, and the deposit of money heretofore made, is approved~ ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the aboveMstyled cause and recorded in Official Reoord.Book 3178~ Page.2225 ofthe.Public R.ecordaofCollier County, be dismissed as to Parcel No. 156; it is further ORDERED that pursuant to Section 74.051(3), F.S.. the Clerk of Courts shall disburse the sum of $ . interest earned on the funds on deposit, to Collier County Board of County Commissioners, clo Ellen T. Chadwell, Assistant County Attorney, Office of the County Attomey~ 3301 East Tamiami Trail, Naples, FL 34112. less any sums retained by the Clerk of Courts up to 100,10 in accordance with Section 28.33. F.S.; it is further 2 Agenda Item No. 16K12 September 13. 2005 Page 8 of 9 ORDERED that the terms of Mediated Settlement Agreement entered into by the parties on August 18, 2005, are incorporated herein and made a part hereof; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida. this day of . .2005. JUDGE TED BROUSSEAU ... CIRCUIT COURT JUDGE Confonned copies to: Ellen T. Chadwell, Esquire Kenneth A. Jones, Esquire Corneast Cablevision of the South, Inc., a Colorado Corp. E. Glenn Tucker, Esquire Bookkeeping JOINT MOTION FOR STIPULATED FINAL ~MENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Fina11udgment as to Parcel 156. Dated: . JONES, ESQUIRE 0.200158 ROET ANDRESS 2320 1 Street, Suite 1000 Fort Myers, FL 33901-2904 239/338-4206 239/337-0970 ATTORNEY FOR RESPONDENT LOUISE V. TAYLOR, AS TRUSTEE, U/AID 9/16/87 ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 COUNfY A TIORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 239/774-8400 - Telephone 239/774-0225 - Facsimile ATTORNEY FOR PETITIONER COLLIER COUNTY 3 EX o,16K12 r13, 2005 I -17 age 9 of 9 l" N ....:.,1".:.":": FEE SIMPLE INTEREST i. " '. ,-' ~ 0 50 100 150 ~ "'! .- "" " ~ Notes: .0 ' i .... 1. this is not a survey. en r ,I g ,2. 89Sfs of bearing' [s plot. l/) I 3. Subject to easements, reservations and restrictions of i record. l 4. All, dimensIons are plat unless I otherwIse noted, ' . "'::,. 5. U.E. Represents UtilIty I Easement. \ , , "Description: .- " ,Thll 'Northerly '323.89 feet of Tract 9, Golden Gate, Estates, UnIt 20, all Recorded In Plat Book 7, Page BO, of the Public Records of. Collier County, Florida. Containing 2.457 acres, more or less, .., AVlO J. H , FLA. 'ue. NO. S NOT VAUO WITHOuT 'THE S1GNAlURE AND THE ORIGINAL RAISED SE~L 01" A FLORIDA UCENSED SURVEYOR AND MAPPER \ SKETCH AND DESCRIPTlON . 'i I , WILKISON &: I ASSOCI TES' , NC.- \ ENGINEERS, SURVEYORS AND PLANNERS 3505 EXCHANGE AVE. NAPLES. F'lA. 341 04 I (941) 643-2404 FAX NO.. (941) 643-5173 " FLORIDA BUSINESS UCENSE NO. ~70. , SCALE SEe SUB w.o. NO. DRAWN BY FILE NAME REVISED 2/11/02 DAlE 10/01 · GGE 20 001 4.1 EAW OD-D18-000..DWG \ SHEET F"B PG CHEC1<ED BY OWG. NO. I I i 1 OF 1 DJH 'IR-L-156 \. .J , AS NOTED ,...,,:". Agenda Item No. 16K 13 September 13, 2005 Page 1 of 20 --- EXECUTIVE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE COLLIER COUNTY TO EXECUTE A "PARTIAL TERMINATION OF EASEMENT" AND A "RELEASE OF EASEMENT RIGHTS" THAT ARE OF NO USE TO THE COUNTY OR TO THE COLLIER COUNTY WATER-SEWER DISTRICT, BUT ENCUMBER PARTNERSHIP PROPERTY TO THE EAST AND SOUTHEAST OBJECTIVE: That the Board authorize Collier County to release a portion of a limited purpose pedestrian and vehicular easement in land, and to authorize the County to release its interests in a promise from the adjoining landowner whereby that landowner agreed to create, if needed, an easement for a possible water pipe to transport irrigation water from Orange Tree Utility's wastewater plant to supply irrigation water to County owned land (north and south of the east-west canal). - CONSIDERATIONS: The owner of land ("The Partnership Property") situate east and southeast of 9.924 acres of land owned by Collier County has requested that the County release (1) a portion of a private road access easement, and (2) release a landowner's promise that runs with the Partnership Property. The easement and the promise encumber the Partnership Property, but neither the easement nor the promise has any present or future use to the County or to the County's Water-Sewer District (CCWSD). Partial Termination of Easement. A graphic showing the relevant parcels of land is attached (titled "Graphic for Executive Summary"). The non-public access road easement is recorded at O. R. Book 2895, Book 2082, public records of Collier County. The portion requested to be released includes the portion on the Coonty's 206.27 acres (north of the east-west canal) described in the graphic as "Phase 1 - Parcel 1" and "Phase 2 - Parcel 2", and to the extent the Easement might run generally easterly from the County's 9.924 acres (south of the canal). That Easement's uses are limited to vehicular/pedestrian access to adjacent land (to the east) for citrus grove care-taking and harvesting equipment and vehicles, and authorizes construction of a non-public road. Neither the County nor the CCWSD need any part of the easement requested to be released because the Partnership Property will be developed, including adequate access roads to the Partnership Property. --- Release of Easement Rights. The CCWSD will never need an easement to be created on the Partnership Property (to the east and/or southeast of the County's 9.924 acres and/or from the County's 206.27 acres, to allow Orange Tree Utility to transport irrigation water (by future irrigation water facilities in the ground) from its wastewater plant to the County's land. If the County's land should need irrigation water, that water can be supplied from the CCWSD's wastewater plant yet to be constructed on the County's 206.27 acres. Agenda Item No. 16K 13 September 13, 2005 Page 2 of 20 FISCAL IMPACT: This Partial Termination of Easement and the Release of Easement Rights will have no fiscal impact on the County or the CCWSD. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with approval of this Executive Summary. RECOMMENDATION: That, by approval of this Executive Summary, the Board authorize Chairman Coyle to execute the attached "Partial Termination of Easement" and the attached "Release of Easement Rights" because neither Collier County nor the Collier County Water-Sewer District have any present or future need for any portion of the non-public road access easement to be released by these documents, nor any present or future need of the landowner's promise to grant an irrigation water facilities easement on the Partnership Property to supply irrigation water to the County's 9.924 acres (south of the canal) or to the County 206.27 acres (north of the canal). PREPARED BY: Thomas C, Palmer, Assistant County Attorney Item Number: Item 8ummlry: Mooting om: Agenda Item No. 16K13 September 13, 2005 Page 3 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K1$ R~que&t that the Board of County Commiujrmertl Au1horize CoWer Coun1y to EJret'Ute a "Partial Termination of Easemen1" and a "Releau of Easement Rights" that are ot no UIe to the County or to the Collier County Water-Sewer DIstrict, bu1 ~ncllmber partnership property to the East and Southeast. 911,120059:00:00 AM Date Approved B)' Thomas Palmer County Attomwy Approved By Thomas Widels Public Utllltlet Alel.hlnt. County Attorney County Attomey Office 8/26(200512:4,') PM Openltioml Oire.c:tor Date Publ~c Utmtllul Opmrlltionlt 8125120054:06 PM 0... Approved By Toni A. Mott Admin~'&tratlvt' Service. Rwal Property SupMViaor Facilities M.ana9(!r\'1Gflt 81301200611 :10 A.M Oavld C. Weigel Oat. Approved By County Attorney Coun1y AttotlWY County Attorney Office 8/3012006 11 ;.31 AM Approved By OMS Coordinlltor County Manager's Office Admlnictrathl'e Assiatam Date Office of M.anagemant & Budge1 Bf30{200512:46 PM Mlchll&l Smylo.owlJki D:,l;te Allproved By County ManllgfJr'i11 OffiClII Management & Budget Director OfflCl!l of M.lla~rJ1Qn1 & Budgot 916/2005 5:05 P'M Approved B)o' James V. Mudd Board Df CClunty Commtl-Slonlllr8 County M.n./lger Date County Manager's Office 916/2005 5:41 PM 1: I.... J - z ~. II 'I I! i ~ ~ ::g ~'8 '< ~. ~ ..." .... 'tl ~. ., rt tI () 11 II tr' ~ 'l:I '" g ID ~ '< Agenda Item No. 16K13 September 13, 2005 Page 4 of 20 wr L1.~ IflITI~ 141 .. ..... . ... ;;;\; c .. "'''' ... IAN . . I j'-. "ft i w I la .. .... ".,. .... / ~ i ;: -'" :1>.. t"'11 ....rt tI o It "'11 III. "'tr' tr' ...----~--------------r- 1lI'tl -------- III . It :f . !l5J4 ACIlr. .,. ~ ~o ~. . -'tl It 11 rt '< " lOT LI.r., . ::f1 ~"t r :!.....~"!"...... i!~ I ~ ~i :; ~. II ~ .fi ~ ..1:::1 II. "GRAPHIC" FOR EXECUTIVE SUMMARY = .. ~ i~ !" ~H1 fi x- I ;. a i .., ii! .. . -,.. i :ft :: ;: . III I : 2_ ! ij = /II · .. = . ... I II ~ .... ... .. ~ ~~ I ~... , , !l -;! I:~ i :-'i ~Il i :o~ .., Ie c. Il ;; i !! .. r w I _.. aATr UIATD ...n It ,..: T. N. 14 I '" .- :i ~ ! i Agenda Item No. 16K13 September 13, 2005 Page 5 of 20 .. THIS INSTRUMENT WAS J1lillPARIID BY AND SHOULD BE RR'I'URNEDTO: M. DAVlOALEXANDBR,n.qullll PE'I'ElUiON &< MYERS, P.A. P.O. DRAWER 761111 WINTER HAVEN, PL 338113-7608 -------------------------.....------.-~bove Space lteservedfor~lerk----------------------------- PARTIAL TERMINATION OF EASEMENT This Partial Termination of Easement Agreement is executed by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRCT (the "County''), whose mailing address is 3301 Tamiami Trail East, Naples. FL., 34112, and by THE BRYAN W. PAUL FAMILY LIMITED PARTNERSHIP, a Florida Limited Partnership (the "Partnership"), whose mailing address is Post Office Box 2357, LaBelle, FL., 33935. For good and valuable consideration, sufficiency and receipt of which is acknowledged, the County and the Partnership hereby agree: 1. The County and the Partnership are successor owners of parcels of land that are burdened and benefited by the Access Easement ~greement (the "Easement") recorded in OR Book 2895, Page 2082, Public Records of Collier County, Florida, The County's ownership of its burdened property and a portion of the benefited property is evidenced by three (3) Deeds recorded in OR Book 3328, Pages 2422, 2425, and 2428 in the Public Records of Collier County, Florida. The Partnership's ownership of the balance of the land that is burdened and benefited by the Easement is evidenced by the Deed recorded in OR Book 3098, Page 3328 of the Public Records of Collier County, Florida. The Partnership's land is encumbered by a mortgage to The Travelers Insurance Company, recorded in OR Book 2749, Page 1628 of the Public Records of Collier County, Florida. That mortgage is to be extinguished by payment in full. No County property is encumbered by that mortgage. The conveyances to the County as evidenced by the three (3) Deeds referred hereinabove eliminated any need for the County to retain any interest in allY portion of the Easement hereby being tenninated by the County. 2. The County hereby quitclaims, relinquishes, releases, and forever terminates all of its interests in and to that portion of the subject Easement that exists on (a) the County's 206.27 acres (north of the canal that runs east-west and is located south of and contiguous with the Phase 1 properties described herein) described as Phase 1 - Parcel 1 and Phase 1 - Parcel 2; and (b) on the County's 9.924 acres (south of the canal), and (c) to the extent that said Easement may exist on any land that is owned by Partnership and situate south of the canal, including the parcel described as Reservoir 2B-R (97.12 acres), the parcel 1 Agenda Item No. 16K13 September 13, 2005 Page 6 of 20 described as Phase 2 - Parcell (231.55 acres), and the parcel described as Phase 2 _ Parce12 (124.82 acres). All of these parcels ofland and the canal are shown on Exhibit "An attached. The County's 9.924 acres are described in the Deed recorded at OR Book 3328, page 2428, Public Records of Collier County, Florida. The County's 206.27 acres are described in the Deeds recorded at OR Book 3328, pages 2422 and 2425, Public Records of Collier County, Florida. Reservoir 2B-R, Phase 2 - Parcell, and Phase 2 - Parcel 2 are described in Exhibit "B" attached. This Partial Termination of Easement does not affect any portion of any easement that exists over/across the east-west canal between the County's 9.924 acres and the County's Phase 1 - Parcel I (106.01 acres north of the canal) and/or to any easement over any land lying west of the west boundary of the County's Phase 1 - Parcel (north of the canal). 3. The Partnership hereby accepts the County's Partial Termination of Easement. DATED this day of . 2005. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT ATIEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BY: FRED W. COYLE, CHAIRMAN WITNESSES AS TO PARTNERSHIP: THE BRYAN W. PAUL FAMILY LIMITED PARTNERSHIP First Witness Printed Name of First Witness Second Witness Printed Name of Second Witness BY: Bryan W. Paul, as its: Approved as to Form and Legal Sufficiency: BY:1tf Thomas C. Palmer, Assistant County Attorney -END- 2 Agenda Item No. 16K 13 September 13, 2005 Page 7 of 20 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE REnJRNED TO: M. DA VlD ALEXANDER PETERSON & MYERS, P.A. P.O. DRAWER 7608 WINTER HAVEN, FL 33883-7608 ------------------------------------- Above Space Reserved for Clerk ----------------------------- RELEASE OF EASEMENT RIGHTS This Release is executed on the day of ,2005, by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (the "County") whose mailing address is 3301 Tamiami Trail East, Naples, FL., 34112. 1. The County owns the 9.924 acres of real property described in Exhibit "A" attached hereto. The Deed evidencing the County's ownership of the 9.924 acres is recorded in O.R. Book 3328, Page 2428, Public Records of Collier County, Florida. The County also owns the 206.27 acres of real property described in Exhibit "B". The deeds evidencing the County's ownership of the 206.27 acres are recorded on O.R. Book 3328, at Pages 2422 and 2425, Public Records of Collier County, Florida. The 9.924 acres described in Exhibit "A" are depicted in Exhibit "c" as the "9.924 acre parcel". The 206.27 acres described in Exhibit "B" are depicted in Exhibit "c" as "Phase I - Parcell" and "Phase I - Parcel 2". Exhibit "c" is attached for illustration purposes only, and is not a "to scale" drawing. 2. In an Agreement dated May 7, 1990, recorded in O.R. Book 1534, Page 1496, Public Records of Collier County, Florida (the "1990 Agreement") a prior owner of the County's 9.924 acre parcel of land was granted certain water use and surface water rights as well as the option to purchase irrigation water from the Orange Tree Utility Company. The Orange Tree Utility Company site is depicted in Exhibit "C" as the "Orange Tree Utility Site". 3. In an Agreement dated January 5, 1988, recorded in O.R. Book 1322, Page 1882, Public Records of Collier County, Florida (the "1998 Agreement") a prior owner of the County's 206.27 acre parcel of land was granted certain water use and surface water rights as well as the option to purchase irrigation water from the Orange Tree Utility Company. In this Release all of the rights granted to the prior owners of the County's 9.924 acre parcel by the 1990 Agreement and all of the rights granted to the prior owners of the County's 206.27 acre parcel by the 1988 Agreement are referred to as the "Rights". The County is a successor in interest to the Rights by virtue of its ownership of the 9.924 acres described in Exhibit "A" and the 206.27 acres described in Exhibit "B". 1 Agenda Item No. 16K 13 September 13, 2005 Page 8 of 20 4. Paragraph 4 of the 1990 Agreement and paragraph 5 of the 1998 Agreement read in most relevant part: "In the event Buyer exercises its right to purchase effluent pursuant to this paragraph, Seller shall provide Buyer with such easement rights over the Orange Tree Property as are reasonably necessary in Order to install and maintain pipes, pumps and appurtenant facilities to directly transport the effluent from the sewer treatment plant serving the Orange Tree Property to the boundary of the Property. " 5. In the text quoted above, the "Buyer" is a reference to a prior owner of the County's 9.924 acres and a prior owner of the County's 206.27 acres. The term "Orange Tree Property" refers to several parcels of real property including the real property described in Exhibit "D", and the term "to the boundary of the Property" refers to land that includes the County's 9.924 and 206.27 acre parcels. The real property described in Exhibit "D" (the "Partnership Property") lies east and southeast of the County's 9.924 acres and south and southeast of the County's 206.27 acres and is owned by a Florida Limited Partnership known as "The Bryan W. Paul Family Limited Partnership" - (the "Partnership"). The Partnership Property is depicted in Exhibit "C" as the "Partnership Property" . 6. The Partnership has asked the County to relinquish all Rights the County may have by virtue of the above-referenced 1990 and 1988 Agreements, namely "Rights" to install and maintain pipe(s), pump(s), and/or appurtenant facility, or facilities, on and/or under the Partnership Property to transport irrigation water from the Orange Tree Utility Company's wastewater treatment plant (serving the Orange Tree Property) to any geographic boundary of the County's 9.924 acres and 206.27 acres. The County agrees with that request and therefore by this document the County does quitclaim and relinquish all of those "Rights," which were acquired by the County's purchase of the 9.924 acres in conjunction with the operation of the May 7, 1990 Agreement and by the County's purchase of the 206.27 acres in conjunction with the January 5, 1988 Agreement, as those Rights may now exist on the Partnership Property, running from the Orange Tree wastewater plant to any geographic boundary of the County's 9.924 acres and to any geographic boundary of the County's 206.27 acres. 7. The County hereby quitclaims, relinquishes, releases, and forever terminates any and all such Rights, privileges and/or authority granted to or otherwise vested in the County by the 1990 Agreement and the 1998 Agreement, namely to request and/or cause any pipe(s), pump(s), and/or any appurtenant utility facility, or utility facilities, to be installed on and/or under any portion of the Partnership Property for any purpose, including for the transport irrigation water from Orange Tree Utility Company's wastewater treatment plant to any boundary of the County's 9.924 acre parcel described in Exhibit "A" and to any boundary of the County's 206.27 acre parcel described in Exhibit "B". 2 Agenda Item No. 16K13 September 13, 2005 Page 9 of 20 8. The County hereby warrants that it has never exercised any such Rights granted to it by either the 1990 Agreement or the 1988 Agreement. 9. This Release shall be binding on all subsequent owners of any and all parts of the County's 9.924 acres of real property described in Exhibit "A" and the County's 206.27 acres of real property described in Exhibit "B". ATfEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY W A TER- SEWER DISTRICT By: Deputy Clerk BY: FRED W. COYLE, CHAIRMAN Approved as to Form and Legal Sufficiency: By: ~ ?J~ Thomas . Palmer, ASSistant County Attorney - END- 3 - ~ Ii 1..- J .AIU# r ...... Agenda Item No. 16K13 September 13, 2005 . Page 10 of 20 z c 0 :;'1'1. :::~ ~1I m>i ..." ITn II Q I:AIT U. IOflM 14 ... ...... :..& "'c "'''' =.. "'= . I ..,a. ft i ;: f .....-. PIMK .a. I'ARCB. 2 ci*TAlMtMO ~r ACRES ./- . 1m u., ,. n'.~...." llllUlD 'AlI glAW '-II 14 '..:7. H. .. J ~ . - ~ " '-'EX~BI~ nAn TO PARTIAL TERMINATION OF EASEMENT ~ ...... :- i~ ...... ~... "'- I &, a .... i - . il ~ i . Jl : 2_ E I ~ i .. :: ~ . ... . I~i . .1 ~ . ~, ~" -.. .... .. .. ~ .. II p; .. ~, ~ Ii ..... !E ;0.... .- ;;;, .. ... 8~ . III N'" "N 6 t2 .. ... . ~ "'i . g .. i. i ~ w ,I :i I e i (" Agenda Item No, 16K13 September 13, 2005 Page 11 of 20 EXHIBIT "Bn TO PARTIAL TERMINATION OF EASEMENT Phase 2~ Parcell All that part of Section 13, ~ownship 48 South, Range 27 East, Collier County, Florida, being More particularly described a. :followl7 "Collllllencinv at. the southe.st corner of sald Section 13; thence along the.southeast 1/4 line of said Section 13 and the centerline of State Road S-8S8 (011 Well Road) North 88'-51'-2~" West,: 2.02 fe.t; thence leaving .aid centerline North 01"-08'-35" East 50.00 feet to the north right-ot-way line of State Road S-SSS (011 Well Ro.~l, thence along .aid north right-at-way 11ne North 88'-51'-25' West 1310,47 feet to the POINT OF BEGINNING of the parcel herein described; thence continue along said north right-at-way line North 88"-51'-25' W.st 1367.52 feet; thence continue along said right-of-way line North 8So-05'-S6" , West 1051.57 feet to the east line of a 150 foot north-south 'drainage ease.ent, . thence along ..id east line North 010-49'-15" East 4173.9J feet ~ to the south line of a 150 foot canal ma1ntenance easement, . 'thence alono said south line South 880-08'-24- East 2419.00 ., feet; . . 'thence leaving said south line South 010-49'-15" West 515".55 teet to the Point of Beginning ot the parcel herein deBcrib~d, subject to eas.ments and restrictions of record, bearings are assumed and based on the southe.st 1/4 line of said Section 13, Township 48 South, Range 27 Eaat, being North 88--51'-25' West, Phase 2~ Parcel 2 All that part of Section 13, ~own.hip ~8 South, Range 27 E.st, Collier County, Florida, being more particularly described .. ~~;;~~:tng at the southe.st corn.r of said Section 13r . thence along the southe.st 1/4 lIne of laid sectionh1388!n~1~h;5" centerline of State Road 5-858 (Oil Well Road) Hert -- West 2.02 teetr , 8 ... B t SO 00 feet to thence leaving .aid centerline North 01 -0 '-~~ a. . the POINT OF BEGINNING of the parcel h~reln describedr thence along the north right-of-way line of .ald State Road 5-858 North 88"-51'-25" W.st 1310.47 feet, thence leaving said right-of-way line North 01"-49'-15" East 4157.55 feet to the south line of a 150 foot canal maintenance easement, " . 4. E t 1310 37 thence along saId south line South S8 -08'-2 as . feet to the west line of. the north Golden Gate Canal, t thence along .aid west 'line South 010-49'-15. W.et 4141.15 ..t to the point of Beginning of the parcel herein describedJ 8ubi8Ct to eas.merit, and restriction. of record, bearin9s are a..wmed tn,-bas.d on the southea.t 1/4 line of saId Section 13, Town.hip 48 South, Ran;e 27 Eaat, being Marth 88"-51'-25" W..t, Page 1 of 2 pages , t",. Agenda Item No. 16K 13 September 13. 2005 Page 12 of 20 (Reservoir 2E-R) Description of part of Section 13 and 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commencing at the southeast corner of said Section.13; thence along the southeast 1/4 line of said Section 13 and the centerline of State Road 5-858 (Oil Well Road) North 880S1'2S~ West 2.02 feet; thence leaving said centerline North 01008'35" East 50.00 feet; thence along the North right-of-way line of said State Road.S-858 North 88051'25" West 2677.99 feet; thence continue along said right-' of-way line North 88005'56" West 1201.57 feet; thence leaving said right-of-way line North 01049'15" East 2353 feet to the POINT OF BEGINNING of the parcel herein described: thence North 88008'24" West 1464.17 feet to the East line of said Section 14; thence continue North 88008'24" West 1018.25 feet; """thence North OP49'lS" East 1427.53 feet to the South line of a 150 foot canal maintenance easement as recorded in O.R. Book 1322, page 1903, Collier County, P~blic Records, Collier County, as'. a:IIlend"ed ithence' along said line North. 76051'16" East 1063.40 feet to the East line of said Section 14; thence continue North 76051'16" East 452.42 feet; thence South 88008'24" East 1018;02 feet; thence South OP 49'15" West 1820.00 feet to the Pbint"of Beginning of the parcel herein described. Page 2 of 2 pages Agenda Item No. 16K13 September 13, 2005 Page 13 of 20 SI(E1"CH OF DESCRIPTION..c.a, .___...__.._ . .. --'-"NJ!(50ANEn ....:.-:.- - ..-....--. NOT-kSURYRY I'EO,'f. TWP. (I B.. . ......... "'-. " EXHIBIT nA" TO RELEASE OF EASEMENT RIGHTS I I C/J '\ . , ;; .. .. ~ ~1 ! ~ :t ".. , , .' '\ B 0"0"4'1: 31U8' lEGAL DESCnJPTlON """",,EHce ^' 1I1e ""'11I1e.8 I COIJHm OF '.e,1ON II. '0WI'8mp .. BOIJII.~ IlAH.E " .....T. eOLUEn COlJIny. PLon",,,, 11....,E .......tr W ^tON. 11 Ie -1I1-8OU1ll OO'I"E. 8E.CTION UN. ..,.... FEn: lI""'E . ......... W '003.... F.n 10 111. POll/lOP 8_, 1I1EHc1i DON",.,. 8 ....,.,.. W 322.12 FElT, II IE,,,,. . 0" '0:'" W ....... PEE', n IEHcI; 9 118"08'2,(" E:I I U8 FEET; lIIENCE H 01'''''11I" E 1(21.83 FEEno THE POINT OF tlEQINNJNQ, CONTAINING U2( AcnE8 MonE on lESS. ",' ~ /.-' ... .~ _. Agenda Item No. 16K13 ' . September 13, 2005' Page 14 of 20 EXHIBIT liB II TO RELEASE OF EASEMENT RIGI-frS' DESCRIPTION PART OF SECTIONS 11, 12, 13 AND 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST. COLLlER COUNTY, FlORIDA . All THAT PART OF SECTIONS 1" 12, 13 AND 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST AND PART OF SECTIONS 7 AND 10, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COWER. COUNTY, FLORIDA, BEING MORE PART1CUlARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE ALONG THE NORTH LINE OF SAID S~CTI0N14, SOUTH 88010'340 EAST 50.01 FEET TO THE EAST RIGHT OF WAY LINE OF S-846 (IMMOKALEE ROAD); THENCE AL.ONG SAID RIGHT OF WAY UNE NORTli 01053'16" 'EAST 269.20 FEET TO THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT THEREOF AS RECORDED IN P~B. 7, PAGE 81, PUBLIC RECORDS OF COWER COUNTY, FLORIDA: THENCE ALONG SAID SOUTH UNE SOUTH 8s008'24- EAST 3151.50 FEET TO THE POINT- OF BEGINNING OF niE .pARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID SOUTH UNE OF UNIT 59 SOUTH 88"08'24- EAST 2142.74 FEET TO THE EAST UNE OF SAlD SECTION 11; THENCE ALONG THE SOUTH LINE OF SAIO UNIT 59 AND THE SOUTH UNE OF GOLDEN GATE ESTATES UNIT60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE ~, PUBLIC RECORDS OF COWER COUNTY, .FLORIDA SOUTH 88"08'24- EAST 2600.14 FEET; THENCE SOUTH 0'051'36" WEST 764.99 FEET; THENCE NORTH 88"08'24- WEST 167651 FEET; THENCE SOUTH 01051'36" WEST 450.00 FEET; THENCE NORTH 88008'240 WEST 511;83 FEET; THENCE SOUTH 76051'16- WEST 431.02 FEET TO THE EAST LINE OF SAID SECTION 14; THENCE SOUTli 76051'160 WesT 2214.66 FEET; THENCE NORm 01053'16" EAST 1632.79 FEET TO THE NORTH UNE OF SAID SECTION 14; 11-IENCE NORTH 01053'16" EAST 267.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL, HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; CONTAINING 135.06 ACRES OF LAND MORE OR LESS. - AND PART OF SECTIONS 12 AND 13, TOWNSHlP 4B SOUTH, RANGE 27 EAST, COLUER COUNTY, FLORIDA, BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE ALONG THE NORTH UNE OF SAID SECTION 14, SOUTH 88010'34" EAST 50.01 FEET TO THE EAST RIGHT OF WAY UNE OF 5-846 (IMMOKALEE ROAD); THENCE ALONG SAID RIGHT OF WAY LINE NORTH 01053'1Er EAST 289.20 FEET TO THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO TJ-tE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 61, PUBUC RECORDS OF OOLUER COUNTY, FLORlDAj THENCE ALONG SAID SOUTH LINE SOUTH fW08'Z4- EAST 3151.50 FEET; THENCE CONTINUE AlONG SAID SOUTH LINE OF UNIT 59 SOUTH 88008'24- EAST 2142.74 FEET TO THE EAST LINE OF SAID SECTION 11; THENCE ALONG THE SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN GATE ESTATES UNIT 60 ACCORDING TO THE PlAT THEREOF AS RECORDED IN P.B. 7, PAGE '62, PUBUC RECORDS OF COLLIER COUNTY, FLORIDA SOUTH e8008'24" EAST 2600.14 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE SOUTH 8S00S'24" EAST 589.74 FEET; THENCE SOUTH 01051'36- WEST 1214.99 FEET; THENCE NORTH 88008'24- WEST 96.25 FEET; THENCE NORTH 01051'38" EAST 450.00 FEETjTHENCE NORTH 88-08'24- WEST 473.49 FEETj THENCE NORTH 01051'36- EAST 764.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJt;CT TO EASEMENrS AND RESTRICTIONS OF RECORD; CONTArNING 11.00 ACRES OF LAND MORE OR LESS. . PAGE 1 OF 2 ; i I I I . l I , /~ . - ~~. - t .__ . J ..... AND ALL THAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE Z1 EAST AND PART OF SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTJCULARL Y DESCRIBED ASFOU.OWS: COMMENCING AT THE NORTHWEST CORNER OF SAIO SECTION 14: THENCE ALONG THE NORTH LINE OF SAlD SECTION 14, SOUTH 88"10'34" eAST 50.01 FEET TO THE EAST RIGHT OF WAY UNE OF S-846 (IMMOKALEE ROAD)i niENCE . ALONG SAID RIGHT OF WAY LINE NORTH 01"53'16" EAST 269.20 FEET TO THE SOUTH UNE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT THEREOF AS RECORDED IN F.B. 7, PAGE 61, PUBLIC RECORDS OF COlliER COUNTY, FLORIDA: THENCE ALONG SAID SOUTH LINE SOUTH 88"08'24. EAST 5294.24 FEeT TO THE EAST UNE OF SAID SECTION 11; THENCE ALONG THE SOUTH UNE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SOUTH 88"08'24" EAST 3169.B8FEeT TO THE POINT OF BEGINNING OF THE PARCEL HEREI~ DESCRIBED; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 88"08'24" EAST2:t58.49 FEET .TO THE EAST UNE OF SAID SECTION 12; THENCE CONTINUE AlONG THE SOUTH LINE OF SAID UNIT 60 SOUTH 88"08'24" EAST 1.65 FEET TO THE WEST LINE OF NOATH GOLDEN GATE CANAL RIGHT OF WA Yi THENCE ALONG SAID WEST CANAL RIGHT OF WAY LINE SOUTH 01"49'15" WEST 262.51 FEET TO THE SOUTH LINE OF SAID SECTION 7; THENCE CONTINUe ALONG SAID WEST CANAL RIGHT OF WAY UNE SOUTH 01"49'15" WEST 952.49 FEET; THENCE NORTH 00"08'24" WEST 0.72 FEET TO THE weST LINE OF SAID SECTION 1 a; THENCE NORTH 88"08'24" WEST 2158.25 FEET; THENCE NORTH 01"51'36" EAST 1214.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; CONTAINING 60.21 ACRES OF LAND MORE OR LESS. PAGE20F2 '.. Agenda Item No. 16K13 September 13, 2005 Page 15 of 20 ,. - z: ,~ J J/UUI1 $ ...... ... Agenda Item No. 16K 13 : September 13, 2005 Page 16 of 20 z ~~ :::;~ ~~ lI)::j' "'ft ~It - hiT U~ _'" It ~i: ;.; c co =- ..... . . , jo-. f! ... i ::; .., ~ 1'1" tl It '1 III It 't:l '" '1 ~ ~ '< ;:; ~ / ", I'IlASf 2 . 'Mea. ~ I~ .....coNTAJllIlIO DU5 ACRES ./- '" . a i -'" e:~ .... rt '. tl o It ...l1 CD . ~ ",I>' ti'"... ----,---------__ :: 't:l.......... ---r--------- It ~ . 55/4 IoeIIP .1. ~ ~i ~ . II "t " '< .- '" _. .., ~ f il~ !r C' II i i'M I ::l ~ -II ~ ~::; I;; E .. EXHIBIT "C" . Im~' r ~!.,~,,,,,,,, I ftUIU Nt( DIATD '-II Ie ,... 'f. .... .. I " TO RELEASE OF EASEMENT RIGHTS io ~ Ii ~II it- a I I e "'... i! ..- i~::: i . "'. = !:!: If I i . ... I~~ -I . Il -'" . !j .... .. io !o i I , !t -.. &.. ;,j ~, :0. il tE .. !! i /' ! i Agenda Item No. 16K 13 September 13,2005 Page 17 of 20 '. EXHIBIT "D" TO RELEASE OF EASEMENT .RIGHTS Description of part of Section 13, ~wn.hip .S South, Ran;e 27 last, Colliar County, Florida for QuI'! Coast Citrus Pha.. 2, >>arcal 1. Reviled 12-3-90 All tha~ ~rt of Section 13, Township 48 South, Range 2~ Ea.~, Collier Coun~y, Florida, being ~re particularly d.scribed as ~ollowsJ . 'Commencing at the loutheast corner of said Sactlon 13, thence along the louthaa.~ 1/4 line of said Section 13 and the ,centerline of State Road S-BSB (011 Wall Road) North 8S-.51'-25- West 2.02 feet, thence leaving said centerlLne North 01--09'-35. last 50.00 f.et to the north right-of-way line of Stata noad 5-8SS (011 Well Roac); thance alonq saId north right-at-way lIne Ncrth 98--51'-25. West. 1310.47 teet to the POINT or BEGINNING of the parcel herein described, thence continue along saId north rlght-Df-wa~ line North 98-.51'-25. Hest 1361.52 feet, t.hence continu. along saId right-of-way line NorthBB..OS'-!6- Hest 1051.57 f~ to the e.st line of . 150 foot nort~-soutt drainage easement, . thence along'said east: 11ne HorthOll..4f'-.;:}S- East: 4173.91 f,et to the south line of a 150 foot. canal maintenance easement I thence along said south 11n. South 88-..08'-24- East 2419.00 feet, ~~ thence leaving said south line South 01-..49'-15- M.st 5157.55 f.et to the Point of Beginnlng af the parcel herein delcrib&d; subject to easements and re.trictions of record, bearlngs are assumed and based on the southeast 1/4 lIne of said Section 13, Township 48 South, Range 27 East, b.~ng North 99--51'-25- West, . containing 231.55 acres of land more or less. . . .... Pags 1 of 4 pages Description of part of Section 13, Township 48 South, Ran;_ 27 East, Collier County, Florida for Gulf Coart Citrus Phase 2, parcel 2 aevised 12-3-90 Agenda Item No. 16K13 September 13, 2005 Page 18 of 20 All that part of Section 13, Township 49 South, Range 27 Ea.e, ColU.er County, Florida, beinq lIore p~ticularly described aa follows, Commencing at the southeast corner of said Section 131 thence along the southeast 1/4 line of said Section 13 and the centerline of State Road S-BSB (011 Well Road) Horth 98'-51'-25. W~st 2.02 feet; . thence leaving said centerline North 01--08'-35- !~st SO.DO feet to the POI~ OF BEGINNING of the parcel h.rein described; . thence alonq the north riqht-of-way ~ine of said State Road S-BSB North 89-.51'-25- West 1310.47 feet, thence leaving said right-of-way line North 01--49.-15- East 4157.55 feet to the south line of a 150 foot canal maintenance ea....ent; . thence along said south lIne South 99-.09'-24- East 1310.37 feet to the weat line of the north Golden Gats Canal, thence 410n9 said west: line South 01--49'-15- West"l41.lS feet to the Point of Beginning of the parcel herain desc~ibed: subject to eSBements:and restriction. or record, bearings are assumed and based on the southeast 1/4 line of said SectiQn 13, To~shlp 48 South, Ran98 27 East, being North 98--51'-25. Weat, containing 124.92 acres of;land more or less. Page 2 of 4 pages ... ....- .....- - - ... DascrLE>>tlon of part of Section 1J, 70wnshLp 48 South, Rani. 27 ta.t, Collier County, Florida for aulf CO.,t Cltru* Phallle 2 t '.red 2-1. All that p.rt of Section 13, 'township 41 South, Ranve 27 e..t, Collier County, Florida, blain; lIOn p&rt.1.c'lll.rly d..ed,bed. .. follow, eom.ancin; at the southe.st corner of ..!~ Section 13, thanee al~; the soath...t 1/4 line or .aid SectLon 13 and the centerline of S~t. Road 1-8SS (011 Hall Road) Harth 88--51'-25- W..t 2.02 f..t, thence l..y!n; ..1~ centarline Horth 01-.08'-35- E..t 50.00 f.et to the north r1ght-of-way I1n. Df Stata Road 8-858, thence along the north rlght-of-var line of .ald State ROad S-UB North 88--51'-25- W..t 1310.47 fe.t, thanee le.v1ng .aid rlght.-of-"".y 11ne Harth 01--U'-15- lut. 2827.85 t.at. to the POIBT or BtGtNHIHG of the parcel hareLn d..cri.b.d, thance cont.inue North 01--."-1S- Eaat 132'.70 f..t to the south 11ne of . 150 foot c.9.1 ..int.aunce ..._nt, thanee .long ..ld .oath lin. South 88--08'-24- e..t 1310.37 f..t to the we.t Une of the north <::olden gat... Canal, thence .lDng .aid vast l1ne South 01--(1'.15- w..t 132'.10: f.. t, thence Horth S8a-08'_24- w..t 131D.37 f..t. to the Point of BegLnnlnq of the parcel herein d..cribed, -..bj.ct to .u...nt. and rutrict10na of r.~orch .arings are ...WIIIlcl and based bn the aouth.ut 1/4 Una of sdd ~ect1oft 13, ~lIlhip 48 South, Rang. 27 &..t, being Horth 8S--51'-25- N..t, contain.Lng .. D. 00 .cr.. 0 f land IIIOra or 1..... Page 3 of 4 pages Agenda Item No. 16K13 September 13, 2005 Page 1 9 of 20 . ~. . . . '" r ! Agenda Item No. 16K13 September 13, 2005 Page 20 of 20 Oascriptlon of part of Section 19, Townshi'Pt 48 South, Range 28 East and put of Section 24, Towns~p 48 South, RAnge 27 East, Collier County, Florida [ Sub-bas in 6) I. AlL that part of Section 19, Township 4B South, ~ge 28 East and part of of Section 24, Township 48 South, Ranqe 21 East, Collier County, Florida;- , commencinq a.t the northwest corner of Section 24, Townshi.p 48 South, Ra.nqe 27 Ea.stJ thence along the north line of Section 24, South 88--05'-55. But 1928.19 feet; , thence leaving said. north line South 01 * -54' -04. West 50.00 feet to the south right-of-way line of C.R. 8SS (Oil Well Road) and the PO:rNT O:P UGINNING of tha parcel herein described; thence along said south riqht-af-way line South 8S*-05'-5S- East 750.00 feet; , thence continuing along said south riqht-of-way line South 88--51'-25-' East 2677.43 feet to the wes~ liDe of the North 'GoldeIrGate Canal.; , thence a.lonq said west line South 01*-49'-15- West 794.99 feet to the west line of Section 19, Township 48 South, RAnge 28 East; tbence leaving said wast line and continuing 'along said west right-of-way line South 018-49'-15. West 1945.01 feet; thence leaving sa.id vest line North 88. -10' -45. West 5.26 feet to the said west line of said Section 19~ . thence leaving said west line North 888-10'-45K West 394.74 feet; thence Narth 568-13'-00- West 1010.00 feet: thenCe North 85*-58'-32- West 645.91 feet~ thence South 848-04'-00. West 230.00 feet; .. thence North 44--46'-418 West 686.83 feet; thanee North 29--11'-00- West 300.00 feet; thence North 4S8-10'-00. West 630.00 feet; thence North 37.-40'-00~ West 255.00 faet~ thence North 018-54'-04- East 8SQ.00 feet toitha south right-of-wa.y line of C.R. 858 (Oil Well Road' and the Point of Beginning of the parcel herein described being a part of Section 19, Tovnship 48 South, Range 2S East ;and part of Section 24, Township 48 South, Range 27 East} subject to easements and restrictions of record; containing 162.43 acres more or less; bearings are based on the northeast 1/4 section line of said Section 24, being South 8B--Sl'-2SK East. '-' .. Page 4 of 4 pages ,- - Agenda Item No. 16K14 September 13, 2005 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to award RFP 05-3847 to Marianne Kantor to provide Attorney Special Magistrate services to Collier County Value Adjustment Board. Cost is anticipated not to exceed $5,000 per annual hearing season. OBJECTIVE: To provide the taxpayers of Collier County a venue to appeal property taxes levied on their property in accordance with Florida Statutes, Section 194.035, as amended in 2002. CONSIDERATIONS: Requests for proposals #05-3847 "Attorney Special Magistrate for the 2005 Collier County Value Adjustment Board" were solicited on April 28, 2005. Notification was sent to 42 firms. Four proposals were received by the closing date of May 27, 2005. The four proposals were evaluated and ranked by a selection committee as follows: 1. Marianne Kantor 2. Curtis Gordon 3. Richard Connor 4. James Bush By consensus of the Value Adjustment Board on June 20, 2005, and in public session, Marianne Kantor was selected (appointed) for award of the Attorney Special Magistrate contract. Contract negotiations have been completed and the proposed contract is attached. The term of the contact is for one (1) Collier County Value Adjustment Board session with an option for two (2) additional Collier County Value Adjustment Board sessions. $110.00 per hour represents the rate for Ms. Kantor's services. FISCAL IMPACT: The aggregate cost of these services is not expected to exceed $5,000.00 based on historical data. This cost is shared with the District School Board, which by statute is responsible for two-fifths of these expenses. The source of the County's portion of these costs is Other General Administrative Cost Center in the General Fund. GROWTH MANAGEMENT IMP ACT: Not applicable. RECOMMENDATION: That the Board of County Commissioners award RFP 05-3847 ("Attorney Special Magistrate for the 2005 Collier County Value Adjustment Board") to Marianne Kantor and authorize the Chairman to execute each agreement. Item Number: Item Summary: M.etlng 0_: Agenda Item No. 16K14 September 13, 2005 Paoe 2 Df 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K14 RecommemJatiu/1 10 Award RFP 05-3847 io MariHMa KantcH" tu provide A110rney SplJcil!l1 Magistrate services to the Collier County Value Adjustment Board. Cost is Anticipated n01 to exceed $5,000 p~r annUl'll he~ring session. 9/13/20059:00:00 AM Dat. Prepared B)' Mike HaUOf Administrllltlve Servlcea Acqul5ltlon Managlllr Purchllaing 8/24/2006 4:"l::llI PM Oat. Approved By Mike HaUef Administrative Services Aoqulaltion Manage, Purchnlng 8/25/2005 2:41 PM Date Approved By Steve Carnell Administrative Servicwa Purchn:lng/Glltne-n'll 5vCI Oire-etor Pureh..ing 8/26'20054:13 PM 0... A pproved By David C. Weig.l County Attorney County Attorney County Attorney Otfi~ 8131120053:22 PM Dat. Approved B)' OIlllB Coord/Nlttlr County Manager'. Office Admtnl.tr8tlvtl A..'.t.nt OffIce of Manllgement & Budget 8131120054:01 PM Ollte Approved By Michael9mykowakl County M8naOGr'. Office Managltment & Budget Director Office of M,magemcmt & Budget 91112005 8:56 AM Dat. Approved 8)-' James V. Mudd Board of County Commtulon&l1l COl.lMty Manager County Manager', Office 91112005 8:35 PM Agenda Item No. 16K14 September 13, 2005 Page 3 of 17 SPECIAL MAGISTRATE AGREEMENT THIS AGREEMENT has been made and entered into on this day of , 2005, by and between MARIANNE KANTOR hereinafter referred to as "Special Magistrate," and COLLIER COUNTY, a political subdivision of the State of Florida, and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, hereinafter collectively referred to as the "Value Adjustment Board" (VAB). WITNESSETH 1. Commencement. This Agreement will commence upon execution of this Agreement by the last signing party, and shall terminate upon completion of the assignment and payment for same, unless renewed in accordance herewith. 2. Assignment. The Special Magistrate shall conduct hearings on petitions to the Value Adjustment Board regarding exemptions, classifications and untimely petitions for the 2005 tax year. The Special Magistrate will conduct these hearings in accordance with the Rules of Procedure adopted by the Collier County Value Adjustment Board, administrative rules promulgated by the Florida Department of Revenue, and applicable Florida Statutes. The V AB Rules of Procedure are attached hereto as Exhibit A and incorporated herein as a part of this Agreement. The Special Magistrate shall prepare in writing his/her findings of fact, conclusions of law, and recommendation to the Value Adjustment Board using the forms approved by the V AB. Time is of the essence in this regard as the V AB intends to meet as soon as possible after the completion of the hearings for purposes of adopting all recommendations by its Special Magistrates. To the extent reasonably practicable the Special Magistrate will render his/her recommendation within 48 hours, but, in no event, more than five (5) days after the hearing. The Special Magistrate shall be compensated on an hourly basis for the time needed to complete his recommendations subject to the time limitations imposed in Paragraph 4 below. If needed, hearings on late-filed petitions will be scheduled for one day during the last week of September. The Special Magistrate will be expected to orally announce her decision immediately upon conclusion of the hearing and provide the written decision within the time frame set forth in the prior paragraph. Upon the Special Magistrate deciding that the petition is timely filed. the Clerk will notify the petitioner of a hearing date for future consideration of the petition. The V AB does not warrant that the Special Magistrate will be scheduled to serve any particular number of days or hear a specific number of cases. t Agenda Item No. 16K14 September 13, 2005 Page 4 of 17 3. Standards and Requirements. The Special Magistrate will comply with all Florida laws and administrative rules, and constitutional principles of due process when conducting the value adjustment hearings. The Collier County VAS and the County Attorney may provide additional direction or guidance to the Special Magistrate, such as its Rules and Procedures, for the conduct of the hearings. This guidance will be followed by the Special Magistrate to the extent that such guidance does not impede upon the Special Magistrate's independent decision- making. The Special Magistrate will consider only acceptable appraisal practices when hearing all petitions but shall not engage in the re-appraisal of properties. The Special Magistrate will be responsible for preserving the record and his/her recommendations as required by Florida Statutes, F.A.C. Rule 120-10, and the VAS Rules of Procedure. All recommendations shall be forwarded to the Clerk to the Board along with the evidentiary record for each hearing. The VAS will be responsible for providing a verbatim transcript and back-up audio recording of all proceedings. The Special Magistrate will be responsible for operating the audio recording equipment, if necessary. By execution of this Agreement, the Special Magistrate represents that s/he meets the requirements of s. 194.035, Fla. Stat. (2004) and will maintain all licensure required by this statute through completion of the Assignment. 4. Compensation. The Special Magistrate will be paid an hourly rate of $110.00 for services rendered in accordance with this Agreement. The Special Magistrate will maintain a record of time for his/her performance under this Agreement and shall submit an invoice to the VAS after completion of all scheduled hearings and recommendations to the VAS. This invoice shall be signed and certified by the Special Magistrate as being accurate. Upon receipt of a proper invoice, the VAS will pay the Special Magistrate in accordance with s. 218.70, Fla. Stat., otherwise known as the "Florida Prompt Payment Act." Any time required for research and preparation beyond the hours required to conduct hearings shall not exceed twice the number of hours required for hearings without documentation of the need for such additional hours and advance approval by the County Attorney's Office. Time spent traveling to the location of the hearing where the distance traveled exceeds 25 miles will be compensated at the hourly rate. The compensation paid to the Special Magistrate shall be borne three-fifths (3/5s) by the COUNTY and two-fifths (2/5s) by the SCHOOL SOARD. 2 r Agenda Item No. 16K14 September 13, 2005 Page 5 of 17 After payment of compensation to the Special Magistrate, the COUNTY will calculate the SCHOOL BOARD's share of the compensation paid and prepare an invoice for the SCHOOL BOARD. The SCHOOL BOARD agrees to pay the COUNTY within thirty (3D) days of receipt of this invoice. 5. Costs and Expenses. The VAB shall provide the hearing rooms for all Special Magistrate hearings and shall be responsible for the costs of recording all hearings before the Special Magistrate. The V AB will provide the Special Magistrate with sufficient forms for the completion of his/her findings of facts and conclusions of law for each hearing. All clerical expenses incurred by the Special Magistrate in the performance of this Agreement shall be the sole responsibility of the Special Magistrate. 6. Termination. If the Special Magistrate fails to perform his/her services in a manner consistent with this Agreement, the VAS may terminate this Agreement immediately for cause. The VAS reserves the right, in its absolute discretion, to refrain from scheduling any hearings with the Special Magistrate and to discontinue the services of the Special Magistrate at any time for convenience. If the VAS elects to terminate this Agreement for convenience, such election may be made with no less than 24 hours notice to the Special Magistrate. In recognition of the special time constraints attendant to VAS hearings, the parties hereto agree that 24 hours notice is reasonable in this instance. The VAS shall be the sole judge of non-performance. The VAS does not warrant that the Special Magistrate will be scheduled to serve any particular number of days or hear any number of cases. In the event the Special Magistrate is terminated for cause, which may include the failure to provide his/her recommendation in a timely manner, the Special Magistrate will be entitled only to compensation for his/her time in conducting hearings. 7. Renewal. Unless terminated pursuant to Section 6, this Agreement shall extend through the completion of the 2005 VAS hearings and the 3D-day acceptance period provided herein. This Agreement may be renewed for an additional V AB session for two (2) consecutive years upon written notice by the VAS to the Special Magistrate prior to expiration of this Agreement. The Special Magistrate will have thirty (30) days from the date of notice to accept or decline renewal of this Agreement. 8. No Improper Use. The Special Magistrate agrees he/she will not use, or suffer or permit any person to use in any manner, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule order or regulation. In the event of such violation by the Special Magistrate, the V AB shall have the right to suspend further work by the Special Magistrate or terminate this Agreement. 3 vr Agenda Item No. 16K14 September 13, 2005 Page 6 of 17 9. Unlawful Solicitation and Assignment of Agreement. Sy execution of this agreement, the Special Magistrate warrants that he/she has not employed, retained, paid or agreed to pay any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. The Special Magistrate further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer, agent, employee, subcontractor, or consultant to the Special Magistrate in connection with any services performed under the terms of this Agreement. The Special Magistrate further warrants that there shall be no transfer or assignment of any part of this Agreement, except with the express written approval of the VAS. 10. Relationship. Nothing contained herein shall create or be construed as creating a partnership between the V AB and the Special Magistrate. Nor shall this Agreement be construed as to constitute the Special Magistrate as an agent or employee of the VAS. 11. Non-discrlmination. No person on the grounds of handicap, sex, race, color, religion, national original or age, will be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Agreement. 12. Records. The Special Magistrate shall maintain records of all accounts, invoices for reimbursable expenses and supporting documentation for any research or reports, for a period of five (5) years from completing the performance of this Agreement. Such records shall be sufficient to permit a proper pre- and post-audit in accordance with generally accepted accounting practices. The Special Magistrate shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes, and will permit the inspection of such records at the location where they are kept after reasonable notice. 13. Interpretation and Construction. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida; and this written Agreement along with the 2005 Application for Attorney Special Magistrate submitted by the undersigned party, which is incorporated herein by reference, shall constitute the entire agreement between the parties, and there are no other prior or contemporaneous, oral or written agreements, understandings or promises related to this Agreement. 13. Amendment. This Agreement may be modified only by written amendment executed by all parties hereto. 4 'Y Agenda Item No. 16K14 September 13,2005 Page 7 of 17 14. Notice. When any party desires to give notice to the other, it must be given in writing and sent by regular mail or facsimile to the party for whom it is intended, as specified below: VALUE ADJUSTMENT BOARD c/o Ellen T. Chadwell, Esq. Office of County Attorney 3301 Tamiami Trail East 8th Floor (Bldg F) Naples, Florida 34112 Telephone: (239) 774-8400 Facsimile: (239) 774-0225 Copy to: Clerk to Value Adjustment Board C/o Patricia Morgan, Supervisor Clerk of Courts 3301 Tamiami Trail East 4th Floor (Sldg F) Telephone: (239) 774-8399 Facsimile: (239) 774-8408 SPECIAL MAGISTRATE Marianne Kantor Post Office Sox 50427 Fort Myers, FL 33994 Telephone: (239) 694-6292 Facsimile: (239) 694-6292 15. Governing Law. This Agreement shall be governed by Florida law. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. As to SPECIAL MAGISTRATE: Witnesses: ~CA~ i~ure ~r\{'-~.1 \ ~~ ~..s:.\) " ~me~ .C ---- '..I' x_-- -..~ . Signa~,' e " . . d "~ 6.z.q~~ ~~ Print Name ~1-Pd>~"& " A ~~~~ 5 'W/ Agenda Item No. 16K14 September 13, 2005 Page 8 of 17 ~- As to VALUE ADJUSTMENT: BOARD: Date: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY By: , Deputy Clerk FRED W. COYLE, Chairman :.a"d os to f('Xeoa1 .ufflcl., c '1L. ~.. . dtU1~ Assistant County Attorney W't Ellen T. Chadwell D t I nesses: a e: ~-l-S'''' Or(' /&k:;f L.~~ Signature ;f1tlf;Sgl) r c Sf'e'l-'(;~/L. Print Name ('~ ~ Lr Signatu (.Irf1~~ ~JJ-~.:t Print Na e COLLIER COUNTY DISTRICT SCHOOL B~ . By: ~ STEVE FAIN, Financial Officer 6 ~. Agenda Item No. 16K14 September 13, 2005 Page 9 of 17 VALUE ADJUSTMENT BOARD RULES OF PROCEDURE CHAPTER 1 : ORGANIZATION 1. The Value Adjustment Board is a separate and distinct governmental body created by statute and is composed of three members of the Board of County Commissioners and two School Board Members. 2. One of the County Commissioners is required to the elected as Chairman of the Board. 3. The members of the Board may be temporarily replaced by other members of the respective boards (Le. the Commission and School Board) on appointment by their respective chairpersons. 4. Any three members of the Board constitute a quorum, except that each quorum must include at least one Commissioner and one School Board member. No meeting of the Board can take place without a quorum. 5. Two-fifths on the expenses of the Board are borne by the School Board and three-fifths by the County Commission. I 6. As used herein, the word "Board" means "Value Adjustment Board" and "Special Magistrates." CHAPTER 2: POWERS AND DUTIES 1. The Board must meet not earlier than 30 days, nor later than 60 days after the mailing of the "Notices of Proposed Property Taxes" by the Property Appraiser under section 194.011 (1), Florida Statutes; provided, however, that no Board hearing may be held before approval of all or any part of the assessment rolls by the Departments of Revenue. The Board is required to meet for the following purposes: (a) Hearing taxpayers' petitions relating to the amount of assessments. (b) Hearing complaints relating to Homestead exemptions. (c) Hearing appeals from exemptions denied, or disputes arising from exemption granted, upon the filing of exemption applications (Le. other than Homestead exemptions) 7 ~ Agenda Item No. 16K14 September 13, 2005 Page 1 0 of 17 (d) Hearing appeals concerning ad valorem tax deferrals and classifications. Notwithstanding the foregoing, the Board may meet prior to the approval of the assessment rolls by the Department of Revenue, but not earlier than July 1. to hear appeals pertaining to the denial by the Property Appraiser of exemptions, agricultural classifications, and deferrals under (b), (c), and (d). In such event, the Board may not certify any assessments under Section 193.122 until after the Department has approval such assessments in accordance with Section 193.1142 and after all hearings have been help with respect to the Particular parcel under appeal. 2. The Board was authorized by state law to impose a filling fee not to exceed $15.00 for each separate parcel of property, real or personal, covered by taxpayers petitions (i .e. with certain exceptions pertaining to denials of Homestead exemption and tax deferrals). Petitions filed without the appropriate filing fee are deemed invalid and must be rejected. 3. The Board is required to appoint special magistrates for the purpose of taking testimony and making recommendations to the Board, which recommendations the Board may act upon without further hearing. The Board has chosen to act upon such recommendations without further hearings. Appeals to the full Board by Taxpayers and the Property Appraiser requesting de novo review of the special magistrate's recommendations will be denied. Special magistrates must meet the criteria set forth in s. 194.035, Fla. Stat. 4. The Board is required to remain in session from day to day until all petitions, complaints, appeals, and disputes are heard. If all or any part of an assessment roll is disapproved by the Florida Department of Revenue, the Board is required to reconvene to hear petitions, complaints, appeals and disputes filed upon the finally approved roll or part of a roll. S. The Board has no power to fix the original valuation of property for ad valorem tax purposes or to grant an exemption not authorized by law. The Board is bound by the same standards as the County Property Appraiser in determining value and the granting of exemptions. With certain exceptions, all property, real and personal, must be assessed at fair market value as of January 1 of the tax year. The Board, or its special magistrates, may not reduce an assessment below fair market value (i.e. in order to "equalize" it with other assessments), but for purposes of reviewing a petition, the Board may consider assessments among comparable properties within homogeneous area or neighborhoods. 6. The Board has no power to grant relief either by adjustment of the value of a property or by the granting of an exemption on the basis of hardship of a particular taxpayer. 8 ~/ Agenda Item No. 16K14 September 13, 2005 Page 11 of 17 7. The Board, in determining the valuation of a specific property, may not consider the ultimate amount of tax required by the various taxing authorities. 8. The powers, authorities, duties and functions of the Board, insofar as they are appropriate, apply equally to real property and tangible personal property. 9. The Board may not extend the time for the filing of petitions. However, the failure to meet the statutory deadline for filing a petition is not a absolute bar to consideration of such a petition by the Board when the Board determines that the petitioner has demonstrated good cause for failure to timely file, justifying consideration, and that the delay will not in fact be prejudicial to the performance of its functions in the taxing process. The issue of whether a petitioner can demonstrate ~good cause" for a late filing will be determined by the Special Magistrate in accordance with Chapter 4. 10. The Board is required to hear disputed or appealed applications for exemption and must grant such exemptions, in whole or in part, in accordance with the criteria established by law. In addition, the Board may review previously granted exemptions on its own motion or upon motion of the Property Appraiser. Review of an exemption application upon motion of the Board cannot be heard until the applicant has had at least five (5) calendar days notice of the Board's intent to review the application. 11. The Board will comply with all valid rules and regulations promulgated by the Florida Department of Revenue. CHAPTER 3: PRE-HEARING EVIDENCE EXCHANGE 1. At least fifteen (1S) days before the scheduled hearing, the taxpayer/petitioner must provide the Property Appraiser with a written list and summary of evidence, along with copies of the all documentation to be presented at the hearing. The taxpayer/petitioner should take such measures as are necessary to ensure receipt of these materials by the Property Appraiser within this time period. The complete package must be provided to the Property Appraiser and two copies of the evidence package must be delivered to the Clerk to the Board for distribution to the Special Magistrate and for purposes of the record. 2. No later than seven (7) days before the hearing, if the Property Appraiser receives the taxpayer/petitioner's documentation, and if requested in writing by the taxpayer/petitioner, the Property Appraiser must provide the taxpayer/petitioner with a written list and summary of its evidence to 'be presented at hearing. This list and summary must likewise be accompanied with copies of the documentation to be presented. 9 \V Agenda Item No. 16K14 September 13, 2005 Page 12 of 17 The evidence list must contain the property record card if provided by the Clerk. When computing the seven day period, Saturdays, Sundays and legal holidays shall not be included. 3. If the taxpayer/petitioner does not provide the information to the Property Appraiser at least 15 days prior to the hearing pursuant to Section 1 above, the Property Appraiser need not provide the information to the taxpayer/petitioner pursuant to Section 2. If the Property Appraiser requests in writing any evidentiary materials of the taxpayer/petitioner, and the taxpayer/petitioner refuses to provide the requested materials prior to the hearing, such information shall not be presented or considered at the scheduled hearing by the Special Magistrate. (Fla. Stat. 194.034(1 )(d)). 4. If the Property Appraiser does not provide the information within the time required under Section 2, the taxpayer/petitioner will be entitled to reschedule the hearing. In such event, the taxpayer must notify the Clerk no later than twenty- four (24) hours, excluding weekends and holidays, after the day of required production that the Property Appraiser did not fully comply, the details of such non-compliance, and request a reschedule in writing. After receipt of this written notice, the Clerk will re-schedule the hearing. 5. The documentation exchanged under Section 1 and 2 above must be delivered by regular or certified mail, personal delivery, overnight mail, facsimile or e-mail. The date of transmission bye-mail or fax to an address provided by the addressee shall be deemed to constitute the date of delivery to the recipient. For such purpose, three e-mail or fax attempts to the address provided by the addressee will be deemed sufficient. If more than one fax number is provided, three (3) attempts must be made to each number to satisfy this requirement. "Provided" means made available in the manner designated by the property appraiser or by the taxpayer/petitioner in his/her submission of information, as via email,facsimile, U.S. Mail, or at the property appraiser's office for pick up. If the taxpayer/petitioner designates delivery by U.S. Mail or does not speCifically designate the desired manner for receiving the Property Appraiser's information, the information shall be deposited into the mail by the Property Appraiser. The taxpayer/petitioner and the Property Appraiser may agree to a different method or timing of the exchange. 6. The information must be sent to the taxpayer/petitioner or agent at the address shown on the petition form; however, it may be submitted to an e-mail or fax address if so indicated by the taxpayer/petitioner. 7. In computing any periOd of time prescribed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included .unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. 10 v Agenda Item No. 16K14 September 13, 2005 Page 13 of 17 If the fifteenth day before a hearing is a Saturday, Sunday, or legal holiday, the information under subsection 2 shall be provided no later than the previous business day. 8. The summary of any testimony submitted pursuant to Sections 1 and 2 shall be sufficiently detailed as to reasonably inform a party of the general subject matter of the witness testimony, and shall contain the name and address of the witness. 9. No taxpayer/petitioner may present nor shall the special magistrate accept for consideration any "testimony or other evidentiary materials" that were requested of the taxpayer/petitioner in writing by the Property Appraiser of which the taxpayer "had knowledge and denied to the Property Appraiser." (Section 194.034(1) (d), Florida Statutes.) 10. Neither the Board nor the special magistrate shall take any general action regarding compliance with this Chapter, but any action on each petition shall be considered on a case by case basis. Any action shall be based on a consideration of whether there has been a substantial noncompliance with this section, and shall be taken at a scheduled hearing and based on evidence presented at such hearing. "General action" means a prearranged course of conduct not based on evidence received in a specific case at a scheduled hearing on a petition. The normal remedy for such non-compliance shall be a rescheduling of the hearing to allow the petitioner an opportunity to review the information of the Property Appraise'r. CHAPTER 4: CONDUCT OF HEARINGS; PROCEDURES 1. Proceedings of the Board must be conducted in compliance with the Florida Sunshine Law (i.e. Section 268.011, Florida Statutes): (a) Reasonable notice must be given to the public prior to a Board meeting. (b) All Board meetings at which any official action may be taken must be held in the open. 2. Board and special magistrate hearings are required to the conducted in accordance with the applicable provisions of Chapter 194 and 196, Florida Statutes, and administrative rules promulgated by the Florida Department of Revenue. Chapter 120, Florida Statutes, does not apply to VAB proceedings, including hearings before the Special Magistrates. 3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is required to deliver to the person so filing, an acknowledgment of receipt of such petition and must promptly furnish a copy of same to the Property Appraiser. 11 wr Agenda Item No. 16K14 September 13, 2005 Page 14 of 17 - The failure to file the appropriate filing fee with the petition will result in the rejection of the petition. Any late-filed petitions received by the Clerk will be scheduled before a special magistrate in accordance with Section 4 below. 4. A late-filed petition will be scheduled for hearing before a Special Magistrate by the Clerk and reasonable notice given to the taxpayer/petitioner. If, after review of the evidence, the Special Magistrate finds that the taxpayer/petitioner has demonstrated both "good cause" justifying the late filing AND that delay will not be prejudicial to the Board's performance of its functions, s/he will issue the finding at conclusion of the hearing. Thereafter the Clerk will schedule the petition for a hearing. All evidence to be presented to the Special Magistrate by the taxpayer/petition must be provided to the Property Appraiser no later than seven (7) days in advance of the "good cause" hearing. The time periods contained in Chapter 3 do not apply to "good cause" hearings. S. The Clerk of the Board will prepare a schedule of appearances before the Board (Special Magistrates) based on petitions (including applications for Homestead Exemptions denied by the Property Appraiser) timely filed with him. The Clerk must notify each petitioner of the scheduled time of his appearance in writing by U.S. mail or Personal delivery so that the notice is received by the taxpayer no less than twenty-five (2S) calendar days prior to the day of such scheduled appearance. The Clerk is deemed to have prima facie complied with such notice requirements if the notice is deposited in the U.S. Mail thirty (3D) days prior to the day of such scheduled appearance. The Clerk will include a copy of the property record card with the notice in all cases, whether or not requested by the taxpayer. The Clerk will not schedule hearings in personal DroDertv cases, unless a return is filed within the time prescribed by the Board. 6. The petitioner has the right to reschedule his or her hearing ONE time by submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5) calendar days before the day of the originally scheduled hearing. This does not apply to "good cause" hearings. 7. The Board and its special magistrates act in a quasi-judicial capacity with respect to the conduct of these hearings. 8. Board members and special magistrates should disqualify themselves on their own initiative or upon motion of any party interest or other cause for which a judge may be recused, with respect to any appeal coming before the Board. 9. No Board member or special magistrate should communicate ex parte with any taxpayer or the Property Appraiser relative to the merits of any case. However, this should not preclude a Board member or special magistrate from communicating with a taxpayer or the Property Appraiser for proposes of obtaining additional raw data upon which a finding might be based. 12 ~/ Agenda Item No. 16K14 September 13, 2005 Page 15 of 17 Any communications concerning the proper conclusion to be drawn from any such raw data would constitute a discussion of the merits and results in an ex part~ communication prohibited by law. 10. (a) Any taxpayer may be represented by an attorney or agent before the Board or special magistrate, or may appear on his own behalf. (b) A condominium homeowners' association (or qualified incorporated mobile home park association) may appear before the Board or Special Magistrate to present testimony and evidence regarding the assessment of condominium units which said association represents. Said testimony and evidence must also be considered by the Board or Special Magistrate with respect to petitions filed by individual condominium unit owners, unless the owner requests otherwise. 11. (a) Irrelevant, immaterial or unduly repetitious evidence may be excluded by the Board or special magistrate but all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs is admissible, whether or not such evidence would be admissible in a court of law. (b) Any part of a taxpayer's evidence may be received in written from, and all testimony of parties and witnesses is required to be made under oath upon the request of either party. The Special Magistrate or court reporter will administer the oath to all persons providing testimony, including parties. Witnesses for either party may be cross - examined by the other party when testimony is taken. (c) Hearsay evidence may be admitted for the purpose of supplementing or explaining other evidence, but it is not sufficient in itself to support a finding unless it would be admissible over objection in a civil action in the courts of this State. 12. The Property Appraiser's determinations are entitled to a "presumption of correctness" and petitioning taxpayers have the burden to prove that the Property Appraiser's determinations are incorrect. (a) In the non-valuation cases (e.g. exemption and agricultural classification cases), this presumption of correctness can be properly rebutted only by evidence which excludes very reasonable hypothesis of a leoal assessment. (b) In valuation cases, the Property Appraiser's valuation is still presumed correct, but the presumption is lost if the taxpayer establishes by a preponderance of the evidence that either the Property Appraiser (a) failed to properly consider all of the valuation criteria mandated by statute I3 ~/ Agenda Item No. 16K14 September 13, 2005 Page 16 of 17 in computing the assessment, or (b) derived the assessment arbitrarily based on appraisal practices different from those generally applied to comparable property within the same class and county. If the taxpayer overcomes the initial presumption of correctness, in the foregoing manner, he or she then has the burden to prove by a preponderance of the evidence that the assessment exceeds fair marker value. If, however, the taxpayer cannot overcome the property appraiser's initial presumption of correctness, then the taxpayer, in order to obtain relief, must prove that the assessment is excessive by clear and convincina evidence. In no case involving valuation, however, does the taxpayer have the burden of proving that the assessment is "not supported by any reasonable hvoothesis of a leoal assessment." 13. If the Property Appraiser's assessed value is determined to be erroneous, the Board can establish the assessment if there exists competent, substantial evidence in the record. If not, the Board must remand to the Property Appraiser with the appropriate directions for a redetermination of value. 14. The Clerk of the Board is required to maintain a verbatim record of all proceedings and must preserve all documentary evidence and listings for a period of not less than four (4) years. The Board and its special magistrates should insist that all documentary evidence relied upon by any party be incorporated into the Board's files. In the event a party refuses to relinquish possession of any such documentary evidence, the Board and its special magistrates should not consider the same in making a finding of fact or conclusion of law. 15 No petitioner may present, nor may the Board or special magistrate accept, testimony or other evidentiary materials for consideration that were requested of the petitioner in writing by the Property Appraiser of which the petitioner had knowledge, and denied to the Property Appraiser. No evidence shall be considered by the Board or special magistrate except when presented during the time scheduled for the petitioner's hearing, or at a time when the petitioner has been given reasonable notice. 16. Every decision of the Board or recommendation by a Special Magistrate must contain specific and detailed findings of fact, including both ultimate findings of fact and basic and underlying findings of fact. Each basic and underlying finding must be properly annotated to its supporting evidence. (a) An ultimate finding is a determination of fact is usually expressed in the language of a statutory standard and must be supported by and flow rationaUyfrom adequate basic and underlying findings. 14 ~ Agenda Item No. 16K14 September 13, 2005 Page 17 of 17 (b) Basic and underlying findings are those findings on which the ultimate findings rest and which are supported by evidence. Basic and underlying findings are more detailed than the ultimate findings, but less detailed than a summary of evidence. (c) Reasons are those clearly stated grounds upon which the Board or Property Appraiser acted. 17. All decisions made must include the nature of the change made and indicate the just, taxable, and exempt value before and after the change. 18. The Special Magistrate shall render a written recommendation in a form provided by the Clerk of the Board, within five (5) days of the hearing. This recommendation may, but need not, be rendered at the conclusion of the hearing. All recommendations are presented to the Board at a publicly noticed meeting and approved by the Board without further hearing. 19. All final decisions by the Board must be issued within twenty (20) calendar days of the last day the Board is in session, and the clerk, upon issuance thereof, must notify by first class mail each taxpayer, the Property Appraiser and the Department of Revenue of the decision of the Board. If no decision is rendered in a case, the reason therefore must be placed in the records, compiled by the Clerk and maintained along with the verbatim record. 15 ~. ....-....... - Agenda Item No. 16K15 September 13, 2005 Page 1 of 58 EXECUTIVE SUMMARY Recommendation to award RFP 05-3848 and approve contracts with Stephen A. Cunningham, South Florida Valuation Services, Inc., Cecil L. Neff & Associates, Inc., and Machinery Capital Assets to provide Appraiser Special Magistrate services to Collier County Value Adjustment Board. Aggregate cost anticipated not to exceed $15,000 per the 2005 V AB season. OBJECTIVE: To provide the taxpayers of Collier County a venue to appeal property taxes levied on their property in accordance with Florida Statutes, Section 194.035, as amended in 2002. CONSIDERATIONS: Requests for proposals #05-3848 "Appraisal Special Magistrate for the 2005 Collier COWlty Value Adjustment Board" were solicited on April 28, 2005. Notification was sent to 58 firms. Pursuant to this RFP, both real property and tangible property appraisers were solicited to serve as special magistrates. Seven proposals were received by the closing date of June 8, 2005. Only one of these proposals qualified for tangible property, and this firm, Machinery Capital Assets, was ranked number one and selected (appointed) by the Value Adjustment Board. The other six proposals for real property appraisers were evaluated and ranked by a selection committee as follows: 1. 2. 3. 4. 5. 6. Stephen A. Cunningham South Florida Valuation Services, Inc. Cecil L. Neff & Associates, Inc. (Alternate) Donald P . Wood Applied Appraisal Services Lussy and Associates By consensus of the Value Adjustment Board on JWle 20,2005, and in public session, the following appraisers were selected (appointed) for award of the Appraiser Special Magistrate contract: Stephen A. Cunningham, South Florida Valuation Services, Cecil L. Neff and Machinery Capital Assets. Contract negotiations have been completed and the proposed contracts are attached. The term of the contact is for one (1) Collier County Value Adjustment Board session with an option for two (2) additional Collier COWlty Value Adjustment Board sessions. Hourly rates are $95.00 --$110.00. FISCAL IMPACT: The aggregate cost of these services is not expected to exceed $15,000.00 based on historical data. This cost is shared with the District School Board, which by statute is responsible for two-fifths of these expenses. The source of the County's portion of these costs the Other General Administrative Cost Center in the General Fund. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board of County Commissioners award RFP 05-3848 ("Appraiser Special Magistrate for the 2005 Collier County Value Adjustment Board") to Stephen A. Cunningham, South Florida Valuation Services, Inc., Cecil L. Neff & Associates, Inc. and Machinery Capital Assets, and authorize the Chairman to execute each agreement. Item Number: ,""-- Item Summary: Meeting Om: Prepared By Mike Hauer Admlnictrlltlvc Sarvlces Approved By Mike Hauer Admini$trlltlve $&rvicel!l Apl)(oved By Steve Carnell Administrative SMvicel!l Approved By David C. Weigel County Attorney Approved B)-' Nancy Bradley County Attorney Appro\'ed By OMS Coordinator County Manager's Offic~ Approved By Mlehael Smykowski County Manager's Office Approved By JOImes V. Mudd Board of County r CommM5ioner6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 16K15 September 13, 2005 Page 2 of 58 16K15 Recommendabon 10 award RFP 05.3848 and approve contracts with Stephen A. Cunningham. South Florida Services, Inc., Cecil L. Nett & Associates Inc., and Machinery Capital Assets to provide Appraiser Special MaQistrate ~el'll'ices to the Collier CQunty Value Adjustment Board. Agoregllt~ cosl anticipated no11o elweed 515,000 per Ihl-l 2005 VAB 9/13/20059:00:00 AM Acquisition Manager Purchasing Acquisition Manager Purchasing PurchulnglG&Mral Sves Director Purchasing County Attorney County Attorney Office Legal Sftcrmry County AttorM}' Office Administrative Auillitanl Office of M.llnag(!fll0f1t & Budget Manageme-nt & Budget Director Office o,f Management & Budget County Mtlnager County Manager's Offiee Dale 8124120055:03:27 PM Dale 8125/2005 2~42 PM Dm. 812tU2005 4: 14 PM Dale 8/3112005 3:24 PM Dale 8/3112005 3:27 PM Dale 8(3112005 4:02 PM Date 9/1 (2005 6:59 AM Dale 9/1120057;49 PM ( ., Agenda Item No. 16K15 September 13, 2005 Page 3 of 58 SPECIAL MAGISTRATE AGREEMENT THIS AGREEMENT has been made and entered into on this day of , 2005, by and between STEPHEN A. CUNNINGHAM, hereinafter referred to as "Special Magistrate," and COLLIER COUNTY, a political subdivision of the State of Florida, and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, hereinafter collectively referred to as the "Value Adjustment Board" (VAB). WITNESSETH 1. Commencement. This Agreement will commence upon execution of this Agreement by the last signing party, and shall terminate upon completion of the assignment and payment for same. 2. Assignment. The Special Magistrate shall conduct hearings on petitions to the Value Adjustment Soard regarding valuation of real estate or tangible personal property for the 2005 tax year. The Special Magistrate will conduct these hearings in accordance with the Rules of Procedure adopted by the Collier County Value Adjustment Board, administrative rules promulgated by the Florida Department of Revenue, and applicable Florida Statutes. The VAS Rules of Procedure are attached hereto as Exhibit A and incorporated herein as a part of this Agreement. These hearings will commence on or after October 14, 2005, and may continue each following day until completed. The Special Magistrate shall prepare in writing his/her findings of fact, conclusions of law, and recommendation to the Value Adjustment Board using the forms approved by the VAS. Time is of the essence in this regard as the VAS intends to meet as soon as possible after the completion of the hearings for purposes of adopting all recommendations by its Special Magistrates. To the extent reasonably possible the Special Magistrate will render hislher recommendation within 48 hours, but, in no event, more than five (5) days after the hearing. To this end, the VAS has requested in its solicitation of interest, and the Special Magistrate has represented, h;slher availability from October 13 to November 15, 2005. The Special Magistrate shall be compensated on an hourly basis for the time needed to complete his recommendations subject to the time limitations imposed in Paragraph 4 below. The VAS does not warrant that the Special Magistrate will be scheduled to serve any particular number of days or hear any number of cases. 3. Standards and Requirements. The Special Magistrate will comply with all Florida laws and administrative rules, and constitutional principles of due process when conducting the value adjustment hearings. The Collier County VAS and the County Attorney may provide additional direction or guidance to the Special Magistrate, such as its Rules and Procedures, for the conduct of the hearings. This guidance will be followed by the Special Magistrate to the extent that such guidance does not impede upon the Special Magistrate's independent decision-making. I r ( f Agenda Item No. 16K15 September 13, 2005 Page 4 of 58 The Special Magistrate will consider only acceptable appraisal practices when hearing all petitions but shall not engage in the re-appraisal of properties. The Special Magistrate will be responsible for preserving the record and his/her recommendations as required by Florida Statutes, F.A.C. Rule 12D-10, and the VAB Rules of Procedure. All recommendations shall be forwarded to the Clerk to the Board along with the evidentiary record for each hearing. The VAS will be responsible for providing a verbatim transcript and back-up audio recording of all proceedings. The Special Magistrate will be responsible for operating the audio recording equipment, if necessary. Sy execution of this Agreement, the Special Magistrate represents that s/he meets the requirements of s. 194.035, Fla. Stat. (2004) and will maintain all licensure required by this statute through completion of the Assignment. 4. Compensation. The Special Magistrate will be paid an hourly rate of $ 100.00 for services rendered in accordance with this Agreement. The Special Magistrate will maintain a record of time for his/her performance under this Agreement and shall submit an invoice to the VAB after completion of all scheduled hearings and recommendations to the VAS. This invoice shall be signed and certified by the Special Magistrate as being accurate. Upon receipt of a proper invoice, the VAS will pay the Special Magistrate in accordance with s. 218.70, Fla. Stat., otherwise known as the "Florida Prompt Payment Act." Any time required for research and preparation beyond the hours required to conduct hearings shall not exceed twice the number of hours required for hearings without documentation of the nEied for such additional hours and advance approval by the County Attorney's Office. Time spent traveling to the location of the hearing where the distance traveled exceeds 25 miles will be compensated at the hourly rate. The compensation paid to the Special Magistrate shall be borne three-fifths (3/5s) by the COUNTY and two-fifths (2/5s) by the SCHOOL BOARD. After payment of compensation to the Special Magistrate, the COUNTY will calculate the SCHOOL BOARD's share of the compensation paid and prepare an invoice for the SCHOOL BOARD. The SCHOOL BOARD agrees to pay the COUNTY within thirty (30) days of receipt of this invoice. 5. Costs and Expenses. The VAB shall provide the hearing rooms for all Special Magistrate hearings and shall be responsible for the costs of recording all hearings before the Special Magistrate. The VAB will provide the Special Magistrate with sufficient forms for the completion of his/her findings of facts and conclusions of law for each hearing. All clerical expenses incurred by the Special Magistrate in the performance of this Agreement shall be the sole responsibility of the Special Magistrate. 2 Agenda Item No. 16K 15 September 13, 2005 Page 5 of 58 6. Termination. If the Special Magistrate fails to perform his/her services in a manner consistent with this Agreement, the VAS may terminate this Agreement immediately for cause. The VAB reserves the right, in its absolute discretion, to refrain from scheduling any hearings with the Special Magistrate and to discontinue the services of the Special Magistrate at any time for convenience. If the VAB elects to terminate this Agreement for convenience, such election may be made with no less than 24 hours notice to the Special Magistrate. In recognition of the special time constraints attendant to VAS hearings, the parties hereto agree that 24 hours notice is reasonable in this instance. The VAB shall be the sole judge of non-performance. In the event the Special Magistrate is terminated for cause, which may include the failure to provide hislher recommendation in a timely manner, the Special Magistrate will be entitled only to compensation for hislher time in conducting hearings. 7. Renewal. Unless terminated pursuant to Section 6, this Agreement shall extend through the completion of the 2005 VAS hearings and the 30-day acceptance period provided herein. This Agreement may be renewed for an additional VAS session for two (2) consecutive years upon written notice by the VAS to the Special Magistrate prior to the expiration of this Agreement. The Special Magistrate will have thirty (30) days from the date of notice to accept or decline renewal of this Agreement. 8. No Improper Use. The Special Magistrate agrees he/she will not use, or suffer or permit any person to use in any manner, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule order or regulation. In the event of such violation by the Special Magistrate, the VAB shall have the right to suspend further work by the Special Magistrate or terminate this Agreement. 9. Unlawful Solicitation and Assignment of Agreement. By execution of this agreement, the Special Magistrate warrants that he/she has not employed, retained, paid or agreed to pay any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. The Special Magistrate further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer, agent, employee, subcontractor, or consultant to the Special Magistrate in connection with any services performed under the terms of this Agreement. The Special Magistrate expressly acknowledges that the VAB is entering into this . Agreement due to the qualifications and experience of Stephen A. Cunningham, and further agrees that there shall be no transfer or assignment of any part of this Agreement, except with the express written approval of the VAB, and all hearings will be conducted by Stephen A. Cunningham. 10. Relationship. Nothing contained herein shall create or be construed as creating a partnership between the VAB and the Special Magistrate. 3 r r r Agenda Item No. 16K15 September 13, 2005 Page 6 of 58 Nor shall this Agreement be construed as to constitute the Special Magistrate as an agent or employee of the V AB. 11. Non-discrimination. No person on the grounds of handicap, sex, race, color, religion, national original or age, will be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Agreement. 12. Records. The Special Magistrate shall maintain records of all accounts, invoices for reimbursable expenses and supporting documentation for any research or reports, for a period of five (5) years from completing the performance of this Agreement. Such records shall be sufficient to permit a proper pre- and post-audit in accordance with generally accepted accounting practices. The Special Magistrate shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes, and will permit the inspection of such records at the location where they are kept after reasonable notice. 13. Interpretation and Construction. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida; and this written Agreement along with the terms and conditions of RFP 05-3848, "Appraiser Special Magistrate for 2005 Collier County VAB," and the response thereto submitted by the undersigned party, which is incorporated herein by reference, shall constitute the entire agreement between the parties, and there are no other prior or contemporaneous, oral or written agreements, understandings or promises related to this Agreement. 14. Amendment. This Agreement may be modified only by written amendment executed by all parties. 15. Notice. When any party desires to give notice to the other, it must be given in writing and sent by regular mail or facsimile to the party for whom it is intended, as specified below: VALUE ADJUSTMENT BOARD c/o Ellen T. Chadwell, Esq. Office of County Attorney 3301 Tamiami Trail East 8th Floor (Bldg F) Naples, Florida 34112 Telephone: (239) 774-8400 Facsimile: (239) 774-0225 Copy to: Clerk to the Value Adjustment Board c/o Patricia Morgan, Supervisor Clerk of Courts 3301 Tamiami Trail East 4th Floor (Bldg F) Naples, Florida 34112 Telephone: (239) 774-8399 Facsimile: (239) 774-8408 4 Agenda Item No. 16K15 September 13, 2005 Page 7 of 58 16. Governing Law. This Agreement shall be governed by Florida law. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. As to SPECIAL MAGISTRATE: Witnesses: / JftJ.~ S~ re . Gr.p .pnl.p.fJ Print Name 4)~k Signature G f)"u yR.o~ '5 Print Name As to VALUE ADJUSTMENT BOARD: ATTEST: DWIGHT E. BROCK, CLERK By: , Deputy Clerk ~O~_.&~ Witnes~~.istant Count] Attornel M-:pl SignjIture /(v(JeJL.r c.... J~avct:r( Print Name ~~ Signatu ~ r ~ Lock Print N me ~ DATE: qgjkcj ( DATE: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY By: FRED W. COYLE, Chairman DATE: g 75''' (),5 COLLIER COUNTY DISTRICT SCHOOL BOARD By: c51~ ~\ STEVE FAIN, Financial Officer Collier County District School Board 5 Agenda Item No. 16K15 September 13, 2005 Page 8 of 58 r VALUE ADJUSTMENT BOARD RULES OF PROCEDURE CHAPTER 1 : ORGANIZATION 1. The Value Adjustment Board is a separate and distinct governmental body created by statute and is composed of three members of the Board of County Commissioners and two School Board Members. 2. One of the County Commissioners is required to the elected as Chairman of the Board. 3. The members of the Board may be temporarily replaced by other members of the respective boards (Le. the Commission and School Board) on appointment by their respective chairpersons. 4. Any three members of the Board constitute a quorum, except that each quorum must include at least one Commissioner and one School Board member. No meeting of the Board can take place without a quorum. r S. Two-fifths on the expenses of the Board are bome by the School Board and three-fifths by the County Commission. 6. As used herein, the word "Board" means "Value Adjustment Board" and "Special Magistrates. " CHAPTER 2: POWERS AND DUTIES 1. The Board must meet not earlier than 30 days, nor later than 60 days after the mailing of the "Notices of Proposed Property Taxes" by the Property Appraiser under section 194.011 (1), Florida Statutes; provided, however, that no Board hearing may be held before approval of all or any part of the assessment rolls by the Departments of Revenue. The Board is required to meet for the following purposes: (a) Hearing taxpayers' petitions relating to the amount of assessments. (b) Hearing complaints relating to Homestead exemptions. (c) Hearing appeals from exemptions denied, or disputes arising from exemption granted, upon the filing of exemption applications (Le. other than Homestead exemptions) (d) Hearing appeals concerning ad valorem tax deferrals and classifications. ".-- 6 Agenda Item No. 16K15 September 13, 2005 Page 9 of 58 Notwithstanding the foregoing, the Board may meet prior to the approval of the assessment rolls by the Department of Revenue, but not earlier than July 1, to hear appeals pertaining to the denial by the Property Appraiser of exemptions, agricultural classifications, and deferrals under (b), (c), and (d). In such event, the Board may not certify any assessments under Section 193.122 until after the Department has approval such assessments in accordance with Section 193.1142 and after all hearings have been help with respect to the Particular parcel under appeal. 2. The Board was authorized by state law to impose a filling fee not to exceed $15.00 for each separate parcel of property, real or personal, covered by taxpayers petitions (Le. with certain exceptions pertaining to denials of Homestead exemption and tax deferrals). Petitions filed without the appropriate filing fee are deemed invalid and must be rejected. 3. The Board is required to appoint special magistrates for the purpose of taking testimony and making recommendations to the Board, which recommendations the Board may act upon without further hearing. The Board has chosen to act upon such recommendations without further hearings. Appeals to the full Board by Taxpayers and the Property Appraiser requesting de novo review of the special magistrate's recommendations will be denied. Special magistrates must meet the criteria set forth in s. 194.035, Fla. Stat. 4. The Board is required to remain in session from day to day until all petitions, complaints, appeals, and disputes are heard. If all or any part of an assessment roll is disapproved by the Florida Department of Revenue, the Board is required to reconvene to hear petitions, complaints, appeals and disputes filed upon the finally approved roll or part of a roll. S. The Board has no power to fix the original valuation of property for ad valorem tax purposes or to grant an exemption not authorized by law. The Board is bound by the same standards as the County Property Appraiser in determining value and the granting of exemptions. With certain exceptions, all property, real and personal, must be assessed at fair market value as of January 1 of the tax year. The Board, or its special magistrates, may not reduce an assessment below fair market value (Le. in order to "equalize" it with other assessments), but for purposes of reviewing a petition, the Board may consider assessments among comparable properties within homogeneous area or neighborhoods. 6. The Board has no power to grant relief either by adjustment of the value of a property or by the granting of an exemption on the basis of hardship of a particular taxpayer. 7. The Board, in determining the valuation of a specific property, may not consider the ultimate amount of tax required by the various taxing authorities. 7 r (' ( Agenda Item No. 16K15 September 13, 2005 Page 10 of 58 8. The powers, authorities, duties and functions of the Board, insofar as they are appropriate, apply equally to real property and tangible personal property. 9. The Board may not extend the time for the filing of petitions. However, the failure to meet the statutory deadline for filing a petition is not a absolute bar to consideration of such a petition by the Board when the Board determines that the petitioner has demonstrated good cause for failure to timely file, justifying consideration, and that the delay will not in fact be prejudicial to the performance of its functions in the taxing process. The issue of whether a petitioner can demonstrate "good cause" for a late filing will be determined by the Special Magistrate in accordance with Chapter 4. 10. The Board is required to hear disputed or appealed applications for exemption and must grant such exemptions, in whole or in part, in accordance with the criteria established by law. In addition, the Board may review previously granted exemptions on its own motion or upon motion of the Property Appraiser. Review of an exemption application upon motion of the Board cannot be heard until the applicant has had at least five (5) calendar days notice of the Board's intent to review the application. 11. The Board will comply with all valid rules and regulations promulgated by the Florida Department of Revenue. CHAPTER 3: PRE-HEARING EVIDENCE ,EXCHANGE 1. At least fifteen (15) days before the scheduled hearing, the taxpayer/petitioner must provide the Property Appraiser with a written list and summary of evidence, along with copies of the all documentation to be presented at the hearing. The taxpayer/petitioner should take such measures as are necessary to ensure receipt of these materials by the Property Appraiser within this time period. The complete package must be provided to the Property Appraiser and two copies of the evidence package must be delivered to the Clerk to the Board for distribution to the Special Magistrate and for purposes of the record. 2. No later than seven (7) days before the hearing, if the Property Appraiser receives the taxpayer/petitioner's documentation, and if requested in writing by the taxpayer/petitioner, the Property Appraiser must provide the taxpayer/petitioner with a written list and summary of its evidence to be presented at hearing. This list and summary must likewise be accompanied with copies of the documentation to be presented. The evidence list must contain the property record card if provided by the Clerk. When computing the seven day period, Saturdays, Sundays and legal holidays shall not be included. 3. If the taxpayer/petitioner does not provide the information to the Property Appraiser at least 15 days prior to the hearing pursuant to Section 1 above, the Property Appraiser need not provide the information to the taxpayer/petitioner pursuant to Section 2. 8 Agenda Item No. 16K15 September 13, 2005 Page 11 of 58 If the Property Appraiser requests in writing any evidentiary materials of the taxpayer/petitioner, and the taxpayer/petitioner refuses to provide the requested materials prior to the hearing, such information shall not be presented or considered at the scheduled hearing by the Special Magistrate. (Fla. Stat. 194.034(1)(d)). 4. If the Property Appraiser does not provide the information within the time required under Section 2, the taxpayer/petitioner will be entitled to reschedule the hearing. In such event, the taxpayer must notify the Clerk no later than twenty-four (24) hours, excluding weekends and holidays, after the day of required production that the Property Appraiser did not fully comply, the details of such non-compliance, and request a reschedule in writing. After receipt of this written notice, the Clerk will re-schedule the hearing. S. The documentation exchanged under Section 1 and 2 above must be delivered by regular or certified mail, personal delivery, overnight mail, facsimile or e-mail. The date of transmission bye-mail or fax to an address provided by the addressee shall be deemed to constitute the date of delivery to the recipient. For such purpose, three e- mail or fax attempts to the address provided by the addressee will be deemed sufficient. If more than one fax number is provided, three (3) attempts must be made to each number to satisfy this requirement. "Provided" means made available in the manner designated by the property appraiser or by the taxpayer/petitioner in hislher submission of information, as via email.facsimile.U.S.Mail. or at the property appraiser's office for pick up. If the taxpayer/petitioner designates delivery by U.S. Mail or does not specifically designate the desired manner for receiving the Property Appraiser's information, the information shall be deposited into the mail by the Property Appraiser. The taxpayer/petitioner and the Property Appraiser may agree to a different method or timing of the exchange. 6. The information must be sent to the taxpayer/petitioner or agent at the address shown on the petition form; however, it may be submitted to an e-mail or fax address if so indicated by the taxpayer/petitioner. 7. In computing any period of time prescribed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. If the fifteenth day before a hearing is a Saturday, Sunday, or legal holiday, the information under subsection 2 shall be provided no later than the previous business day. 8. The summary of any testimony submitted pursuant to Sections 1 and 2 shall be sufficiently detailed as to reasonably inform a party of the general subject matter of the witness testimony, and shall contain the name and address of the witness. 9 r (' ( Agenda Item No. 16K15 September 13, 2005 Page 12 of 58 9. No taxpayer/petitioner may present nor shall the special magistrate accept for consideration any "testimony or other evidentiary materials" that were requested of the taxpayer/petitioner in writing by the Property Appraiser of which the taxpayer "had knowledge and denied to the Property Appraiser." (Section 194.034(1) (d), Florida Statutes.) 10. Neither the Board nor the special magistrate shall take any general action regarding compliance with this Chapter, but any action on each petition shall be considered on a case by case basis. Any action shall be based on a consideration of whether there has been a substantial noncompliance with this section, and shall be taken at a scheduled hearing and based on evidence presented at such hearing. "General action" means a prearranged course of conduct not based on evidence received in a specific case at a scheduled hearing on a petition. The normal remedy for such non-compliance shall be a rescheduling of the hearing to allow the petitioner an opportunity to review the information of the Property Appraiser. CHAPTER 4: CONDUCT OF HEARINGS; PROCEDURES 1. Proceedings of the Board must be conducted in compliance with the Florida Sunshine Law (i.e. Section 268.011, Florida Statutes): (a) (b) in the open. Reasonable notice must be given to the pUblic prior to a Board meeting. All Board meetings at which any official action may be taken must be held 2. Board and special magistrate hearings are required to the conducted in accordance with the applicable provisions of Chapter 194 and 196, Florida Statutes, and administrative rules promulgated by the Florida Department of Revenue. Chapter 120, Florida Statutes, does not apply to VAB proceedings, including hearings before the Special Magistrates. 3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is required to deliver to the person so filing, an acknowledgment of receipt of such petition and must promptly furnish a copy of same to the Property Appraiser. The failure to file the appropriate filing fee with the petition will result in the rejection of the petition. Any late-filed petitions received by the Clerk will be scheduled before a special magistrate in accordance with Section 4 below. 4. A late-filed petition will be scheduled for hearing before a Special Magistrate by the Clerk and reasonable notice given to the taxpayer/petitioner. If, after review of the evidence, the Special Magistrate finds that the taxpayer/petitioner has demonstrated both "good cause" justifying the late filing AND that delay will not be prejudicial to the Board's performance of its functions. s/he will issue the finding at conclusion of the hearing. Thereafter the Clerk will schedule the petition for a hearing. 10 Agenda Item No. 16K15 September 13, 2005 Page 13 of 58 All evidence to be presented to the Special Magistrate by the taxpayer/petition must be provided to the Property Appraiser no later than seven (7) days in advance of the "good cause" hearing. The time periods contained in Chapter 3 do not apply to "good cause" hearings. 5. The Clerk of the Board will prepare a schedule of appearances before the Board (Special Magistrates) based on petitions (including applications for Homestead Exemptions denied by the Property Appraiser) timely filed with him. The Clerk must notify each petitioner of the scheduled time of his appearance in writing by U.S. mail or Personal delivery so that the notice is received by the taxpayer no less than twenty-five (25) calendar days prior to the day of such scheduled appearance. The Clerk is deemed to have prima facie complied with such notice requirements if the notice is deposited in the U.S. Mail thirty (30) days prior to the day of such scheduled appearance. The Clerk will include a copy of the property record card with the notice in all cases, whether or not requested by the taxpayer. The Clerk will not schedule hearings in personal property cases, unless a return is filed within the time prescribed by the Board. 6. The petitioner has the right to reschedule his or her hearing ONE time by submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5) calendar days before the day of the originally scheduled hearing. This does not apply to "good cause" hearings. 7. The Board and its special magistrates act in a quasi-judicial capacity with respect to the conduct of these hearings. 8. Board members and special magistrates should disqualify themselves on their own initiative or upon motion of any party interest or other cause for which a judge may be recused, with respect to any appeal coming before the Board. 9. No Board member or special magistrate should communicate ex parte with any taxpayer or the Property Appraiser relative to the merits of any case. However, this should not preclude a Board member or speCial magistrate from communicating with a taxpayer or the Property Appraiser for proposes of obtaining additional raw data upon which a finding might be based. Any communications concerning the proper conclusion to be drawn from any such raw data would constitute a discussion of the merits and results in an ex parte communication prohibited by law. 10. (a) Any taxpayer may be represented by an attorney or agent before the Board or special magistrate, or may appear on his own behalf. (b) A condominium homeowners' association (or qualified incorporated mobile home park association) may appear before the Board or Special Magistrate to present testimony and evidence regarding the assessment of condominium units which said association represents. 11 Agenda Item No. 16K15 September 13, 2005 Page 14 of 58 (' Said testimony and evidence must also be considered by the Board or Special Magistrate with respect to petitions filed by individual condominium unit owners, unless the owner requests otherwise. 11. (a) Irrelevant, immaterial or unduly repetitious evidence may be excluded by the Board or special magistrate but all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs is admissible, whether or not such evidence would be admissible in a court of law. (b) Any part of a taxpayer's evidence may be received in written from, and all testimony of parties and witnesses is required to be made under oath upon the request of either party. The Special Magistrate or court reporter will administer the oath to all persons providing testimony, including parties. Witnesses for either party may be cross - examined by the other party when testimony is taken. (c) Hearsay evidence may be admitted for the purpose of supplementing .or explaining other evidence, but it is not sufficient in itself to support a finding unless it would be admissible over objection in a civil action in the courts of this State. 12. The Property Appraiser's determinations are entitled to a "presumption of correctness" and petitioning taxpayers have the burden to prove that the Property Appraiser's determinations are incorrect. (a) In the non-valuation cases (e.g. exemption and agricultural classification cases), this presumption of correctness can be properly rebutted only by evidence which excludes very reasonable hypothesis of a legal assessment. (b) In valuation cases, the Property Appraiser's valuation is still presumed correct, but the presumption is lost if the taxpayer establishes by a preponderance of the evidence that either the Property Appraiser (a) failed to properly consider all of the valuation criteria mandated by statute in computing the assessment, or (b) derived the assessment, arbitrarily based on appraisal practices different from those generally applied to comparable property within the same class and county. If the taxpayer overcomes the initial presumption of correctness, in the foregoing manner, he or she then has the burden to prove by a preponderance of the evidence that the assessment exceeds fair marker value. If, however, the taxpayer cannot overcome the property appraiser's initial presumption of correctness, then the taxpayer, in order to obtain relief, must prove that the assessment is excessive by clear and convincinQ evidence. In no case involving valuation, however, does the taxpayer have the burden of proving that the assessment is "not supported by any reasonable hypothesis of a leQal assessment. " 12 Agenda Item No. 16K15 September 13, 2005 Page 15 of 58 13. If the Property Appraiser's assessed value is determined to be erroneous, the Board can establish the assessment if there exists competent, substantial evidence in the record. If not, the Board must remand to the Property Appraiser with the appropriate directions for a redetermination of value. 14. The Clerk of the Board is required to maintain a verbatim record of all proceedings and must preserve all documentary evidence and listings for a period of not less than four (4) years. The Board and its special magistrates should insist that all documentary evidence relied upon by any party be incorporated into the Board's files. In the event a party refuses to relinquish possession of any such documentary evidence, the Board and its special magistrates should not consider the same in making a finding of fact or conclusion of law. 15 No petitioner may present, nor may the Board or special magistrate accept, testimony or other evidentiary materials for consideration that were requested of the petitioner in writing by the Property Appraiser of which the petitioner had knowledge, and denied to the Property Appraiser. No evidence shall be considered by the Board or special magistrate except when presented during the time scheduled for the petitioner's hearing, or at a time when the petitioner has been given reasonable notice. 16. Every decision of the Board or recommendation by a Special Magistrate must contain specific and detailed findings of fact, including both ultimate findings of fact and basic and underlying findings of fact. Each basic and underlying finding must be properly annotated to its supporting evidence. (a) An ultimate finding is a determination of fact is usually expressed in the language of a statutory standard and must be supported by and flow rationally from adequate basic and underlying findings. (b) . Basic and underlying findings are those findings on which the ultimate findings rest and which are supported by evidence. Basic and underlying findings are more detailed than the ultimate findings, but less detailed than a summary of evidence. (c) Reasons are those clearly stated grounds upon which the Board or Property Appraiser acted. 17. All decisions made must include the nature of the change made and indicate the just, taxable, and exempt value before and after the change. 18. The Special Magistrate shall render a written recommendation in a form provided by the Clerk of the Board, within five (5) days of the hearing. This recommendation may, but need not, be rendered at the conclusion of the hearing. All recommendations are presented to the Board at a publicly noticed meeting and approved by the Board without further hearing. 13 Agenda Item No. 16K15 September 13, 2005 Page 16 of 58 19. All final decisions by the Board must be issued within twenty (20) calendar days of the last day the Board is in session, and the clerk, upon issuance thereof, must notify by first class mail each taxpayer, the Property Appraiser and the Department of Revenue of the decision of the Board. If no decision is rendered in a case, the reason therefore must be placed in the records, compiled by the Clerk and maintained along with the verbatim record. . f 14 Agenda Item No. 16K15 September 13, 2005 Page 17 of 58 . SPECIAL MAGISTRATE AGREEMENT THIS AGREEMENT has been made and entered into on this day of , 2005, by and between SOUTH FLORIDA VALUATION SERVICES. INC. hereinafter referred to as "Special Magistrate," and COLLIER COUNTY, a political subdivision of the State of Florida, and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, hereinafter collectively referred to as the "Value Adjustment Board" (VAB). WITNESSETH 1. Commencement. This Agreement will commence upon execution of this Agreement by the last signing party, and shall tenninate upon completion of the assignment and payment for same. 2. Assignment. The Special Magistrate shall conduct hearings on petitions tQ the Value Adjustment Board regarding valuation of real estate or tangible personal property for the 2005 tax year. The Special Magistrate will conduct these hearings in accordance with the Rules of Procedure adopted by the Collier County Value Adjustment Board, administrative rules promulgated by the Florida Department of Revenue, and applicable Florida Statutes. The VAB Rules of Procedure are attached hereto as Exhibit A and incorporated herein as a part of this Agreement. These hearings will commence on or after October 14, 2005, and may continue each following day until completed. The Special Magistrate shall prepare in writing hislher findings of fact, conclusions of law, and recommendation to the Value Adjustment Board using the fonns approved by the VAS. Time;s of the essence in this regard as the VAS intends to meet as soon as possible after the completion of the hearings for purposes of adopting all recommendations by its Special Magistrates. To the extent reasonably possible the Special Magistrate will render hislher recommendation within 48 hours, but, in no event, more than five (5) days after the hearing. To this end, the VAB has requested in its solicitation of interest, and the Special Magistrate has represented, hislher availability from October 13 to November 15, 2005. The Special Magistrate shall be compensated on an hourly basis for the time needed to complete his recommendations subject to the time limitations imposed in Paragraph 4 below. The VAS does not warrant that the Special Magistrate will be scheduled to serve any particular number of days or hear any number of cases. 3. Standards and Requirements. The Special Magistrate will comply with all Florida laws and administrative rules, and constitutional principles of due process when conducting the value adjustment hearings. The Collier County VAS and the County Attorney may provide additional direction or guidance to the Special Magistrate, such as its Rules and Procedures, for the conduct of the hearings. This guidance will be followed by the Special Magistrate to the extent that such guidance does not impede upon the Special Magistrate's independent decision-making. 1 r Agenda Item No, 16K15 September 13, 2005 "\, Page 18 of 58 -. The Special Magistrate will consider only acceptable appraisal practices when hearing all petitions but shall not engage in the re-appraisal of properties. The Special Magistrate will be responsible for preserving the record and hislher recommendations as required by Florida Statutes, F.A.C. Rule 120-10, and the VAB Rules of Procedure. All recommendations shall be forwarded to the Clerk to the Board along with the evidentiary record for each hearing. The V AB will be responsible for providing a verbatim transcript and back-up audio recording of ~II proceedings. The Special Magistrate will be responsible for operating the audio recording equipment, if necessary. By execution of this Agreement, the SpeCial Magistrate represents that sJhe meets the requirements of s. 194.035, Fla. Stat. (2004) and will maintain all licensure required by this statute through, completion of the Assignment. 4. Compensation. The Special Magistrate will be paid an hourly rate of $ 95.00 for services rendered in accordance with this Agreement The Special Magistrate will maintain a record of time for his/her performance under this Agreement and shall submit an invoice to the VAB after completion of all scheduled hearings and recommendations to the VAB. This invoice shall be signed and certified by the Special Magistrate as being accurate. Upon receipt of a proper invoice, the V AB will pay the Special ,- Magistrate in accordance with s. 218.70, Fla. Stat., otherwise known as the "Florida Prompt Payment Act." Any time required for research and preparation beyond the hours required to conduct hearings shall not exceed twice the number of hours required for hearings without documentation of the need tbr such additional hours and advance approval by the County Attorney's Office. Time spent traveling to the location of the hearing where the distance traveled exceeds 25 miles will be compensated at the hourly rate. The compensation paid to the Special Magistrate shall be borne three-fifths (3/5s) by the COUNTY and two-fifths (215s) by the SCHOOL BOARD, After payment of compensation to the Special Magistrate, the COUNTY will calculate the SCHOOL BOARD's share of the compensation paid and prepare an invoice for the SCHOOL BOARD. The SCHOOL BOARD agrees to pay the COUNTY within thirty (30) days of receipt of this invoice. 5. Costs and Expenses. The VAB shall provide the hearing rooms for all Special Magistrate hearings and shall be responsible for the costs of recording all hearings before . the Special Magistrate. The V AB will provide the Special Magistrate with sufficient forms for the completion of hislher findings of facts and conclusions of law for each hearing. All clerical expenses incurred by the Special Magistrate in the performance of this Agreement shall be the sole responsibility of the Special Magistrate. 2 Agenda Item No. 16K15 September 13, 2005 Page 19 of 58 6. Tennination. If the Special Magistrate fails to perform hislher services in a manner consistent with this Agreement, the VAS may terminate this Agreement immediately for cause. The VAS reserves the right, in its absolute discretion, to refrain from scheduling any hearings with the Special Magistrate and to discontinue the services of the Special Magistrate at any time for convenience. If the VAS elects to terminate this Agreement for convenience, such election may be made with no less than 24 hours notice to the Special Magistrate. In recognition of the special time constraints attendant to VAS hearings, the parties hereto agree that 24 hours notice is reasonable in this instance. The VAS shall be the sole judge of non-performance. In the event the Special Magistrate is terminated for cause, which may include the failure to provide hislher recommendation in a timely manner, the Special Magistrate will be entitled only to compensation for hislher time in conducting hearings. 7. Renewal. Unless terminated pursuant to Section 6, this Agreement shall extend through the completion of the 2005 VAB hearings and the 30-day acceptance period provided herein. This Agreement may be renewed for an additional VAS session for two (2) consecutive years upon written notice by the VAS to the Special Magistrate prior to the expiration of this Agreement. The Special Magistrate will have thirty (30) days from the date of notice to accept or decline renewal of this Agreement. 8. No Improper Use. The Special Magistrate agrees he/she will not use, or suffer or permit any person to use in any manner, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, c:ounty or municipal ordinance, rule order or regulation. In the event of such violation by the Special Magistrate, the VAS shall have the right to suspend further work by the Special Magistrate or terminate this Agreement. 9. Unlawful Solicitation and Assignment of Agreement By execution of this agreement, the Special Magistrate warrants that he/she has not employed, retained, paid or agreed to pay any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. The Special Magistrate further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer, agent, employee, subcontractor, or consultant to the Special Magistrate in connection with any services performed under the terms of this Agreement. The Special Magistrate expressly acknowledges that the VAS is entering into this I Agreement due to the qualifications and experience of Mark Pelletier, principal of South Florida Valuation Services, Inc., and further agrees that there shall be no transfer or assignment of any part of this Agreement, except with the express written approval of the VAB, and all hearings will be conducted by Mark Pelletier. . 10. Relationship. Nothing contained herein shall create or be construed as creating a partnership between the VAS and the Special Magistrate. Nor shall this Agreement 3 Agenda Item No. 16K15 September 13, 2005 Page 20 of 58 be construed as to constitute the Special Magistrate as an agent or employee of the VAS. 11. Non-discrimination. No person on the grounds of handicap, sex, race, color, religion, national original or age, will be excluded from participation in, be denied benefits of; qr be otherwise subjected to discrimination in the performance of this Agreement. 12. Records. The Special Magistrate shall maintain records of all accounts, invoices for reimbursable expenses and supporting documentation for any research or reports, for a period of fIVe (5) years from completing the performance of this Agreement. Such records shall be sufficient to permit a proper pre- and post-audit in accordance with generally accepted accounting practices. The Special Magistrate shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes, and will permit the inspection of such records at the location where they are kept after reasonable notice. 13. Interpretation and Construction. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida; and this written Agreement along with the terms and conditions of RFP 05-3848, "Appraiser Special Magistrate for 2005 Collier County VAS," and the response thereto submitted by the undersigned party, which is incorporated herein by reference, shall constitute the entire agreement between the parties, and there are no other prior or contemporaneous, oral or written agreements, understandings or promises related to this Agreement. 14. Amendment This Agreement may be modified only by written amendment executed by all parties. .-wr""...,:,.......:'..'.., . .<: 15. Notice. When any party desires to give notice to the other, it must be . given in writing and sent by regular mail or facsimile to the party for whom it is intended, as specified below: VALUE ADJUSTMENT BOARD c/o Ellen T. Chadwell, Esq. Office of County Attorney 3301 Tamiami Trail East 8th Floor (Bldg F) Naples, Florida 34112 Telephone: (239) 774-8400 Facsimile: (239) 774-0225 SPECIAL MAGISTRATE t!fr~, Pe//(!I-;cr;RIfJ. SR4 ~. _X' 33"'_( Palm P.x>nrh ell..rclerzs ,::.,- 3342.0 ' Copy to: Clerk to the Value Adjustment Board c/o Patricia Morgan, Supervisor Clerk of Courts 3301 Tamiami Trail East 4th Floor (Sldg F) Naples, Florida 34112 Telephone: (239) 774-8399 Facsimile: (239) 774-8408 4 Agenda Item No. 16K15 September 13, 2005 Page 21 of 58 16. Governing Law. This Agreement shall be governed by Florida law. IN WITNESS WHEREOF, the parties have hereunto affIXed their signatures by their duly authorized representatives. As to SPECIAL MAGISTRATE: ~Jt~ St, ture ~\\ .' \ \ (\~ . R.:.tl ~r Print Name Rf^'~) Q.~ SiglJature .JS \ "'1\l\L-- \T. l../\ J S"h~ Pnnt Name DATE: Of /J... s/oS . r SOUTH FLORIDA VALUATION SER~, INC. By: -1~ _mo-rtc... rei kh~ ,O~t'~ dJ Print Name and Title { As to VALUE ADJUSTMENT BOARD: DATE: ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OFCOUNTY COMMISSIONERS OF COLLIER COUNTY By: FRED W. COYLE, Chairman , Deputy Clerk l12?"' V"'C}~J - Assistant County Attorney WitnesseS:l1 en T. Chldd 11 Si~ . ot3eiJ r c::.... JjJt::7..;~ pnnt Name ~ A:>A.bt- S[~ Lur:kw---r Print N me DATE: g -1;)-0;- COLLIER COUNTY DISTRICT SCHOOL BOARD By: ~~ STEVE FAIN, Financial Officer Collier County District School Board 5 Agenda Item No. 16K15 September 13, 2005 Page 22 of 58 ..~ VALUEADJUS~ENTBOARD RULES OF PROCEDURE CHAPTER 1 : ORGANIZATION 1. The Value Adjustment Board is a separate and distinct governmental body. created by statute and is composed of three members of the Board of County Commissioners and two School Board Members. 2. One of the County Commissioners is required to the elected as Chainnan of the Board. 3. The members of the Board may be temporarily replaced by other members of the respective boards (i.e. the Commission and School Board) on appointment by their respective chairpersons. 4. Any three members of the Board constitute a quorum, except that each quorum must include at least one Commissioner and one Schoat Board member. No meeting of the Board can take place without a quorum. S. Two-fifths on the expenses of the Board are borne by the School Board and three-fifths by the County Commission. 6. As used herein, the word "Board" means "Value Adjustment Board" and "Special Magistrates. " CHAPTER 2:" POWERS AND DUTIES 1. The BOard must meet not earlier than 30 days, nor later than 60 days after the mailing of the "Notices of Proposed Property Taxes" by the Property Appraiser under section 194.011 (1), Florida Statutes; provided, however, that no Board hearing may be held before approval of all or any part of the assessment rolls by the Departments of Revenue. The Board is required to meet for the following purposes: (a) Hearing taxpayers' petitions relating to the amount of assessments. (b) Hearing complaints relating to Homestead exemptions. (c) Hearing appeals from exemptions denied, or disputes anslng from exemption granted, upon the filing of exemption applications (i.e. other than Homestead exemptions) (d) Hearing appeals concerning ad valorem tax deferrals and classifications. _. ( 6 Agenda Item No. 16K15 September 13, 2005 Page 23 of 58 Notwithstanding the foregoing, the Board may meet prior to the approval of the assessment rolls by the Department of Revenue, but not earlier than July 1, to hear appeals pertaining to the denial by the Property Appraiser of exemptions, agricultural classifications, and deferrals under (b), (c), and (d). In suoh event, the Board may not certify any assessments under Section 193.122 until after the Department has approval such assessments in accordance with Section 193.1142 and after all hearings have been help with respect to the Particular parcel under appeal. 2. The Board was authorized by state law to impose a filling fee not to exceed $15.00 for each separate parcel of property, real or personal. covered by taxpayers petitions (i.e. with certain exceptions pertaining to denials of Homestead exemption and tax deferrals). Petitions filed without the appropriate filing fee are deemed invalid and must be rejected. ' 3. The Board is required to appoint special magistrates for the purpose of taking testimony and making recommendations to the Board, which recommendations the Board may act upon without further hearing. The Board has chosen to ad upon such recommendations without further hearings. Appeals to the full Board by Taxpayers and the Property Appraiser requesting de novo review of the special magistrate's recommendations will be denied. Special magistrates must meet the criteria set forth in s. 194.035, Fla. Stat. 4. The Board is required to remain in session from day to day until aJI petitions, complaints, appeals, and disputes are heard. If all or any part of an assessment roll is disapproved by the Florida Department of Revenue, the Board is required to reconvene to hear petitions, complaints, appeals and disputes filed upon the finally approved roll or part of a roll. 5. The Board has no power to fix the original valuation of property for ad valorem tax purposes or to grant an exemption not authorized by law. The Board is bound by the same standards as the County Property Appraiser in determining value and the granting of exemptions. With certain exceptions. all property, real and personal, must be assessed at fair market value as of January 1 of the tax year. The Board, or its special magistrates, may not reduce an assessment below fair market value (i.e. in order to "equalize" it with other assessments), but for purposes of reviewing a petition, the Board may consider assessments among comparable properties within homogeneous area or neighborhoods. 6. The Board has no power to grant relief either by adjustment of the value of a property or by the granting of an exemption on the basis of hardship of a particular taxpayer. 7. The Board, in determining the valuation of a specific property. may not consider the ultimate amount of tax required by the various taxing authorities. 7 Agenda Item No. 16K15 September 13,2005 Page 24 of 58 8. The powers, authorities, duties and functions of the Board, insofar as they are appropriate, apply equally to real property and tangible personal property. 9. The Board may not extend the time for the filing of petitions: However, the failure to meet the statutory deadline for filing a petition is not a absolute bar to consideration of such a petition by the Board when the Board determines that the petitioner has demonstrated good cause for failure to timely file, justifying consideration, and that the delay will not in fact be prejudicial to the performance of its functions in the taxing process. The issue of whether a petitioner can demonstrate "good cause" for a late filing will be detennined by the Special Magistrate in accordance with Chapter 4. 10. The Board is required to hear disputed or appealed applications for exemption and must grant such exemptions, in whole or in part, in accordance with the criteria established bylaw. In addition, the Board may review previously granted exemptions on its own motion or upon motion of the Property Appraiser. Review of an exemption application upon motion of the Board cannot be heard until the applicant has had at least fIVe (5) calendar days notice of the Board's intent to review the application. 11. The Board will comply with all valid rules and regulations promulgated by the Florida Department of Revenue. CHAPTER 3: PRE-HEARlNG EVIDENCE EXCHANGE . 1. At least fifteen (15) days before the scheduled hearing, the taxpayer/petitioner must provide the Property Appraiser with a written list and summary of evidence, along with copies of the all documentation to be presented at the hearing. The taxpayer/petitioner should take such measures as are necessary to ensure receipt of these materials by the Property Appraiser within this time period. The complete package must be provided to the Property Appraiser and two copies of the evidence package must be delivered to the Clerk to the Board for distribution to the Special Magistrate and for purposes of the record. 2. No later than seven (7) days before the hearing, if the Property Appraiser receives the taxpayer/petitioner's documentation, and if requested in writing by the taxpayer/petitioner, the Property Appraiser must provide the taxpayer/petitioner with a written list and summary of -its evidence to be presented at hearing. This list and summary must Iikewisa be accompanied with copies of the documentation to be presented. The evidence list must contain the property record card if provided by the Clerk. When computing the seven day period, Saturdays, Sundays and legal holidays shall not be included. 3. If the taxpayer/petitioner does not provide the information. to the Property Appraiser at least 15 days prior to the hearing pursuant to Section 1 above, the Property Appraiser need not provide the infonnation to the taxpayer/petitioner pursuant to Section 2. 8 Agenda Item No. 16K15 September 13. 2005 Page 25 of 58 If the Property Appraiser requests in writing any evidentiary materials of the taxpayer/petitioner, and the taxpayer/petitioner refuses to provide the requested materials prior to the hearing, such information shall not be presented or considered at the scheduled hearing by the Special Magistrate. (Fla. Stat. 194.034(1){d)). 4. If the Property Appraiser does not provide the information within the time required under Section 2, the taxpayer/petitioner will be entitled to reschedule the hearing. In such event, the taxpayer must notify the Clerk no Jater than twenty-four (24) hours, excluding weekends and holidays, after the day of required production that the Property Appraiser did not fully comply, the details of such non-compliance, and request a reschedule in writing. After receipt of this written notice, the Clerk will re-schedule the hearing. 5. The documentation exchanged under Section 1 and 2 above must be delivered by regular or certified mail, personal delivery,ovemight mail, facsimile or e-mail. The date of transmission by e-mail or fax to an address provided by the addressee shall be deemed to constitute the date of delivery to the recipient. For such purpose, three e- mail Of fax attempts to the address provided by the addressee will be deemed sufficient. If more than one fax numbef is provided, three (3) attempts must be made to each number to satisfy this requirement. "Provided" means made available in the manner designated by the property appraiser or by the taxpayer/petitioner in hislher submission of information, as via email.facsimile.U.S.Mail. or at the property appraiser's office for pick. up. If the taxpayer/petitioner designates delivery by U.S. Mail or does not specifically designate the desired manner for receiving the Property Appraiser's information, the information shall be deposited into the mail by the Property Appraiser. The taxpayer/petitioner and the Property Appraiser may agree to a different method or timing of the exchange. 6. The information must be sent to the taxpayer/petitioner or agent at the address shown on the petition form; however, it may be submitted to an e-mail or fax address if so indicated by the taxpayer/petitioner. 7. In computing any period of time prescribed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. If the ~nth day before a hearing is a Saturday, Sunday, or legal holiday, the information under subsection 2 shall be provided no later than the previous business day. 8. The summary of any testimony submitted pursuant to Sections 1 and 2 shall be sufficiently detailed as to reasonably inform a party of the general subject matter of the witness testimony, and shall contain the name and address of the witness. 9 Agenda Item No. 16K15 September 13, 2005 Page 26 of 58 9. No taxpayer/petitioner may present nor shall the special magistrate accept for consideration any "testimony or other evidentiary materials" that were requested of the taxpayer/petitioner in writing by the Property Appraiser of which the taxpayer "had knowledge and denied to the Property Appraiser." (Section 194.034(1) (d), Florida Statutes. ) 10. Neither the Board nor the special magistrate shall take any general action regarding compliance with this Chapter, but any action on each petition shall be considered on a case by case basis. Any action shall be based on a consideration of whether there has been a substantial noncompliance with this section, and shall be taken at a scheduled hearing and based on evidence presented at such hearing. "General action" means a prearranged course of conduct not based on. evidence received in a specific case at a scheduled hearing on a petition. The normal remedy for such non-compliance shall be a rescheduling of the hearing to allow the petitioner an opportunity to review the information of the Property Appraiser. CHAPTER 4: CONDUCT OF HEARINGS; PROCEDURES 1. Proceedings of the Board must be conducted in compliance with the Florida Sunshine Law (i.e. Section 268.011, Florida Statutes): (a) Reasonable notice must be given to the public prior to a Board meeting. (b) All Board meetings at which any official action may be taken must be held in the open. 'it< 2. Board and special magistrate hearings are required to the conducted in accordance with the applicable provisions of Chapter 194 and 196, Florida Statutes, and administrative rules promulgated by the Florida Department of Revenue. Chapter 120, Florida Statutes, does not apply to VAB proceedings, including hearings before the Special Magistrates. 3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is required to deliver to the person so filing, an acknowledgment of receipt of such petition and must promptly fumish a copy of same to the Property Appraiser. The failure to file the appropriate filing fee with the petition will result in the rejection of the petition. Any late-filed petitions received by the Clerk will be scheduled before a special magistrate in accordance with Section 4 below. 4. A late-filed petition will be scheduled for hearing before a Special Magistrate by the Clerk and reasonable notice given to the taxpayer/petitioner. If,atter review of the evidence, the Special Magistrate finds that the taxpayer/petitioner has demonstrated both "good cause" justifying the late filing AND that delay will not be prejudicial to the Board's performance of its functions, slhe will issue the finding at conclusion of the hearing. Thereafter the Clerk will schedule the petition for a hearing. (- 10 Agenda Item No. 16K15 September 13, 2005 Page 27 of 58 All evidence to be presented to the Special Magistrate by the taxpayer/petition must be provided to the Property Appraiser no later than seven (7) days in advance of the "good cause" hearing. The time periods contained in Chapter 3 do not apply to .good cause" hearings. 5. The Clerk of the Board will prepare a schedule of appearances before the Board (Special Magistrates) based on petitions (including applications for Homestead Exemptions denied by the Property Appraiser) timely filed with him. The Clerk must notify each petitioner of the scheduled time of his appearance in writing by U.S. mail or Personal delivery so that the notice is received by the taxpayer no less than twenty-five (25) calendar days prior to the day of such scheduled appearance. The Clerk is deemed to have prima facie complied with such notice requirements if the notice is deposited in the U.S. Mail thirty (30) days prior to the day of such scheduled appearance. The Clerk will include a copy of the property record card with the notice in all cases, whether or not requested by the taxpayer. The Clerk will not schedule hearings in personal orooertv cases, unless a return is filed within the time prescribed by the Board. 6. The petitioner has the right to reschedule his or her hearing ONE time by submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5) calendar days before the day of the originally scheduled hearing. This does not apply to "good cause" hearings. 7. The Board and its special magistrates act in a quasi-judicial capacity with respect to the conduct of these hearings. 8. Board members and special magistrates should disqualify themselves on their own initiative or upon motion of any party interest or other cause for which a judge may be recused, with respect to any appeal coming before the Board. 9. No Board member or special magistrate should communicate ex parte with any taxpayer or the Property Appraiser relative to the merits of any case. However, this should not preclude a Board member or special magistrate from communicating with a taxpayer or the Property Appraiser for proposes of obtaining additional raw data upon which a finding might be based. Any communications concerning the DroDer conclusion to be drawn from any such raw data would constitute a discussion of the merits and results in an ex parte communication prohibited by law. 10. (a) Any taxpayer may be represented by an attorney or agent before the Board or special magistrate, or may appear on his own behalf. (b) A condominium homeowners' association (or qualified incorporated mobile home park association) may appear before the Board or Special Magistrate to present testimony and evidence regarding the assessment of condominium units which said association represents. 11 Agenda Item No. 16K15 September 13, 2005 Page 28 of 58 ,- Said testimony and evidence must also be considered by the Board or Special Magistrate with respect to petitions filed by individual condominium unit owners, unless the owner requests otherwise. 11. (a) Irrelevant, immaterial or unduly repetitious evidence may be excluded by the Board or special magistrate but all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs is admissible, whether or not such evidence would be admissible in a court of law. (b) Any part of a taxpayer's evidence may be received in written from, and all testimony of parties and witnesses is required to be made under oath upon the request of either party. The Special Magistrate or court reporter will administer the oath to all persons providing testimony, including parties. Witnesses for either party may be cross - examined by the other party when testimony is taken. (c) Hearsay evidence may be admitted for the purpose of supplementing or explaining other evidence, but it is not sufficient in itsetf to support a finding unless it would be admissible over objection in a civil action in the courts of this State. . 12. The Property Appraiser's determinations are entitled to a upresumption of correctness" and petitioning taxpayers have the burden to prove that the Property Appraiser's determinations are incorrect. (a) In the non-valuation cases (e.g. exemption and agricultural classification cases), this presumption of correctness can be properly rebutted only by evidence which excludes very reasonable hvoothesis of a legal assessment. (b) In valuation cases, the Property Appraiser's valuation is stilJ presumed correct, but the presumption is lost if the taxpayer establishes by a preponderance of the evidence that either the Property Appraiser (a) failed to properly consider all of the valuation criteria mandated by statute in computing the assessment, or (b) derived the assessment arbitrarily based on appraisal practices different from those generally applied to comparable property within the same class and county. If the taxpayer overcomes the initial presumption of correctness, in the foregoing manner, he or she then has the burden to prove by a preponderance of the evidence that the assessment exceeds fair marker value. If, however, the taxpayer cannot overcome the property appraiser's initial presumption of correctness, then the taxpayer, in order to obtain relief, must prove that the assessment is excessive by clear and convincino evidence. In no case involving valuation, however, does the taxpayer have the burden of proving that the assessment is Unot supported by any reasonable hypothesis of a legal assessment." .,,...-... 12 Agenda Item No. 16K15 September 13, 2005 Page 29 of 58 13. If the Property Appraiser's assessed value is detennined to be erroneous, the Board can establish the assessment if there exists competent, substantial evidence in the record. If not, the Board must remand to the Property Appraiser with the appropriate directions for a redetermination of value. 14. The Clerk of the Board is required to maintain a verbatim record of all proceedings and must preserve all documentary evidence and listings for a period of not less than four (4) years. The Board and its special magistrates should insist that all documentary evidence relied upon by any party be incorporated into the Board's files. In the event a party refuses to relinquish possession of any such documentary evidence, the Board and its special magistrates should not consider the same in making a finding of fact or conclusion of law. 15 No petitioner may present, nor may the Board or special magistrate accept, testimony or other evidentiary materials for consideration that were requested of the petitioner in writing by the Property Appraiser of which the petitioner had knowledge, and denied to the Property Appraiser. No evidence shall be considered by the Board or special magistrate except when presented during the time scheduled for the petitioner's hearing, or at a time when the petitioner has been given reasonable notice. 16. Every decision of the Board or recommendation by a Special Magistrate must contain specific and detailed findings of fact, including both ultimate findings of fact and basic and underlying findings of fact. Each basic and underlying finding must be properly annotated to its supporting evidence. (a) An ultimate finding is a detennination of fact is usually expressed in the language of a statutory standard and must be supported by and flow rationally from adequate basic and underlying findings. (b) Basic and underlying findings are those findings on which the ultimate findings rest and which are supported by evidence. Basic and underlying findings are more detailed than the ultimate findings, but less detailed than a summary of evidence. . . (c) Reasons are those clearly stated grounds upon which the Board or Property Appraiser acted. 17. All decisions made must include the nature of the change made and indicate the just, taxable, and exempt value before and after the change. 18. The SpeCial Magistrate shall render a written recommendation in a form provided by the Clerk of the Board, within five (5) days of the hearing. This recommendation may, but need not, be rendered at the conclusion of the hearing. All recommendations are presented to the Board at a publicly noticed meeting and approved by the Board without further hearing. 13 r r - r Agenda Item No. 16K15 September 13, 2005 Page 30 of 58 19. All final decisions by the Board must be issued within twenty (20) calendar days of the last day the Board is in session, and the clerk I upon issuance thereof, must notify by first class mail each taxpayer', the Property Appraiser and the Department of Revenue of the decision of the Board. If no decision is rendered in a case, the reason therefore must be placed in the records, compiled by the Clerk and maintained along with the verbatim record. 14 " , .' ,- Agenda Item No. 16K15 September 13, 2005 Page 31 of 58 SPECIAL MAGISTRATE AGREEMENT THIS AGREEMENT has been made and entered into on this day of , 2005, by and between CECIL L. NEFF & ASSOCIATES. INC. hereinafter referred to as "Special Magistrate/' and COLLIER COUNTY, a political subdivision of the State of Florida, and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, hereinafter collectively referred to as the 'Value Adjustment Board" (VAB). WITNESSETH 1. Commencement. This Agreement will commence upon execution of this Agreement by the last signing party, and shall terminate upon completion of the assignment and payment for same. 2. Assignment. The Special Magistrate shall conduct hearings on petitions to the Value Adjustment Soard regarding valuation of real estate or tangible personal property for the 2005 tax year. The Special Magistrate will conduct these hearings in accordance with the Rules of Procedure adopted by the Collier County Value Adjustment Board, administrative rules promulgated by the Florida Department of Revenue, and applicable Florida Statutes. The VAS Rules of Procedure are attached hereto as Exhibit A and incorporated herein as a part of this Agreement. These hearings will commence on or after October 14, 2005, and may continue each following day until completed. The Special Magistrate shall prepare in writing his/her findings of fact, conclusions of law, and recommendation to the Value Adjustment Soard using the forms approved by the VAB. Time is of the essence in this regard as the VAB intends to meet as soon as possible after the completion of the hearings for purposes of adopting all recommendations by its Special Magistrates. To the extent reasonably possible the Special Magistrate will render hislher recommendation within 48 hours, but, in no event, more than five (5) days after the hearing. To this end, the VAS has requested in its solicitation of interest, and the Special Magistrate has represented, his/her availability from October 13 to November 15, 2005. The Special Magistrate shall be compensated on an hourly basis for the time needed to complete his recommendations subject to the time limitations imposed in Paragraph 4 below. The VAB does not warrant that the Special Magistrate will be scheduled to serve any particular number of days or hear any number of cases. 3. Standards and Requirements. The Special Magistrate will comply with all Florida laws and administrative rules, and constitutional principles of due process when conducting the value adjustment hearings. The Collier County VAB and the County Attomey may provide additional direction or guidance to the Special Magistrate, such as its Rules and Procedures, for the conduct of the hearings. This guidance will be followed by the Special Magistrate to the extent that such guidance does not impede upon the Special Magistrate's independent decision-making. '. Agenda Item No. 16K15 September 13, 2005 Page 32 of 58 The Special Magistrate will consider only acceptable appraisal practices when hearing all petitions but shall not engage in the re-appraisal of properties. The Special Magistrate will be responsible for preserving the record and his/her recommendations as required by Florida Statutes, F.A.C. Rule 12D-10, and the VAB Rules of Procedure. All recommendations shall be forwarded to the Clerk to the Board along.with the evidentiary record for each hearing. The VAB will be responsible for providing a verbatim transcript and back-up audio recording of all proceedings. The Special Magistrate will be responsible for operating the audio recording equipment, if necessary. ,f Sy execution of this Agreement, the Special Magistrate represents that s/he meets the requirements of s. 194.035, Fla. Stat. (2004) and will maintain all licensure required by this statute through completion of the Assignment. 4. Compensation. The Special Magistrate will be paid an hourly rate of $ 110.00 for services rendered in accordance with this Agreement. The Special Magistrate will maintain a record of time for his/her performance under this Agreement and shall submit . an invoice to the VAS after completion of all scheduled hearings and recommendations to the VAS. This invoice shall be signed and certified by the Special Magistrate as being accurate. Upon receipt of a proper invoice, the VAS will pay the Special Magistrate in accordance with s. 218.70, Fla. Stat., otherwise known as the "Florida Prompt Payment Act." Any time required for research and preparation beyond the hours required to conduct hearings shall not exceed twice the number of hours required for hearings without documentation of the need for such additional hours and advance approval by the County Attorney's Office. Time spent traveling to the location of the hearing where the distance traveled exceeds 25 miles will be compensated at the hourly rate. The compensation paid to the Special Magistrate shall be borne three-fifths (3/Ss) by the COUNTY and two-fifths (2/Ss) by the SCHOOL BOARD. After payment of compensation to the Special Magistrate, the COUNTY will calculate the SCHOOL SOARD's share of the compensation paid and prepare an invoice for the SCHOOL SOARD. The SCHOOL BOARD agrees to pay the COUNTY within thirty (30) days of receipt of this invoice. S. Costs and Expenses. The VAS shall provide the hearing rooms for all Special Magistrate hearings and shall be responsible for the costs of recording all hearings before the Special Magistrate. The VAB will provide the Special Magistrate with sufficient forms for the completion of hislher findings of facts and conclusions of law for each hearing. All clerical expenses incurred by the Special Magistrate in the performance of this Agreement shall be the sole responsibility of the Special Magistrate. r 2 " '. Agenda Item No. 16K15 September 13, 2005 Page 33 of 58 6. Termination. If the Special Magistrate fails to perform hislher services in a manner consistent with this Agreement, the VAB may terminate this Agreement immediately for cause. The VAS reserves the right, in its absolute discretion, to refrain from scheduling any hearings with the Special Magistrate and to discontinue the services of the Special Magistrate at any time for convenience. If the VAB elects to terminate this Agreement for convenience, such election may be made with no less than 24 hours notice to the Special Magistrate. In recognition of the special time constraints attendant to VAB hearings, the parties hereto agree that 24 hours notice is reasonable in this instance. The VAS shall be the sole judge of non-performance. In the event the Special Magistrate is terminated for cause, which may include the failure to provide his/her recommendation in a timely manner, the Special Magistrate will be entitled only to compensation for his/her time in conducting hearings. 7. Renewal. Unless terminated pursuant to Section 6, this Agreement shall extend through the completion of the 2005 VAS hearings and the 3D-day acceptance period provided herein. This Agreement may be renewed for an additional VAS session for two (2) consecutive years upon written notice by the VAB to the Special Magistrate prior to the expiration of this Agreement. The Special Magistrate will have thirty (30) days from the date of notice to accept or decline renewal of this Agreement. 8. No Improper Use. The Special Magistrate agrees he/she will not use, or suffer or permit any person to use in any manner, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule order or regulation. In the event of such violation by the Special Magistrate, the VAB shall have the right to suspend further work by the Special Magistrate or terminate this Agreement. 9. Unlawful Solicitation and Assignment of Agreement. Sy execution of this agreement, the Special Magistrate warrants that he/she has not employed, retained, paid or agreed to pay any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon. or resulting from, the award or making of this Agreement. The Special Magistrate further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer, agent, employee, subcontractor. or consultant to the Special Magistrate in connection with any services performed under the terms of this Agreement. The Special Magistrate expressly acknowledges that the VAS is entering into this Agreement due to the qualifications and experience of Cecil L. Neff, Jr., principal of Cecil L. Neff & Associates, Inc., and further agrees that there shall be no transfer or assignment of any part of this Agreement, except with the express written approval of the VAS, and all hearings will be conducted by Cecil L. Neff, Jr. 10. Relationship. Nothing contained herein shall create or be construed as creating a partnership between the VAS and the Special Magistrate. 3 Agenda Item No. 16K15 September 13, 2005 Page 34 of 58 Nor shall this Agreement be construed as to constitute the Special Magistrate as an agent or employee of the VAS. 11. Non-discrimination. No person on the grounds of handicap, sex. race, color, religion, national original or age, will be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Agreement. 12. Records. The Special Magistrate shall maintain records of all accounts, invoices for reimbursable expenses and supporting documentation for any research or reports, for a period of five (5) years from completing the performance of this Agreement. Such records shall be sufficient to permit a proper pre- and post-audit in accordance with generally accepted accounting practices. The Special Magistrate shall allow pUblic access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes, and will permit the inspection of such records at the location where they are kept after reasonable notice. 13. Interpretation and Construction. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida; and this written Agreement along with the terms and conditions of RFP 05-3848, "Appraiser Special Magistrate for 2005 Collier County VAB," and the response thereto submitted by the undersigned party, which is incorporated herein by reference. shall constitute the entire agreement between the parties, and there are no other prior or contemporaneous, oral or written agreements, understandings or promises related to this Agreement. 14. Amendment. This Agreement may be modified only by written amendment executed by all parties. 15. Notice. When any party desires to give notice to the other, it must be given in writing and sent by regular mail or facsimile to the party for whom it is intended, as specified below: VALUE ADJUSTMENT BOARD c/o Ellen T. Chadwell, Esq. Office of County Attorney 3301 Tamiami Trail East 8th Floor (Bldg F) Naples, Florida 34112 Telephone: (239) 774-8400 Facsimile: (239) 774-0225 Copy to: Clerk to the Value Adjustment Board c/o Patricia Morgan, Supervisor Clerk of Courts 3301 Tamiami Trail East 4th Floor (Bldg F) Naples, Florida 34112 Telephone: (239) 774-8399 Facsimile: (239) 774-8408 ,- /~5g $tj& 'e;hn e.-/rcle 6roveJan .F=t--- d1'7.3f:;J 4 Agenda Item No. 16K15 September 13, 2005 Page 35 of 58 16. Governing Law. This Agreement shall be governed by Florida law. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. As to SPECIAL MAGISTRATE: DATE: O'J/ctiJo- , ~ S' nature rR~f1JceS Print Name As to VALUE ADJUSTMENT BOARD: DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY , Deputy Clerk By: FRED W. COYLE, Chairman By: 71l.vtD;::J WitneWJAtant Count1 Attorney /M~11 _ Signature /1 Ol3lflt I G if(.Jt:7/v cf9'1 - Print Name rtJ/2 ~J~ s~Cc1<-~ Print NJme DATE: e'i5' -() S- COLLIER COUNTY DISTRICT SCHOOL BOARD By: S~~ STEVE FAIN, Financial Officer Collier County District School Board 5 Agenda Item No. 16K15 September 13. 2005 Page 36 of 58 VALUE ADJUSTMENT BOARD RULES OF PROCEDURE CHAPTER 1 : ORGANIZATION 1. The Value Adjustment Board is a separate and distinct governmental body created by statute and is composed of three members of the Board of County Commissioners and two School Board Members. 2. One of the County Commissioners is required to the elected as Chairman of the Board. 3. The members of the Board may be temporarily replaced by other members of the respective boards (Le. the Commission and School Board) on appointment by their respective chairpersons. 4. Any three members of the Board constitute a quorum, except that each quorum must include at least one Commissioner and one School Board member. No meeting of the Board can take place without a quorum. S. Two-fifths on the expenses of the Board are borne by the School Board and three-fifths by the County Commission. 6. As used herein, the word "Board" means "Value Adjustment Board" and "Special Magistrates. " CHAPTER 2: POWERS AND DUTIES 1. The Board must meet not earlier than 30 days, nor later than 60 days atter the mailing of the "Notices of Proposed Property Taxes" by the Property Appraiser under section 194.011(1), Florida Statutes; provided, however, that no Board hearing may be held before approval of all or any part of the assessment rolls by the Departments of Revenue. The Board is required to meet for the following purposes: (a) Hearing taxpayers' petitions relating to the amount of assessments. (b) Hearing complaints relating to Homestead exemptions. (c) Hearing appeals from exemptions denied, or disputes arising from exemption granted, upon the filing of exemption applications (i.e. other than Homestead exemptions) (d) Hearing appeals conceming ad valorem tax deferrals and classifications. r 6 Agenda Item No. 16K15 September 13, 2005 Page 37 of 58 Notwithstanding the. foregoing, the Board may meet prior to the approval of the assessment rolls by the Department of Revenue, but not earlier than July 1, to hear appeals pertaining to the denial by the Property Appraiser of exemptions, agricultural classifications, and deferrals under (b), (c), and (d). In such event, the Board may not certify any assessments under Section 193.122 until after the Department has approval such assessments in accordance with Section 193.1142 and after all hearings have been help with respect to the Particular parcel under appeal. 2. The Board was authorized by state law to impose a filling fee not to exceed $15.00 for each separate parcel of property, real or personal, covered by taxpayers petitions (i.e. with certain exceptions pertaining to denials of Homestead exemption and tax deferrals). Petitions filed without the appropriate filing fee are deemed invalid and must be rejected. 3. The Board is required to appoint special magistrates for the purpose of taking testimony and making recommendations to the Board, which recommendations the Board may act upon without further hearing. The Board has chosen to act upon such recommendations without further hearings. Appeals to the full Board by Taxpayers and the Property Appraiser requesting de novo review of the special magistrate's recommendations will be denied. Special magistrates must meet the criteria set forth in s. 194.035, Fla. Stat. 4. The Board is required to remain in session from day to day until all petitions, complaints, appeals, and disputes are heard. If all or any part of an assessment roll is disapproved by the Florida Department of Revenue, the Board is required to reconvene to hear petitions, complaints, appeals and disputes filed upon the finally approved roll or part of a roll. S. The Board has no power to fix the original valuation of property for ad valorem tax purposes or to grant an exemption not authorized by law. The Board is bound by the same standards as the County Property Appraiser in determining value and the granting of exemptions. With certain exceptions, all property, real and personal, must be assessed at fair market value as of January 1 of the tax year. The Board, or its special magistrates, may not reduce an assessment below fair market value (i.e. in order to "equalize" it with other assessments), but for purposes of reviewing a petition, the Board may consider assessments among comparable properties within homogeneous area or neighborhoods. 6. The Board has no power to grant relief either by adjustment of the value of a property or by the granting of an exemption on the basis of hardship of a particular taxpayer. 7. The Board, in determining the valuation of a specific property, may not consider the ultimate amount of tax required by the various taxing authorities. 7 Agenda Item No. 16K15 September 13, 2005 Page 38 of 58 8. The powers, authorities, duties and functions of the Board, insofar as they are appropriate, apply equally to real property and tangible personal property. 9. The Board may not extend the time for the filing of petitions. However, the failure to meet the statutory deadline for filing a petition is not a absolute bar to consideration of such a petition by the Board when the Board determines that the petitioner has demonstrated good cause for failure to timely file, justifying consideration, and that the delay will not in fact be prejudicial to the performance of its functions in the taxing process. The issue of whether a petitioner can demonstrate "good cause" for a late filing will be determined by the Special Magistrate in accordance with Chapter 4. 10. The Board is required to hear disputed or appealed applications for exemption and must grant such exemptions, in whole or in part, in accordance with the criteria established by law. In addition, the Board may review previously granted exemptions on its own motion or upon motion of the Property Appraiser. Review of an exemption application upon motion of the Board cannot be heard until the applicant has had at least five (5) calendar days notice of the Board's intent to review the application. 11. The Board will comply with all valid rules and regulations promulgated by the Florida Department of Revenue. CHAPTER 3: PRE-HEARING EVIDENCE EXCHANGE 1. At least fifteen (15) days before the scheduled hearing, the taxpayer/petitioner must provide the Property Appraiser with a written list and summary of evidence, along with copies of the all documentation to be presented at the hearing. The taxpayer/petitioner should take such measures as are necessary to ensure receipt of these materials by the Property Appraiser within this time period. The complete package must be provided to the Property Appraiser and two copies of the evidence package must be delivered to the Clerk to the Board for distribution to the Special Magistrate and for purposes of the record. 2. No later than seven (7) days before the hearing, if the Property Appraiser receives the taxpayer/petitioners documentation, and if requested in writing by the taxpayer/petitioner, the Property Appraiser must provide the taxpayer/petitioner with a written list and summary of its evidence to be presented at hearing. This list and summary must likewise be accompanied with copies of the documentation to be presented. The evidence list must contain the property record card if provided by the Clerk. When computing the seven day period, Saturdays, Sundays and legal holidays shall not be included. 3. If the taxpayer/petitioner does not provide the information to the Property Appraiser at least 15 days prior to the hearing pursuant to Section 1 above, the Property Appraiser need not provide the information to the taxpayer/petitioner pursuant to Section 2. r , 8 Agenda Item No. 16K 15 September 13, 2005 Page 39 of 58 If the Property Appraiser requests in writing any evidentiary materials of the taxpayer/petitioner, and the taxpayer/petitioner refuses to provide the requested materials prior to the hearing, such information shall not be presented or considered at the scheduled hearing by the Special Magistrate. (Fla. Stat. 194.034{1 )(d)). 4. If the Property Appraiser does not provide the information within the time required under Section 2, the taxpayer/petitioner will be entitled to reschedule the hearing. In such event, the taxpayer must notify the Clerk no later than twenty-four (24) hours, excluding weekends and holidays, after the day of required production that the Property Appraiser did not fully comply, the details of such non-compliance, and request a reschedule in writing. After receipt of this written notice, the Clerk will re-schedule the hearing. 5. The documentation exchanged under Section 1 and 2 above must be delivered by regular or certified mail, personal delivery, overnight mail, facsimile or e-mail. The date of transmission bye-mail or fax to an address provided by the addressee shall be deemed to constitute the date of delivery to the recipient. For such purpose, three e- mail or fax attempts to the address provided by the addressee will be deemed sufficient. If more than one fax number is provided, three (3) attempts must be made to each number to satisfy this requirement. "Provided" means made available in the manner designated by the property appraiser or by the taxpayer/petitioner in his/her submission of information, as via emaH, facsimile, U.S. Mail, or at the property appraiser's office for pick up. If the taxpayer/petitioner designates delivery by u.s. Mail or does not specifically designate the desired manner for receiving the Property Appraiser's information, the information shall be deposited into the mail by the Property Appraiser. The taxpayer/petitioner and the Property Appraiser may agree to a different method or timing of the exchange. 6. The information must be sent to the taxpayer/petitioner or agent at the address shown on the petition form; however, it may be submitted to an e-mail or fax address if so indicated by the taxpayer/petitioner. 7. In computing any period of time prescribed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. If the fifteenth day before a hearing is a Saturday, Sunday, or legal holiday, the information under subsection 2 shall be provided no later than the previous business day. 8. The summary of any testimony submitted pursuant to Sections 1 and 2 shall be sufficiently detailed as to reasonably inform a party of the general subject matter of the witness testimony, and shall contain the name and address of the witness. 9 Agenda Item No. 16K15 September 13, 2005 Page 40 of 58 ....-.... 9. No taxpayer/petitioner may present nor shall the special magistrate accept for consideration any "testimony or other evidentiary materials" that were requested of the taxpayer/petitioner in writing by the Property Appraiser of which the taxpayer "had knowledge and denied to the Property Appraiser." (Section 194.034(1) (d), Florida Statutes.) 1 O. Neither the Board nor the special magistrate shall take any general action regarding compliance with this Chapter, but any action on each petition shall be considered on a case by case basis. Any action shall be based on a consideration of whether there has been a substantial noncompliance with this section, and shall be taken at a scheduled hearing and based on evidence presented at such hearing. "General action" means a prearranged course of conduct not based on evidence received in a specific case at a scheduled hearing on a petition. The normal remedy for such non-compliance shall be a rescheduling of the hearing to allow the petitioner an opportunity to review the information of the Property Appraiser. CHAPTER 4: CONDUCT OF HEARINGS; PROCEDURES 1. Proceedings of the Board must be conducted in compliance with the Florida Sunshine Law (i.e. Section 268.011, Florida Statutes): (a) (b) in the open. Reasonable notice must be given to the public prior to a Board meeting. All Board meetings at which any official action may be taken must be held 2. Board and special magistrate hearings are required to the conducted in accordance with the applicable provisions of Chapter 194 and 196, Florida Statutes, and administrative rules promulgated by the Florida Department of Revenue. Chapter 120, Florida Statutes, does not apply to VAB proceedings, including hearings before the . Special Magistrates. 3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is required to deliver to the person so filing, an acknowledgment of receipt of such petition and must promptly furnish a copy of same to the Property Appraiser. The failure to file the appropriate filing fee with the petition will result in the rejection of the petition. Any late-filed petitions received by the Clerk will be scheduled before a special magistrate in accordance with Section 4 below. 4. A late-filed petition will be scheduled for hearing before a Special Magistrate by the Clerk and reasonable notice given to the taxpayer/petitioner. If, after review of the evidence, the Special Magistrate finds that the taxpayer/petitioner has demonstrated both "good cause" justifying the late filing AND that delay will not be prejudicial to the Board's performance of its functions, slhe will issue the finding at conclusion of the hearing. Thereafter the Clerk will schedule the petition for a hearing. .-' 10 -. Agenda Item No. 16K 15 September 13, 2005 Page 41 of 58 All evidence to be presented to the Special Magistrate by the taxpayer/petition must be provided to the Property Appraiser no later than seven (7) days in advance of the "good cause" hearing. The time periods contained in Chapter 3 do not apply to "good cause" hearings. S. The Clerk of the Board will prepare a schedule of appearances before the Board (Special Magistrates) based on petitions (including applications for Homestead Exemptions denied by the Property Appraiser) timely filed with him. The Clerk must notify each petitioner of the scheduled time of his appearance in writing by U.S. mail or Personal delivery so that the notice is received by the taxpayer no less than twenty-five (25) calendar days prior to the day of such scheduled appearance. The Clerk is deemed to have prima facie complied with such notice requirements if the notice is deposited in the U.S. Mail thirty (3D) days prior to the day of such scheduled appearance. The Clerk will include a copy of the property record card with the notice in all cases, whether or not requested by the taxpayer. The Clerk will not schedule hearings in personal property cases, unless a return is filed within the time prescribed by the Board. 6. The petitioner has the right to reschedule his or her hearing ONE time by submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5) calendar days before the day of the originally scheduled hearing. This does not apply to "good cause" hearings. 7. The Board and its special magistrates act in a quasi-judicial capacity with respect to the conduct of these hearings. 8. Board members and special magistrates should disqualify themselves on their own initiative or upon motion of any party interest or other cause for which a judge may be recused, with respect to any appeal coming before the Board. 9. No Board member or special magistrate should communicate ex parte with any taxpayer or the Property Appraiser relative to the merits of any case. However, this should not preclude a Board member or special magistrate from communicating with a taxpayer or the Property Appraiser for proposes of obtaining additional raw data upon which a finding might be based. Any communications concerning the proper conclusion to be drawn from any such raw data would constitute a discussion of the merits and results in an ex parte communication prohibited by law. 10. (a) Any taxpayer may be represented by an attorney or agent before the Board or special magistrate, or may appear on his own behalf. (b) A condominium homeowners'. association (or qualified incorporated mobile home park association) may appear before the Board or Special Magistrate to present testimony and evidence regarding the assessment of condominium units which said association represents. 11 ~., Agenda Item No. 16K15 September 13, 2005 Page 42 of 58 ,....-., Said testimony and evidence must also be considered by the Board or Special Magistrate with respect to petitions filed by individual condominium unit owners, unless the owner requests otherwise. 11. (a) Irrelevant, immaterial or unduly repetitious evidence may be excluded by the Board or special magistrate but all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs is admissible, whether or not such evidence would be admissible in a court of law. (b) Any part of a taxpayer's evidence may be received in written from, and all testimony of parties and witnesses is required to be made under oath upon the request of either party. The Special Magistrate or court reporter will administer the oath to all persons providing testimony, including parties. Witnesses for either party may be cross - examined by the other party when testimony is taken. (c) Hearsay evidence may be admitted for the purpose of supplementing or explaining other evidence, but it is not sufficient in itself to support a finding unless it would be admissible over objection in a civil action in the courts of this State. 12. The Property Appraiser's determinations are entitled to a "presumption of correctness" and petitioning taxpayers have the burden to prove that the Property Appraiser's determinations are incorrect. (a) In the non-valuation cases (e.g. exemption and agricultural classification cases), this presumption of correctness can be properly rebutted only by evidence which excludes very reasonable hypothesis of a legal assessment. (b) In valuation cases, the Property Appraiser's valuation is still presumed correct, but the presumption is lost if the taxpayer establishes by a preoonderance of the evidence that either the Property Appraiser (a) failed to properly consider all of the valuation criteria mandated by statute in computing the assessment, or (b) derived the assessment arbitrarily based on appraisal practices different from those generally applied to comparable property within the same class and county. If the taxpayer overcomes the initial presumption of correctness, in the foregoing manner, he or she then has the burden to prove by a preponderance of the evidence that the assessment exceeds fair marker value, If, however, the taxpayer cannot overcome the property appraiser's initial presumption of correctness, then the taxpayer, in order to obtain relief, must prove that the assessment is excessive by clear and convincing evidence. In no case involving valuation, however, does the taxpayer have the burden of proving that the assessment is "not supported by any reasonable hypothesis of a legal assessment. " r 12 Agenda Item No. 16K15 September 13, 2005 Page 43 of 58 13. If the Property Appraiser's assessed value is determined to be erroneous, the Board can establish the assessment if there exists competent, substantial evidence in the record. If not, the Board must remand to the Property Appraiser with the appropriate directions for a redetermination of value. 14. The Clerk of the Board is required to maintain a verbatim record of all proceedings and must preserve all documentary evidence and listings for a period of not less than four (4) years. The Board and its special magistrates should insist that all documentary evidence relied upon by any party be incorporated into the Board's files. In the event a party refuses to relinquish possession of any such documentary evidence, the Board and its special magistrates should not consider the same in making a finding of fact or conclusion of law. 15 No petitioner may present, nor may the Board or special magistrate accept, testimony or other evidentiary materials for consideration that were requested of the petitioner in writing by the Property Appraiser of which the petitioner had knowledge, and denied to the Property Appraiser. No evidence shall be considered by the Board or special magistrate except when presented during the time scheduled for the petitioner's hearing, or at a time when the petitioner has been given reasonable notice. 16. Every decision of the Board or recommendation by a Special Magistrate must contain specific and detailed findings of fact, including both ultimate findings of fact and basic and underlying findings of fact. Each basic and underlying finding must be properly annotated to its supporting evidence. (a) An ultimate finding is a determination of fact is usually expressed in the language of a statutory standard and must be supported by and flow rationally from adequate basic and underlying findings. (b) Basic and underlying findings are those findings on which the ultimate findings rest and which are supported by evidence. Basic and underlying findings are more detailed than the ultimate findings, but less detailed than a summary of evidence. (c) Reasons are those clearly stated grounds upon which the Board or Property Appraiser acted. 17. All decisions made must include the nature of the change made and indicate the just, taxable, and exempt value before and after the change. 18. The Special Magistrate shall render a written recommendation in a form provided by the Clerk of the Board, within five (S) days of the hearing. This recommendation may, but need not, be rendered at the conclusion of the hearing. All recommendations are presented to the Board at a publicly noticed meeting and approved by the Board without further hearing. 13 '. Agenda Item No. 16K15 September 13, 2005 Page 44 of 58 ,'~ 19. All final decisions by the Board must be issued within twenty (20) calendar days of the last day the Board is in session, and the clerk, upon issuance thereof, must notify by first class mail each taxpayer, the Property Appraiser and the Department of Revenue of the decision of the Board. If no decision is rendered in a case, the reason therefore must be placed in the records, compiled by the Clerk and maintained along with the verbatim record. f r 14 .. Agenda Item No. 16K15 September 13, 2005 Page 45 of 58 ...! SPECIAL MAGISTRATE AGREEMENT THIS AGREEMENT has been made and entered into on this J I day ot..:r(l~ V , 2005, by and between GERALD A. LAGACE. dba MACHINERY CAPITAL! ASSETS. hereinafter referred to as "Special Magistrate,U and COLLIER COUNTY, a political subdivision of the State of Florida, and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, hereinafter collectively referred to as the 'Value Adjustment Board" (VAB). WITNESSETH 1. Commencement. This Agreement will commence upon execution of this Agreement by the last signing party, and shall terminate upon completion of the assignment and payment for same. 2. Assignment. The Special Magistrate shall conduct hearings on petitions to the Value Adjustment Board regarding valuation of real estate or tangible personal property for the 2005 tax year. The Special Magistrate will conduct these hearings in accordance with the Rules of Procedure adopted by the Collier County Value Adjustment Board, administrative rules promulgated by the Florida Department of Revenue, and applicable Florida Statutes. The V AB Rules of Procedure are attached hereto as Exhibit A and incorporated herein as a part of this Agreement. These hearings will commence on or after October 14, 2005, and may continue each following day until completed. The Special Magistrate shall prepare in writing his/her findings of fact, conclusions of law, and recommendation to the Value Adjustment Board using the forms approved by the V AB. Time is of the essence in this regard as the VAS intends to meet as soon as possible after the completion of the hearings for purposes of adopting all recommendations by its Special Magistrates. To the extent reasonably possible the Special Magistrate will render his/her recommendation within 48 hours, but, in no event, more than five (5) days after the hearing. To this end, the VAS has requested in its solicitation of interest, and the Special Magistrate has .( X represented, his/her availability from October 13 to November 15, 2005. The Special Magistrate shall be compensated on an hourly basis for the time needed to complete his recomm~dations ~ubject t~ the time limitations im:p~s . Paragraph 4 below. )( K ./!/tlr ()!1/jlif3Je /tJl~ ~ /OJ 1'/ . The VAS doe~ot warrant thatfhe Sp~ial Magistr will be scheduled to serve any particular number of days or hear any number of cases. 3. Standards and Requirements. The Special Magistrate will comply with all Florida laws and administrative rules, and constitutional principles of due process when conducting the value adjustment hearings. The Collier County V AB and the County Attorney may provide additional direction or guidance to the Special Magistrate, such as its Rules and Procedures, for the conduct of the hearings. This guidance will be followed by the Special Magistrate to the extent that such guidance does not impede upon the Special Magistrate's independent decision-making. Agenda Item No. 16K15 September 13, 2005 Page 46 of 58 - The Special Magistrate will consider only acceptable appraisal practices when hearing all petitions but shall not engage in the re-appraisal of properties. The Special Magistrate will be responsible for preserving the record and his/her recommendations as required by Florida Statutes, F.A.C. Rule 12D-10, and the VAB Rules of Procedure. All recommendations shall be forwarded to the Clerk to the Board along with the evidentiary record for each hearing. The VAB will be responsible for providing a verbatim transcript and back-up audio recording of all proceedings. The Special Magistrate will be responsible for operating the audio recording equipment, if necessary. By execution of this Agreement, the Special Magistrate represents that s/he meets the requirements of s. 194.035, Fla. Stat. (2004) and will maintain all licensure required by this statute through completion of the Assignment. 4. Compensation. The Special Magistrate will be paid an hourly rate of ~ 110.00 for services rendered in accordance with this Agreement. The Special Magistrate will maintain a record of time for his/her performance under this Agreement and shall submit an invoice to the V AB after completion of all scheduled hearings and recommendations to the VAS. This invoice shall be signed and certified by the Special Magistrate as being accurate. Upon receipt of a proper invoice, the VAB will pay the Special Magistrate in accordance with s. 218.70, Fla. Stat., otherwise known as the "Florida Prompt Payment Act." Any time required for research and preparation beyond the hours required to conduct hearings shall not exceed twice the number of hours required for hearings without documentation of the need for such additional hours and advance approval by the County Attorney's Office. Time spent traveling to the location of the hearing where the distance traveled exceeds 25 miles will be compensated at the hourly rate. The compensation paid to the Special Magistrate shall be bome three-fifths (3/5s) by the COUNTY and two-fifths (2/Ss) by the SCHOOL BOARD. After payment of compensation to the Special Magistrate, the COUNTY will calculate the SCHOOL BOARD's share of the compensation paid and prepare an invoice for the SCHOOL BOARD. The SCHOOL SOARD agrees to pay the COUNTY within thirty (30) days of receipt of this invoice. S. Costs and Expenses. The VAS shall provide the hearing rooms for all Special Magistrate hearings and shall be responsible for the costs of recording all hearings before the Special Magistrate. The V AB will provide the Special Magistrate with sufficient forms for the completion of his/her findings of facts and conclusions of law for each hearing. All clerical expenses incurred by the Special Magistrate in the performance of this Agreement shall be the sole responsibility of the Special Magistrate. 2 Agenda Item No. 16K15 September 13, 2005 Page 47 of 58 6. Termination. If the Special Magistrate fails to perform his/her services in a manner consistent with this Agreement, the V AB may terminate this Agreement immediately for cause. The V AB reserves the right, in its absolute discretion, to refrain from scheduling any hearings with the Special Magistrate and to discontinue the services of the Special Magistrate at any time for convenience. If the V AB elects to terminate this Agreement for convenience, such election may be made with no less than 24 hours notice to the Special Magistrate. In recognition of the special time constraints attendant to V AB hearings, the parties hereto agree that 24 hours notice is reasonable in this instance. The V AB shall be the sole judge of non-performance. In the event the Special Magistrate is terminated for cause, which may include the failure to provide his/her recommendation in a timely manner, the Special Magistrate will be entitled only to compensation for his/her time in conducting hearings. 7. Renewal. Unless terminated pursuant to Section 6, this Agreement shall extend through the completion of the 2005 VAS hearings and the 30-day acceptance period provided herein. This Agreement may be renewed for an additional VAB session for two (2) consecutive years upon written notice by the VAB to the Special Magistrate prior to the expiration of this Agreement. The Special Magistrate will have thirty (30) days from the date of notice to accept or decline renewal of this Agreement. 8. No Improper Use. The Special Magistrate agrees he/she will not use, or suffer or permit any person to use in any manner, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule order or regulation. In the event of such violation by the Special Magistrate, the V AB shall have the right to suspend further work by the Special Magistrate or terminate this Agreement. 9. Unlawful Solicitation and Assignment of Agreement. By execution of this agreement, the Special Magistrate warrants that he/she has not employed, retained, paid or agreed to pay any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. The Special Magistrate further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer, agent, employee, subcontractor, or consultant to the Special Magistrate in connection with any services performed under the terms of this Agreement. The Special Magistrate expressly acknowledges that the V AB is entering into this Agreement due to the qualifications and experience of Gerald A. Lagace, DSA Machinery Capital Assets, and further agrees that there shall be no transfer or assignment of any part of this Agreement, except with the express written approval of the VAS, and all hearings will be conducted by Gerald A. Lagace. 10. Relationship. Nothing contained herein shall create or be construed as creating a partnership between the V AB and the Special Magistrate. 3 ,,- Agenda Item No. 16K15 September 13, 2005 Page 48 of 58 Nor shall this Agreement be construed as to constitute the Special Magistrate as an agent or employee of the V AB. 11. Non-discrimination. No person on the grounds of handicap, sex, race, color, religion, national original or age, will be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Agreement. 12. Records. The Special Magistrate shall maintain records of all accounts, invoices for reimbursable expenses and supporting documentation for any research or reports, for a period of five (S) years from completing the performance of this Agreement. Such records shall be sufficient to permit a proper pre- and post-audit in accordance with generally accepted accounting practices. The Special Magistrate shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes, and will permit the inspection of such records at the location where they are kept after reasonable notice. 13. Interpretation and Construction. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida; and this written Agreement along with the terms and conditions of RFP 05-3848, "Appraiser Special Magistrate for 2005 Collier County VAS," and the response thereto submitted by the undersigned party, which is incorporated herein by reference, shall constitute the entire agreement between the parties, and there are no other prior or contemporaneous, oral or written agreements, understandings or promises related to this Agreement. 14. Amendment. This Agreement may be modified only by written amendment executed by all parties. 15. Notice. When any party desires to give notice to the other, it must be given in writing and sent by regular mail or facsimile to the party for whom it is intended, as specified below: VALUE ADJUSTMENT BOARD c/o Ellen T. Chadwell, Esq. Office of County Attorney 3301 Tamiami Trail East 8th Floor (Bldg F) Naples, Florida 34112 Telephone: (239) 774-8400 Facsimile: (239) 774-0225 Copy to: Clerk to the Value Adjustment Board c/o Patricia Morgan, Supervisor Clerk of Courts 3301 Tamiami Trail East 4 th Floor (Bldg F) Naples, Florida 34112 Telephone: (239) 774-8399 Facsimile: (239) 774-8408 z- 4 Agenda Item No. 16K 15 September 13, 2005 Page 49 of 58 16. Governing Law. This Agreement shall be governed by Florida law. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. As to SPECIAL MAGISTRATE: Witnesses: DATE: P/liS- ~ s~~r~74 Print Name I "# GERALD A. LAGACE dba M CHINERY CAPIT As to VALUE ADJUSTMENT BOARD: DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY By: , Deputy Clerk By: FRED W. COYLE, Chairman A~tov ~.1f~ . Assistant County Attorney WltnesseSllen T. Chadwell Si~ /( br!K1.r C-..r?'e"NCt;-7( Print Name ~~kr Signatu k~f!{l..1 pri~e DATE: ~~/.> -oS- COLLIER COUNTY DISTRICT SCHOOL BOARD By: S1;.A- ~ STEVE FAIN, Financial Officer Collier County District School Board 5 Agenda Item No. 16K15 September 13, 2005 Page 50 of 58 VALUE ADJUSTMENT BOARD RULES OF PROCEDURE CHAPTER 1: ORGANIZATION 1. The Value Adjustment Board is a separate and distinct governmental body created by statute and is composed of three members of the Board of County Commissioners and two School Board Members. 2. One of the County Commissioners is required to the elected as Chairman of the Board. 3. The members of the Board may be temporarily replaced by other members of the respective boards (Le. the Commission and School Board) on appointment by their respective chairpersons. 4. Any three members of the Board constitute a quorum, except that each quorum must include at least one Commissioner and one School Board member. No meeting of the Board can take place without a quorum. S. Two-fifths on the expenses of the Board are borne by the School Board and three-fifths by the County Commission. 6. As used herein, the word "Board" means "Value Adjustment Board" and "Special Magistrates," CHAPTER 2: POWERS AND DUTIES 1, The Board must meet not earlier than 30 days, nor later than 60 days after the mailing of the "Notices of Proposed Property Taxes" by the Property Appraiser under section 194.011 (1), Florida Statutes; provided, however, that no Board hearing may be held before approval of all or any part of the assessment rolls by the Departments of Revenue. The Board is required to meet for the following purposes: (a) Hearing taxpayers' petitions relating to the amount of assessments. (b) Hearing complaints relating to Homestead exemptions. (c) Hearing appeals from exemptions denied, or disputes anslng from exemption granted, upon the filing of exemption applications (Le. other than Homestead exemptions) (d) Hearing appeals concerning ad valorem tax deferrals and classifications. 1- 6 . . Agenda Item No. 16K15 September 13, 2005 Page 51 of 58 Notwithstanding the foregoing, the Board may meet prior to the approval of the assessment rolls by the Department of Revenue, but not earlier than July 1, to hear appeals pertaining to the denial by the Property Appraiser of exemptions, agricultural classifications, and deferrals under (b), (c), and (d). In such event, the Board may not certify any assessments under Section 193.122 until after the Department has approval such assessments in accordance with Section 193.1142 and after all hearings have been help with respect to the Particular parcel under appeal. 2. The Board was authorized by state law to impose a filling fee not to exceed $15.00 for each separate parcel of property, real or personal, covered by taxpayers petitions (Le. with certain exceptions pertaining to denials of Homestead exemption and tax deferrals). Petitions filed without the appropriate filing fee are deemed invalid and must be rejected. 3. The Board is required to appoint special magistrates for the purpose of taking testimony and making recommendations to the Board, which recommendations the Board may act upon without further hearing. The Board has chosen to act upon such recommendations without further hearings. Appeals to the full Board by Taxpayers and the Property Appraiser requesting de novo review of the special magistrate's recommendations will be denied. Special magistrates must meet the criteria set forth in s. 194.035, Fla. Stat. 4. The Board is required to remain in session from day to day until all petitions, complaints, appeals, and disputes are heard. If all or any part of an assessment roll is disapproved by the Florida Department of Revenue, the Board is required to reconvene to hear petitions, complaints, appeals and disputes filed upon the finally approved roll or part of a roll. 5. The Board has no power to fix the original valuation of property for ad valorem tax purposes or to grant an exemption not authorized by law. The Board is bound by the same standards as the County Property Appraiser in determining value and the granting of exemptions. With certain exceptions, all property, real and personal, must be assessed at fair market value as of January 1 of the tax year. The Board, or its special magistrates, may not reduce an assessment below fair market value (i.e. in order to "equalize" it with other assessments), but for purposes of reviewing a petition, the Board may consider assessments among comparable properties within homogeneous area or neighborhoods. 6. The Board has no power to grant relief either by adjustment of the value of a property or by the granting of an exemption on the basis of hardship of a particular taxpayer. 7. The Board, in determining the valuation of a specific property, may not consider the ultimate amount of tax required by the various taxing authorities. 7 Agenda Item No. 16K15 September 13, 2005 Page 52 of 58 8. The powers, authorities, duties and functions of the Board, insofar as they are appropriate, apply equally to real property and tangible personal property. 9. The Board may not extend the time for the filing of petitions. However, the failure to meet the statutory deadline for filing a petition is not a absolute bar to consideration of such a petition by the Board when the Board determines that the petitioner has demonstrated good cause for failure to timely file, justifying consideration, and that the delay will not in fact be prejudicial to the performance of its functions in the taxing process. The issue of whether a petitioner can demonstrate "good cause" for a late filing will be determined by the Special Magistrate in accordance with Chapter 4. 10. The Board is required to hear disputed or appealed applications for exemption and must grant such exemptions, in whole or in part, in accordance with the criteria established by law. In addition, the Board may review previously granted exemptions on its own motion or upon motion of the Property Appraiser. Review of an exemption application upon motion of the Board cannot be heard until the applicant has had at least five (5) calendar days notice of the Board's intent to review the application. 11. The Board will comply with all valid rules and regulations promulgated by the Florida Department of Revenue. CHAPTER 3: PRE-HEARING EVIDENCE EXCHANGE 1. At least fifteen (15) days before the scheduled hearing, the taxpayer/petitioner must provide the Property Appraiser with a written list and summary of evidence, along with copies of the all documentation to be presented at the hearing. The taxpayer/petitioner should take such measures as are necessary to ensure receipt of these materials by the Property Appraiser within this time period. The complete package must be provided to the Property Appraiser and two copies of the evidence package must be delivered to the Clerk to the Board for distribution to the Special Magistrate and for purposes of the record. 2. No later than seven (7) days before the hearing, if the Property Appraiser receives the taxpayer/petitioner's documentation, and if requested in writing by the taxpayer/petitioner, the Property Appraiser must provide the taxpayer/petitioner with a written list and summary of its evidence to be presented at hearing. This list and summary must likewise be accompanied with copies of the documentation to be presented. The evidence list must contain the property record card if provided by the Clerk. When computing the seven day period, Saturdays, Sundays and legal holidays shall not be included. 3. If the taxpayer/petitioner does not provide the information to the Property Appraiser at least 15 days prior to the hearing pursuant to Section 1 above, the Property Appraiser need not provide the information to the taxpayer/petitioner pursuant to Section 2. 8 '. Agenda Item No. 16K15 September 13, 2005 Page 53 of 58 If the Property Appraiser requests in writing any evidentiary materials of the taxpayer/petitioner, and the taxpayer/petitioner refuses to provide the requested materials prior to the hearing, such information shall not be presented or considered at the scheduled hearing by the SpeCial Magistrate. (Fla. Stat. 194.034(1 )(d)). 4. If the Property Appraiser does not provide the information within the time required under Section 2, the taxpayer/petitioner will be entitled to reschedule the hearing. In such event, the taxpayer must notify the Clerk no later than twenty-four (24) hours, excluding weekends and holidays, after the day of required production that the Property Appraiser did not fully comply, the details of such non-compliance, and request a reschedule in writing. After receipt of this written notice, the Clerk will re-schedule the hearing. 5. The documentation exchanged under Section 1 and 2 above must be delivered by regular or certified mail, personal delivery, overnight mail, facsimile or e-mail. The date of transmission bye-mail or fax to an address provided by the addressee shall be deemed to constitute the date of delivery to the recipient. For such purpose, three e- mail or fax attempts to the address provided by the addressee will be deemed sufficient. If more than one fax number is provided, three (3) attempts must be made to each number to satisfy this requirement. "Provided" means made available in the manner designated by the property appraiser or by the taxpayer/petitioner in his/her submission of information, as via email,facsimile, U.S. Mail, or at the property appraiser's office for pick up. If the taxpayer/petitioner designates delivery by U.S. Mail or does not specifically designate the desired manner for receiving the Property Appraiser's information, the information shall be deposited into the mail by the Property Appraiser. The taxpayer/petitioner and the Property Appraiser may agree to a different method or timing of the exchange. 6. The information must be sent to the taxpayer/petitioner or agent at the address shown on the petition form; however, it may be submitted to an e-mail or fax address if so indicated by the taxpayer/petitioner. 7. In computing any period of time prescribed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. If the fifteenth day before a hearing is a Saturday, Sunday, or legal holiday, the information under subsection 2 shall be provided no later than the previous business day. 8. The summary of any testimony submitted pursuant to Sections 1 and 2 shall be sufficiently detailed as to reasonably inform a party of the general subject matter of the witness testimony, and shall contain the name and address of the witness. 9 " Agenda Item No. 16K15 September 13, 2005 Page 54 of 58 " 9. No taxpayer/petitioner may present nor shall the special magistrate accept for consideration any "testimony or other evidentiary materials" that were requested of the taxpayer/petitioner in writing by the Property Appraiser of which the taxpayer "had knowledge and denied to the Property Appraiser." (Section 194.034(1) (d), Florida Statutes. ) 10. Neither the Board nor the special magistrate shall take any general action regarding compliance with this Chapter, but any action on each petition shall be considered on a case by case basis, Any action shall be based on a consideration of whether there has been a substantial noncompliance with this section, and shall be taken at a scheduled hearing and based on evidence presented at such hearing. "General action" means a prearranged course of conduct not based on evidence received in a specific case at a scheduled hearing on a petition. The normal remedy for such non-compliance shall be a rescheduling of the hearing to allow the petitioner an opportunity to review the information of the Property Appraiser. CHAPTER 4: CONDUCT OF HEARINGS; PROCEDURES 1. Proceedings of the Board must be conducted in compliance with the Florida Sunshine Law (Le. Section 268.011, Florida Statutes): (a) Reasonable notice must be given to the public prior to a Board meeting. (b) All Board meetings at which any official action may be taken must be held in the open. 2. Board and special magistrate hearings are required to the conducted in accordance with the applicable provisions of Chapter 194 and 196, Florida Statutes, and administrative rules promulgated by the Florida Department of Revenue. Chapter 120, Florida Statutes, does not apply to VAB proceedings, including hearings before the Special Magistrates. 3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is required to deliver to the person so filing, an acknowledgment of receipt of such petition and must promptly furnish a copy of same to the Property Appraiser. The failure to file the appropriate filing fee with the petition will result in the rejection of the petition. Any late-filed petitions received by the Clerk will be scheduled before a special magistrate in accordance with Section 4 below. 4. A late-filed petition will be scheduled for hearing before a Special Magistrate by the Clerk and reasonable notice given to the taxpayer/petitioner. If, after review of the evidence, the Special Magistrate finds that the taxpayer/petitioner has demonstrated both "good cause" justifying the late filing AND that delay will not be prejudicial to the Board's performance of its functions, s/he will issue the finding at conclusion of the hearing. Thereafter the Clerk will schedule the petition for a hearing. 10 Agenda Item No. 16K15 September 13, 2005 Page 55 of 58 All evidence to be presented to the Special Magistrate by the taxpayer/petition must be provided to the Property Appraiser no later than seven (7) days in advance of the "good cause" hearing. The time periods contained in Chapter 3 do not apply to "good cause" hearings. 5. The Clerk of the Board will prepare a schedule of appearances before the Board (Special Magistrates) based on petitions (including applications for Homestead Exemptions denied by the Property Appraiser) timely filed with him. The Clerk must notify each petitioner of the scheduled time of his appearance in writing by U.S. mail or Personal delivery so that the notice is received by the taxpayer no less than twenty-five (25) calendar days prior to the day of such scheduled appearance. The Clerk is deemed to have prima facie complied with such notice requirements if the notice is deposited in the U.S. Mail thirty (30) days prior to the day of such scheduled appearance. The Clerk will include a copy of the property record card with the notice in all cases, whether or not requested by the taxpayer. The Clerk will not schedule hearings in personal property cases, unless a retum is filed within the time prescribed by the Board. 6. The petitioner has the right to reschedule his or her hearing ONE time by submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5) calendar days before the day of the originally scheduled hearing. This does not apply to "good cause" hearings. 7. The Board and its special magistrates act in a quasi-judicial capacity with respect to the conduct of these hearings. 8. Board members and special magistrates should disqualify themselves on their own initiative or upon motion of any party interest or other cause for which a judge may be recused, with respect to any appeal coming before the Board. 9. No Board member or special magistrate should communicate ex parte with any taxpayer or the Property Appraiser relative to the merits of any case. However, this should not preclude a Board member or special magistrate from communicating with a taxpayer or the Property Appraiser for proposes of obtaining additional raw data upon which a finding might be based. Any communications concerning the proper conclusion to be drawn from any such raw data would constitute a discussion of the merits and results in an ex parte communication prohibited by law. 10. (a) Any taxpayer may be represented by an attorney or agent before the Board or special magistrate, or may appear on his own behalf. (b) A condominium homeowners' association (or qualified incorporated mobile home park association) may appear before the Board or Special Magistrate to present testimony and evidence regarding the assessment of condominium units which said association represents. Said testimony and evidence must also be 11 Agenda Item No. 16K15 September 13, 2005 Page 56 of 58 considered by the Board or Special Magistrate with respect to petitions filed by individual condominium unit owners, unless the owner requests otherwise. 11. (a) Irrelevant, immaterial or unduly repetitious evidence may be excluded by the Board or special magistrate but all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs is admissible, whether or not such evidence would be admissible in a court of law. (b) Any part of a taxpayer's evidence may be received in written from, and all testimony of parties and witnesses is required to be made under oath upon the request of either party. The Special Magistrate or court reporter will administer the oath to all persons providing testimony, including parties. Witnesses for either party may be cross - examined by the other party when testimony is taken. (c) Hearsay evidence may be admitted for the purpose of supplementing or explaining other evidence, but it is not sufficient in itself to support a finding unless it would be admissible over objection in a civil action in the courts of this State. 12. The Property Appraiser's determinations are entitled to a "presumption of correctness" and petitioning taxpayers have the burden to prove that the Property Appraiser's determinations are incorrect. (a) In the non-valuation cases (e.g. exemption and agricultural classification cases), this presumption of correctness can be properly rebutted only by evidence which excludes very reasonable hypothesis of a leqal assessment. (b) In valuation cases, the Property Appraiser's valuation is still presumed correct, but the presumption is lost if the taxpayer establishes by a preponderance of the evidence that either the Property Appraiser (a) failed to properly consider all of the valuation criteria mandated by statute in computing the assessment, or (b) derived the assessment arbitrarily based on appraisal practices different from those generally applied to comparable property within the same class and county. If the taxpayer overcomes the initial presumption of correctness, in the foregoing manner, he or she then has the burden to prove by a preponderance of the evidence that the assessment exceeds fair marker value. If, however, the taxpayer cannot overcome the property appraiser's initial presumption of correctness, then the taxpayer, in order to obtain relief, must prove that the assessment is excessive by clear and convincing evidence. In no case involving valuation, however, does the taxpayer have the burden of proving that the assessment is "not supported by any reasonable hypothesis of a leoal assessment." 12 Agenda Item No. 16K15 September 13, 2005 Page 57 of 58 13. If the Property Appraiser's assessed. value is determined to be erroneous, the Board can establish the assessment if there exists competent, substantial evidence in the record. If not, the Board must remand to the Property Appraiser with the appropriate directions for a redetermination of value. 14. The Clerk of the Board is required to maintain a verbatim record of all proceedings and must preserve all documentary evidence and listings for a period of not less than four (4) years. The Board and its special magistrates should insist that all documentary evidence relied upon by any party be incorporated into the Board's files. In the event a party refuses to relinquish possession of any such documentary evidence, the Board and its special magistrates should not consider the same in making a finding of fact or conclusion of law. 15 No petitioner may present, nor may the Board or special magistrate accept, testimony or other evidentiary materials for consideration that were requested of the petitioner in writing by the Property Appraiser of which the petitioner had knowledge, and denied to the Property Appraiser. No evidence shall be considered by the Board or special magistrate except when presented during the time scheduled for the petitioner's hearing. or at a time when the petitioner has been given reasonable notice. 16. Every decision of the Board or recommendation by a Special Magistrate must contain specific and detailed findings of fact, including both ultimate findings of fact and basic and underlying findings of fact. Each basic and underlying finding must be properly annotated to its supporting evidence. (a) An ultimate finding is a determination of fact is usually expressed in the language of a statutory standard and must be supported by and flow rationally from adequate basic and underlying findings. (b) Basic and underlying findings are those findings on which the ultimate findings rest and which are supported by evidence. Basic and underlying findings are more detailed than the ultimate findings, but less detailed than a summary of evidence. (c) Reasons are those clearly stated grounds upon which the Board or Property Appraiser acted. 17. All decisions made must include the nature of the change made and indicate the just, taxable, and exempt value before and after the change. 18. The Special Magistrate shall render a written recommendation in a form provided by the Clerk of the Board, within five (S) days of the hearing. This recommendation may, but need not, be rendered at the conclusion of the hearing. All recommendations are presented to the Board at a publicly noticed meeting and approved by the Board without further hearing. 13 Agenda Item No. September 13, Page 58 ,,- 19. All final decisions by the Board must be issued within twenty (20) calendar days of the last day the Board is in session, and the clerk, upon issuance thereof, must notify by first class mail each taxpayer, the Property Appraiser and the Department of Revenue of the decision of the Board. If no decision is rendered in a case, the reason therefore must be placed in the records, compiled by the Clerk and maintained along with the verbatim record. 14 /"--'''' .'- Agenda Item No. 17 A September 13, 2005 Page 1 of 19 EXECUTIVE SUMMARY To obtain Board of County Commissioners Approval to repeal and replace the Ordinance regulating Weeds, Litter and Exotics within the unincorporated County. OBJECTIVE: To repeal and replace the Ordinance regulating Weeds, Litter and Exotics within the unincorporated County. CONSIDERATION: Collier County established an ordinance to control the spread of weed, litter and exotic vegetation in 1999. Since it's original adoption there have been several amendments to provide clarification or expand the regulations initially approved. The proposed ordinance is being recommended for the same reasons. More specifically, there has been a concern regarding the lack of maintenance at construction sites. The current ordinance contains minimal regulations regarding the continual upkeep of an active construction site. Consequently, many sites are left with uncontained litter creating a negative visual impact to the surrounding properties. The lack of upkeep or removal of said litter also creates a health safety concern. The proposed ordinance continues to provide for daily removal and/or on-site containment, however, in the event a construction site is found un- maintained the contractor will be required to secure an enclosed container (dumpster). Said dumpster will be limited to construction debris only and not food, drink and food wrappers. The proposed ordinance also provides a more specific definition of construction debris. In addition to litter control, the proposed ordinance addresses properties with excessive weed growth. The current Ordinance authorizes the County to abate weed violations when an owner fails to respond to notice. It also authorizes the placement of a property with repeat weed violations on a mandatory lot mowing program where the County would ensure the continued compliance by regularly mowing the property and assessing the property owner for the cost for maintenance. The current ordinance is somewhat cumbersome in the administration of the assessment to the property owner for the work performed. The ordinance now requires establishing a bond for the payment to the County for the services performed while the proposed modification simply requires an invoice for the services performed be sent to the property owner. The following items were completed as housekeeping items: . Modifies the requirements for inert waste material containment areas within the Golden Gate Estates area so that they conform to the Department of Environmental Protection (DEP) regulations, which includes the following changes. · The addition of a 100 ft distance requirement from potable water sources. (All other distance requirements did not change). · Amending containment pit size from 9,000 sq ft horizontal surface and 5 ft depth to 10,000 sq ft horizontal surface and 3 ft depth. · Requiring removal of vegetation 4 inches or less in diameter from site and prohibiting chipped/shredded material from being placed in the containment area. · Adding the requirement to obtain a DEP permit for any clearing within wetlands. .- Agenda Item No. 17 A September 13, 2005 Page 2 of 19 · Inserts the Special Master as the authority to hear appeals to the determination of a public nuisance, appeals to the costs being assessed for abatement of a nuisance, and assessment of a lien for the failure to correct a public nuisance. FISCAL IMP ACT: The proposed changes will not have a fiscal impact GROWTH MANAGEMENT IMP ACT: The proposed changes will not have a growth management impact. LEGAL CONSIDERATION: The proposed ordinance has been reviewed and approved for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners adopt the proposed ordinance regulating Weeds, Litter and Exotics within the unincorporated County. Prepared by: Michelle Edwards Arnold Code Enforcement Director Agenda Item No, 17 A September 13, 2005 Page 3 0119 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. Item Summary: 17A Meeting Date: An o,dinance which regull'ltes and controls liner, weem.. and exotics w11hin the unincorpora1ed Brea of Collier County 9/13/20059:00:00 AM Approved By Sandra Lea Executive Secretary Dote Community De....elopment 3- Community Devetopmll!nt & En....tronmental Ser'oo'icl!Ia Environmenttll Services Admin. 7f1f2JJOS 12:048 PM Approved B)' Constance A. Johnson OparationB Analyst Dote Community De....elopment &. Community OtIvelapmenl & Environmental Services Environmental Servlcu Admin. 7111120059:55 AM Approved By Jennifer A. Be-Ipedlo Aasi51ant County Attorney Dale County Attorney County Attorney Office 7111/2006 4:52 PM Apl~ro...ed By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Da,. Community Df).yelopment & Community Development & Environmental Services Environmental Service. Admin. 7/13/20052:01 PM Approved By OMB Coordinator Admini&trative Assistant Date County Manager's OffIce Office of Management & Budget 7f13/2005 2:27 PM Approved 8)' Mark Isackson Budget Analyst Dote County Man.:Jger'. OffIce Office of Management & Budget 7(1312005 3:15 PM Approved By James V. Mudd County Manager Date BOQrd of County Commissionera County Manager's Office 7115:2005 4:$4 PM Agenda Item No. 17 A September 13. 2005 Page 4 of 19 ORDINANCE NO. 2005-_ AN ORDINANCE WHICH REGULATES AND CONTROLS UITER, WEEDS, AND EXOTICS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, PROVIDING PURPOSE AND INTENT; TITLE; APPLICABILITY; DEFINITIONS; DECLARATION OF LITTER TO BE A PUBLIC NUISANCE AND TO BE UNLAWFUL; PROHIBITING THE UNAUTHORIZED ACCUMULATION OF LITTER; DECLARING DUMPING OR DEPOSITING OF ABANDONED PROPERTY AS PROHIBITED; REGULATING THE STORAGE OF LI1TER (AND CHANGES RELATED TO CONSTRUCTION SITE CONTAINMENT OF LI'ITER); REGULA TING WASTE MATERIALS MANAGEMENT (AND CONTAINMENT PIT AREAS TO CONFORM TO DEP STANDARDS); DECLARING WEEDS AND EXOTICS TO BE A PUBLIC NUISANCE (AND REGULATING THE CONTROL OF WEEDS AND EXOTICS); PROVIDING FOR EXEMPTIONS; PROVIDING FOR (fHE ABATEMENT OF NUISANCES AND) NOTICE OF VIOLATION FOR THE ABATEMENT OF THE PUBLIC NUISANCE; PROVIDING FOR ASSESSMENT FOR THE ABATEMENT OF NUISANCES; PROVIDING FOR RIGHT TO HEARING ON THE DECLARATION AND ASSESSMENT OF A PUBLIC NUISANCE; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR IMMEDIATE CORRECTIVE ACTION; PROVIDING FOR PROCEDURES FOR AND EFFECT OF MAILED NOTICES; PROVIDING FOR A MANDATORY LOT MOWING PROGRAM; PROVIDING FOR PENAL TIES: PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 99-51, 2000-51, AND 2001-21; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN ARTICLE VI, SECTION 54, THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DA 'fE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcement zoning regulations necessary for the protection of the public; and WHEREAS, the Board of County Commissioners has determined that land which is allowed to become overgrown with weeds, grass, exotics or similar growth on land on which abandoned properties or trash is allowed to accumulate is detrimental to the health, safety and welfare of the citizens of Collier County as harborage for vermin, rodents and other disease vectors; and WHEREAS, the Board of County Commissioners has determined that unimproved property, which is in close proximity to urban areas, is distinguishable from improved property, because it generally lacks management of vegetative growth; and WHEREAS, the Board of County Commissioners has determined that certain exotic species, both fauna and flora, grow rapidly and uncontrollably and may drastically change the ecological character of the unimproved property, which is in close proximity to urban areas, if unsupervised or unmanaged; and WHEREAS, Board of County Commissioners has detennined that an annual public notice will enhance public awareness of the requirements imposed by these regulations, and a mandatory County lot mowing procedure for repeat violations be established that will include a retainer account to ensure payment of contracted services and lessen the burden of the County taxpayers; and WHEREAS, the Board of County Commissioners has determined that pursuant to existing case law, easements, alleys, canals and rights-of-way dedicated to the County on plats create easement interests in favor of the County, unless the plat expressly states another interest is conveyed; and Page 1 of 16 Agenda Item No. 17 A September 13. 2005 Page 5 of 19 WHEREAS, the Board of County Connnissioners has also detennined that pursuant to existing case law, the holder of the fee simple property is responsible for the maintenance of the dedicated easement area unless: 1. The County has expressly assumed this maintenance obligation; 2. The County bas voluntarily assumed the obligation by performing maintenance pursuant to the standard set forth by case law; or 3. Other methods established by case law; and WHEREAS, the Board of County Commissioners has determined that the provision for containment areas on large residential lots would provide an economic benefit to the community at large and if managed inappropriately would create a negative impact on the environment; and WHEREAS, the Board of County Commissioners has determined that construction site waste when inadequately contained would create a negative impact on surrounding property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Purpose and Intent The code is hereby considered to be remedial and shall be construed and interpreted to secure the public safety, health and general welfare through clean and sanitary property, free from wind-blown debris and materials. 1. The accumulation of Litter and Abandoned Property on public and private property constitutes a hazard and is detrimental to the health, safety and welfare of the citizens of Collier County. 2. The accumulation of weeds, grass, or Exotics or similar growth on, or in close proximity to, residentially, connnercially, or industrially-zoned land is detrimental to the health, safety, and welfare of the citizens of Collier County. SECTION TWO: Title This Ordinance shall be known and may be cited as the "Collier County Litter, Weed and Exotics Control Ordinance". SECTION THREE: Applicability This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County. SECTION FOUR: Definitions When used in this Code, the following words. phrases, or terms shall have the following meanings, unless the content clearly indicates otherwise: 1. ABANDONED PROPERTY - any wrecked, inoperative, derelict, or partially dismantled property having little, if any, value other than nominal salvage value, which has been left unattended and unprotected from the elements, which shall include, but not be limited to, motor vehicles, trailers, boats, machinery, appliances such as refrigerators and washing machines, plumbing fixtures, furniture, and any other similar articles. 2. ABATE - to mow a Mowable Lot to a height of less than six (6) inches, or to remove Exotic Plants to a height of equal to surrounding natural elevation and poison any stumps, if remaining, with an EP A approved herbicide containing a visual tracer dye; or to remove Litter; or to remove Abandoned Property, in accordance with this Ordinance. Mulching of Exotic Plants is allowed as long as the mulching occurs in an Enclosed Container, and is removed from the site. 3. CONSTRUCTION & DEMOLITION DEBRIS - means discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or Page 2 of16 Agenda Item No. 17 A September 13. 2005 Page 6 of 19 demolition project site. The tenn includes rocks, soils, tree remains, trees, and other vegetative matter which oonnally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; effective January 1, 1997, except as provided in Section 403.707(12)(j). F.S., unpainted, non-treated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, non-treated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and de minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, . provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. 4. EXOTICS or EXOTIC PLANTS - Australian pine (Casuarina. all species), Melaleuca (all species), Brazilian pepper (Schinus terebinthifolius), downy rose myrtle (Rhodomvrtus tomentosus) earleaf acacia (Acacia auriculifonnis), Java plum (Svzvlrium cumini), Woman's tongue (Albizia lebbeck), catclaw mimose (Mimosa Digra), and any prohibited exotic species that may be added to County Ordinance No. 0441, as amended, (Section 3.05.08, Collier County Land Development Code). 5. ENCLOSED CONTAINER - any container having a physical structure which prevents materials from falling out, spilling, blowing out by wind action, or coming out by other accidental means during transport or on-site storage, and shall include, but not be limited to, garbage cans, truck bodies capable of being enclosed for transit purposes only, roll-off containers, and any other container sufficient to prevent the accidental scattering or leaking of said materials on surrounding properties and on public roads. A dumpster enclosure is not an enclosed container. 6. IMPROVED PROPERTY - real property that contains buildings, streets (or paved areas) or other structural improvements. 7. INERT WASTE MATERIALS - brick, block, concrete, rock, stone, earth and sand, free from contamination or other types of waste, free from protruding rebar and/or other metals, and capable of serving as fill material without harm to, or pollution of, ground or surface waters 8. Ll1TER - any discarded, used, or unconsumed substances or wastes. Litter shall include, but shall not be limited to, garbage, trash, refuse, debris, paper product (including newspapers and magazines), glass, metal, plastic or other containers, cloth, wood and wood products, sweepings, liquids (other than uncontaminated water), sludge, grass clippings, tree limbs, trunks and roots, undergrowth and materials produced by clearing and grubbing and other horticulture wastes, motor vehicle parts and tires, furniture, oil or grease, hazardous wastes (including gasoline, paint thinners and other similar types), the carcass of a dead animal, any obnoxious or offensive matter of any kind, any object likely to injure any person or create a traffic or pedestrian hazard, or any other condition of any unsightly nature, which may have been discarded, abandoned or otherwise disposed of improperly. 9. MOWABLE LOT- a. Any portion, piece, division, or parcel of land in any Recorded or Unrecorded Subdivision of this County, of which fifty percent (50010) or more of unimproved property, can be mowed with bushhog-type or smaller mowing equipment, without damage to the lot or equipment. For purposes of detennining lot size, rights-of-way, alleys, and all easements shall be included in the calculation of the Mowable Lot; or b. Any portion of Improved Property, which can be mowed with bushhog-type, or smaller, mowing equipment without damage to the lot or equipment. 10. PROHIBITED ACCUMCJI.ATION OF EXOTICS- any accumulation of Exotics, which is located on improved or unimproved property. Page 3 of16 Agenda Item No. 17 A September 13. 2005 Page 7 of 19 II. RECORDED SUBDWISION - Land subdivided into three (3) or more lots, parcels, sites, units, or any other division of land for which a plat has been filed with Clerk of Courts of Collier County. 12. RECEPTACLE - A container made of material that will protect the property and environment from leakage, spillage and overflow of any type of litter, waste, or debris. A dumpster enclosure is not a receptacle. 13. STORAGE OF U1TER - the interim containment of Litter in a manner approved by the Board of County Commissioners, after generation of such Litter and prior to proper and final disposal. 14. UNAUTHORIZED ACCUMULATION OF LITTER - the accumulation of Litter in or upon any public or private property or body of water, which is not contained within proper containers or receptacle provided for control of Litter, or is not otherwise pennitted or authorized, by any other Collier County Ordinance. This tenn shall not include building materials used in construction or repair of a building or structure which materials are properly stored at the site of such activity, so long as: a. the subject building is being constructed, remodeled, repaired, or demolished under the authority of an active, valid Collier County building pennit and for which the materials are to be used; and b. the building materials are secured during construction, remodel, repair, or building demolition, to prevent the material from falling out, spilling, blowing out by wind action, or coming out by other accidental means so that it trespasses on adjacent properties, or creates a negative visual impact to surrounding properties. Unauthorized accumulation of Litter shall also include, but not be limited to, the accumulation or storage of Litter or containerized Litter or Abandoned Property adjacent to public right-of-way if such materials are placed upon a right-of-way earlier than six (6) p.m. of the night prior to the regularly scheduled pickup for that location by the County solid waste collection contractor, or allowing said accumulation, or container to remain adjacent to the public right-of-way after six (6) p.m. of the day of the scheduled pickup. 15. UNLAWFUL ACCUMULATION OF WEEDS, GRASS OR SIMILAR NON- PROTECTED OVERGROWTH - any accumulation of weeds, grass or similar non-protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and located on a Mowable Lot, in any Recorded or Unrecorded subdivision of Collier County. 16. UNRECORDED SUBDWISION - any land which for the purpose of sale or transfer has been subdivided for the purpose of sale or transfer, prior to the enactment of Ordinance 76-6, as amended, or any other division of land for which a plat has not been filed with the Clerk of Courts of Collier County. 17. WRI1TEN CORRECTIVE NOTICE- a written statement issued to the violator or his/her agent identii)'ing and which states the violation, date of the violation, location of the violation, the corrective measures required to be taken, and the date by which the corrective measures are to be completed. SECTION FIVE: Litter Declared to be A Public Nuisance The Unauthorized Accumulation of Litter or improper Storage of Litter or improper dumping of Abandoned Property or Litter as described in Sections Six, Seven, Eight, Nine, or Ten, in or upon public or private property, is hereby declared to be a public nuisance. SECTION SIX: Unlawful to Utter It shall be unlawful for any person to throw, discard, place, drop, or deposit Litter in any manner or amount in or upon any public property, private property, highway, street, right-of-way or body of water within the unincorporated areas of Collier County, Florida, except in such ilreas and Enclosed Containers Page 4 of16 Agenda Item No. 17 A September 13. 2005 Page 8 of 19 specifically provided and appropriately designated for the disposal of Litter. In any case where Litter is ejected or discarded from a motor vehicle, except at approved and permitted disposal sites, the operator of the motor vehicle shall be deemed in violation of this Ordinance. SECTION SEVEN: Unauthorized Accumulation ofLiUer Any Unauthorized AcclUDulation of Litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this Ordinance. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this Ordinance where any such Unauthorized Accumulation of Litter is maintained or is allowed to remain on such property. SECTION EIGHT: Dumping or Depositing of Abandoned Property Prohibited. It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or depositing of Abandoned Property on any public or private real property, street, or highway. However, Abandoned Property kept in a completely enclosed building or a business enterprise, which is lawfully licensed and zoned for receipt and storage of Abandoned Property, shall be an exception to this provision. If Abandoned Property is kept or stored in connection with a lawfully licensed business enterprise, all Abandoned Property shall be screened so that it is not visible from any public right(s)-of-way or from any property used for residential purposes. It shall be unlawful to engage in or permit the dumping, storing, placing, or depositing of Abandoned Property in any residential area, unless such Abandoned Property is kept in a completely enclosed building. SECTION NINE: Storage of Litter I. All commercial establishments shall store Litter in containers so as to eliminate wind- driven debris and Litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers regardless of whether located within an enclosure, will constitute an Unlawful Accumulation of Litter and must be immediately cleaned up as it occurs. 2. All loading and unloading zones at conunercial establishments shall be provided with Litter receptacles by the owner of the business to store Litter. 3. Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain Litter generated from such establishment 4. Any and every person in possession, or in charge or in control of any place, public or private where Litter is accumulated or generated, at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials, until proper final disposal is accomplished. 5. All construction and demolition contractors, whether owners or agents, shall provide on- site receptacles for Litter sufficient to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis. Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food, drink and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an Unlawful Accumulation of Litter and shall be immediately cleaned up as it occurs. a. Should a violation of Paragraph 5 of this section occur, the construction/demolition contractor, whether owner or agent, will be required to secure a roll-off container with cover, for containment of Construction Debris on the site with collection scheduled necessary to prevent spillage and overflow around the containers. Page 5 of 16 Agenda Item No. 17 A September 13. 2005 Page 9 of 19 SECTION TEN: Waste Materials MauagemeDt 1. Inert Waste Materials may be buried on a site after a valid building permit for such site has been obtained and posted and provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert Waste Materials, which have not been properly buried or disposed of, will be deemed as Litter. On-site containment of downed trees and other vegetative growth shall be permitted on residentially-zoned 1018 exceeding one (1) acre in size and in the Estates zoned areas and only for vegetative growth which has been cut, cleared or removed on the same property of the pennitted construction, providing all of the following conditions are met: a. A valid building pennit for construction of a single family residence on the applicable lot has been obtained and is posted before removal and containment of such growth; and b. The site plan shall identify the location of the containment area; and c. The containment area is subject to the following restrictions: i. The downed trees and vegetative growth are placed into an excavated earthen depression which does not exceed three (3) feet in depth from the surrounding natural elevation and does not cover a horizontal surface area greater than ten thousand (10,000) square feet; and ii. All such excavated earthen depressions containing downed trees and vegetative growth shall not be closer than fifteen (15) feet from the side and rear property lines or within a public or private easement or right-of-way; and iii. The nearest point of such excavated earthen depression for containment of on- site downed trees and vegetative growth shall not be closer than seventy-five (75) feet to any structure, one hundred (100) feet from private and/or potable wells, and no closer than one hundred (100) feet to any public or private right-of-way; and iv. All downed trees and vegetative growth contained in such excavated earthen depression shall be so contained to prevent the protrusion of any such growth more than twenty four (24) inches above the surrounding natural elevation including earthen cover; and v. All cleared vegetation four (4) inches and less in diameter shall either be chipped/shredded, or removed from the site. No chipped or shredded material shall be placed in the containment area. Stumps, root balls, tree trunks and other cleared vegetation four (4) inches and larger in diameter may be placed in containment areas; and d No excavated material shall be removed from the site. e. Failure to either remove downed trees or downed vegetative growth from residentially- zoned 1018 exceeding one (1) acre in size, or Estates zoned properties, or to properly contain such material as required by this Ordinance, shall result in such downed trees and/or downed vegetative growth being classified as Litter and thereby subject to property owner, agent, and/or other responsible parties to any and all penalties provided under this ordinance: and f. Clearing within wetlands will require a Department of Environmental Protection Permit. SECTION ELEVEN: Declaration or Public Nuisauce 1. The accumulation of weeds, grass, or other similar non-protected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any Mowable Lot, and which lot has been specifically described by legal description and which condition has been determined by the County Manager or his designee to be a public nuisance pursuant to this Ordinance. Such Mowable Lot is, or may reasonably be expected to become, infested or inhabited by non-protected rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threaten or endanger the public health, safety or welfare, or may reasonably be expected to cause disease, Page 6 of16 Agenda Item No. 17A September 13. 2005 Page 10 of 19 or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or surrounding property. 2. The accumulation of Exotics, weeds, grass, or other similar non-protected overgrowth is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in this County, which condition is adjacent to a private or public right-of-way and is not within a Recorded or unrecorded Subdivision. However, the requirements for abatement of the public nuisance as described in Section Thirteen shall only apply to that portion of the property to a depth of twenty (20) feet from the property line or lines running adjacent and parallel to a private or public right(s)-of-way. 3. The accumulation of Exotics is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in Collier County when the Exotics are located within a two hundred (200) foot radius of any improved property located in a Recorded or unrecorded subdivision. However, the requirements for abatement of the public nuisance as described in Section Thirteen shall only apply to that portion of the unimproved property where the Exotics exist within a two hundred (200) foot radius of any abutting, improved property. Furthennore, the requirements for abatement of the public nuisance as descnbed in Section Thirteen shall only apply when the County received a complaint. 4. The accumulation of Exotics, weeds, grass, or other similar non-protected overgrowth in excess of eighteen (18) inches in height, is hereby prohibited and declared to be a public nuisance when such condition is located on any unimproved property in Collier County which is within five hundred (500) feet ofImproved Property when such accumulation has aided any person to conceal or facilitate the commission of criminal acts against passers-by and the citizens of Collier County and is likely to continue to aid in the concealment or commission of future criminal acts if such accumulation is not abated. A report from the Collier County Sheriff's office identifying such unimproved property, which was allegedly utilized by any person to conceal or facilitate the commission of criminal acts against passers-by or the citizens of Collier County shall constitute sufficient evidence. However, the requirements for abatement of the public nuisance as described in Section Thirteen shall only apply to that portion of the unimproved property where the accumulation exists within a five hundred (500) foot radius of Improved Property. 5. Exotic plants located in right(s)-of-way, alley(s), canal(s), and easements(s) on improved property within Recorded or Unrecorded Subdivisions are prohibited and declared to be a public nuisance. 6. The accumulation of weeds, grass or similar non-protected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in the unincorporated Collier County, which is not within a Recorded or unrecorded Subdivision, when the weeds, grass or similar growth are located within one hundred (100) feet of the property line or lines of Recorded or unrecorded Subdivision(s). SECTION TWELVE: Exemptions I. The area zoned Estates shall be exempt from the weed and Exotic plant public nuisance declarations provided in Section Eleven. 2. Accumulations of protected vegetation such as coastal strands, scrub, tropical hammocks, dune vegetation and property officially declared "protected" by any federal, state or local ordinance (such as wetlands), are hereby exempted from being considered public nuisance declarations pursuant to Section Eleven. 3. The lands zoned Agricultural that are located outside of the Urban Boundary as described in the Collier County Future Land Use Map shall be exempt from the weed and Exotic plant public nuisance declarations provided in Section Eleven. Page 7 of16 Agenda Item No. 17A September 13. 2005 Page 11 of 19 4. All lands zoned agricultural that are not being used for an essential service as defined in the Collier County Land Development Code and/or a bona fide agricultural use shall be exempt from the weed and Exotic plant public nuisance declarations provided in Section Eleven. SECTION THIRTEEN: Notice of Violation 1. Annual Published Notice. Annually, the County Manager, or his designee(s) will publish, or cause to be published, a public Notice, in substantially the following fonn, which details the abatement procedures for violations described in section Eleven of this Ordinance. This Notice will be published in a newspaper of general circulation for a minimum of four Sundays beginning with the first Sunday in January of each year, and on every other Sunday thereafter: A PUBLIC NOTICE FROM THE CODE ENFORCEMENT DEPARTMENT OF COLLIER COUNTY, FLORIDA NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCHES IN HEIGHT -ORDINANCE 2005-_ Section Eleven, requires that all owners of developed and undeveloped lots shall control all excessive growth of grasses or weeds over 18 inches by mowing. All lots with such vegetation over 18 inches in height will be identified by a Code Enforcement Investigator and a Notice of Violation and Order to Correct may, at the County's option, be mailed to the property owner(s) or posted on the lot If posted, a copy of this notice will also be posted at the Collier County Courthouse at 3301 Tamiami Trail E., Naples FL 34112 or the Immokalee Courthouse at 1 06 1'~ Street S, Immokalee FL, 34142, as applicable. A posted notice may, at the option of the County, be used in lieu of mailing individua1letters to property owners. After ten (10) days from the date of posing or mailing, if no action is taken, the County will abate the violation by contracting for the lot to be mowed by a mowing contractor. A bill will then be sent to the lot's owner of record for the mowing fees plus an administrative fee of $100.00. Additional charges can be assessed for oversized lots or extremely overgrown lots. Repeat violators may be subject to additional fees or charges, or after three violations may be included in a mandatory lot mowing program instituted by the County. The owner must remit payment for the amounts billed within twenty (20) days from the mailing of the County's invoice. If the invoiced bill is not paid within this twenty-day period a Detennination Order assessing a lien will be imposed by the Special Master. if certified and recorded, this order may constitute a lien on ALL of the violator's real and personal property in Collier County. This lien may be paid without further costs, within twenty (20) days from the date of detennination by the Special Master for Collier County. If the lien remains unpaid after one (1) year from the date of the recording of the lien, Collier County may bring suit to foreclose the lien as set for in Chapter 173, Florida Statutes. All property owners are requested to make arrangements for the proper maintenance of their land as the practice of sending mailed Notices of Violation to owners, in particular absentee owners, will be at the option of the County. The cooperation of all affected property owners will assist in reducing the large number of complaints about such nuisances received each year by the Code Enforcement Department. Compliance with this requirement will also help to control vermin and improve the appearance of the affected areas of the unincorporated County. Any questions regarding these procedures can be addressed to the Code Enforcement Department. Phone number (239) 403-2440; located at 2800 North Horseshoe Drive, Naples, FL 34104. Page 8 of16 Agenda Item No, 17A September 13. 2005 Page 12 of 19 a. Annual publication of this Notice is intended to provide continuing constructive notice to all affected property owners in Collier County of the procedures for abatement of the specified violations, and of the consequences of failing to timely abate cited violations. b. Failure of the County to timely, or fully, publish the Annual Notice will not be a grounds for challenging any enforcement action brought under this article. 2. Whenever the County Manager or his designee determines that a public nuisance as described in Sections Five, Eight, Ten and Eleven of this Ordinance, he will cause one or more of the following fonns of notice of violation to be provided to the record owner or owners of said property informing the owner(s) of said property of the existence of the nuisance and the corresponding violations(s). The form and manner of the notice provided will be determined by the Director of Code Enforcement and will depend on the number of violations cited to a particular property owner(s), the number of frequency of any prior violations at property owned by the violator(s), the timeliness of any prior abatement(s) of similar violation(s), the existence of other code violations, and of any previously satisfied, foreclosed, or outstanding code enforcement liens. As a general rule, certified mail, return receipt requested, should be provided to all first time violators as set forth in the corresponding procedures below. Posted notices are generally considered appropriate for repeat violations at the same location or for the same violator(s) especially when there is a pattern of certified mail sent to property owners who are not Collier County residents being returned unclaimed or being refused. a. A Notice of Violation may be served on a violator, Le., the record owner( s) of the cited property, either by: L Certified mail, return receipt requested, notifying the record owner(s) of the cited violations via a Notice in substantially the following form: Code Enforcement Department Notice of Violation and Order to Correct To: Date: Ordinance: Violation/Case No.: Property: Folio #: Dear Property Owner: According to the official records of this County, you are the owner of the above-described property. As such. you are hereby notified that the Code Enforcement Director, on -----1dateL- determined that a public nuisance exists on your property pursuant to County Ordinance No. 2005--, caused by: ~describe violationJ_. You are further notified that you shall abate this nuisance within ten (10) days of the date of this notice by ~describe how to abateL. Failing this action on your part, the Board of County Commissioners will cause the nuisance to be abated. YOUR FAILURE TO ABATE THE NUISANCE MAY RESULT IN THE RECORDING OF A LIEN AGAINST YOUR PROPERTY. The lien shall include the direct cost plus an administrative fee of up to $200.00 and will be levied as an assessment against all of the property you own. Page 9 of 16 Agenda Item No. 17 A September 13. 2005 Page 13 of 19 IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATION DURING YOUR OWNERSlDP OF THE REFERENCED PROPERTY, EVEN THOUGH YOU ABATE EACH VIOLATION, YOU MAY BE CHARGED A PENALTY OF FIFTY DOLLARS AND AN ADMINISTRATIVE FEE. You may contest this detennination of the existence of a public nuisance by applying in writing, for a hearing before the Special Master within fifteen (15) days from the date of this notice of violation. Or: ii. by posting a Notice in a substantially the following form in a clearly visible location on the cited property, and at the Collier County Courthouse. or Immokalee Courthouse. The posted Notices must be in substantially the following form: POSTED CoIlier County Code Enforcement Department Notice of Violation of Section of Ordinance 2005-_, and Order to Correct To: [Owner(s) of Record] Date Posted; Violation/Case No. Property [Insert address where violation occurred] Folio #: As the official record owner(s) of the above-described property, you are hereby notified that a public nuisance exists on this property as of [insert date] in the form of: _[describe violation]_ on the subject property. You are further notified that you must immediately abate this nuisance within ten (10) days of the date of posting of this Notice by causing the above-described property to be: _[ mowed/exotics removed, or otherwise describe how to abate]_. If the violation is not abated within the time required, the County may act to cause the nuisance to be abated. FAILURE TO ABATE TIDS NUISANCE MAY RESULT IN THE RECORDING OF A LIEN AGAINST THE LAND ON WHICH THE VIOLATION EXISTS AND UPON ANY OTHER REAL OR PERSONAL PROPERTY YOU OWN IN COLLIER COUNTY. Such liens may include the County's costs to abate the violation plus an administrative fee of up to S200.00, all of which may be levied as an assessment against your property(s). You may contest this Notice of violation and determination of the existence of a public nuisance by applying in writing, for a hearing before the Special Master within fifteen (15) days from the date of posting this notice of violation. b. If the same violator(s) receives three or more Notices of violation of this Ordinance during their ownership of any property in CoIlier County, even though the violations may have been timely abated, a penalty of Fifty (S50.00) dollars will be charged for each notice received thereafter. An administrative fee of One Hundred (SIOO.OO) dollars will also be assessed for each invoice processed for the payment of said penalty. In addition, all cited property(s), may at the discretion of the County Manager or his designee, become subject to the County's mandatory lot mowing program provisions in Section Nineteen. Page 10 ofl6 Agenda Item No. 17 A September 13, 2005 Page 14 of 19 c. If the property owner or his agent has not abated the identified nuisance as described in said notice within ten (10) days from the date of the notice of violation, the County will Abate the condition and shall, through its employees, servants, agents, or contractors, be authorized to enter upon the property and take such steps as are reasonably required to Abate the nuisance. However, the County Manager, in his discretion may extend the time allowed for taking corrective action up to 180 days for natural disasters as determined by the State or Federal government. SECTION FOURTEEN: Assessment for Abating Nuisance 1. After abatement by the County or its agent, the cost thereof to the County as to each parcel shall be calculated and reported to the Collier County Manager or hislher designee. An invoice shall be mailed to the property owner(s) for the cost of abatement. The invoice shall also include an administrative fee of Onl)-hundred ($100.00) dollars per parcel of property. 2. In tbe event the property owner abates the violation, but bas received a total of three notices of violation for separate violations during the property owners ownership of the referenced property, tbe County sball mail an invoice to tbe property owner including a penalty of Fifty ($50.00) per parcel, plus an administrative fee of One Hundred ($100.00) dollan for tbe repeat violation invoice. Eacb notice of violation thereafter to the same property owner, shaD be processed in the same manner. 3. If tbe invoice sent by tbe County Manager or bis/ber designee is not paid at the expiration of the twenty (20) days of the date of the invoice, the Special Master and may impose a lien against the property. Tbe Special Master, by determination order, shaD assess such cost against such parcel. Said determination order shall: a. describe the land and show the cost of abatement, and shall include the initial administrative fee of One-hundred ($100.00) dollars per parcel as mentioned in paragraph 1 of this section, plus an additional administrative fee of One- hundred ($100.00) for lien processing, or b. describe the land and shall include the penalty and initial administrative fee ef per parcel as mentioned in paragraph 2 of this section. Such determination order shall constitute a lien, which sball run with the property until paid. The determination order sball also specify that interest shall accrue on the unpaid balance beginning on the date tbe resolution is recorded at the rate of twelve (12) percent per annum. 4. A copy of the Resolntion approved by the Board of County Commissioners will be accompanied by a legal notice of assessment of lien substantially in the following form: BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN <Insert Property Owner's Name and Address> DATE: REF. INV.# FOLlO# LIEN NUMBER: LEGAL DESCRIPTION: Page 11 of 16 Agenda Item No. 17A September 13. 2005 Page 15of19 You, as the owner of the property above-deseribed, as recorded in the records maintained by the offke of the Property Appraiser, are hereby advised that the Code EDforcemeDt Director, did OD _(date]-, 20---, order the abatement of a certain nuisance existlDg on the above property prohibited by OrdiDance 2004- ---' and served a notice of violation UPOD you. Tbe nuisance is: ~desenbe the nuisanceL You falled to abate such Duisance, whereupon, it was abated by the expenditure of public funds at a direct cost of $_.---, and an administrative cost of Two-hundred ($200.00) donars for a total of $_._. (or, You abated the nuisance but failed to pay the $_._ penalty imposed and caused the County to incur aD administrative cost of Two Hundred ($200.00) dollars. Such cost, by determinatioD order of a Special Master for Collier County, Florida, will become a lieD on your property within tweDty (20) days of determinatioD by the Special Master when recorded You may request a hearing before the Special Master to show cause, if any, why the expenses and charges incurred by the County under County Ordirumce No. 2005- --' are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Secretary to the Special Master, Collier County Government Center, 2800 North Horseshoe Drive, Naples, Florida 34104 in writiDg within ten (10) days from the date of this notice. FAILURE TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. 5. After the expiration of one year from the date of the Lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set for the herein verbatim. 6. The liens for delinquent assessments imposed hereunder shall remain liens, coequal with the lien for all state, county, district and municipal taxes, superior in dignity to all other filed liens and claims, until paid as provided herein. 7. After recording of the Lien, the County Manager or his designee may accept partial payment and recommend satisfaction of the Lien to the Board if helshe detennines an error has been made based upon hislher judgment. SECTION FIFfEEN: Assessment Right to HeariDgs on Declaration of Public NuisaDce aDd AssessmeDt 1. Any property owner receiving the notice of violation pursuant to Section Thirteen may contest this detennination by filing an application for a hearing before the Special Master within fifteen (15) days from the date affixed on the notice of violation, depeDdeDt upon the Dotice and type of proceeding. 2. Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisioDs of this ordinance, and such owner remains liable for violations thereof regardless of any CODtract or agreement with any third party regarding such property. 3. If, after said hearing, the Special Master determines that the assessment is fair, reasonable, and warranted, the assessment determination order shall be recorded forthwith. If the Special Master determines that the charges axe excessive or unwarranted, it shall direct the County Manager to re- compute the charges and the Special Master shall hold a further hearing after notice to the owner upon the r&-COmputed charges. Page 12 of16 Aaenda Item No. 17A September 13. 2005 Page 16 of 19 SECTION SIXTEEN: Enforcement Procednres Investigators of Collier County are hereby empowered to issue Written Corrective Notices and/or notices to appear in County court, or before the Special Master, to any person violating the provisions of this Ordinance. All such notices issued, shall be maintained by the issuing authority for public inspections, during normal office hours. Written Corrective Notices issued by Investigators of this ordinance shall state the date observed, nature of the offense committed, corrective measures to be taken and the date on or before which such corrections shall be made. Any person who has been served with such notice in accordance with the provisions of this Ordinance, and who neglects or refuses or fails to fully comply with the corrective notices so ordered and/or to comply within the time frame so ordered therein, shall be in violation of this Ordinance. SECTION SEVENTEEN: Immediate Corrective Action In the event the County Manager, or his designee, determines or has reason to believe that a violation including, but not limited to, accumulation of weeds or litter presents a serious threat to the public health, safety or welfare of the public or that the violation is of such a nature as to require immediate correction, lhe violator may be required by notice to effectuate immediate corrective measures upon receipt of the notice. The notice, substantially in the fann set forth in Section Thirteen, shall advise the owner that the County will remedy the hazardous condition as soon as possible. To be effective, the notice shall be served upon the occupant if the property is occupied or physically posted on the property and sent by certified mail to the owner as hislher name appears on the records of the property appraiser. SECTION EIGHTEEN: Procednres for and Effect of Mailed Notices Notices shall be mailed to the violator's address indicated on the records of the Collier county Property Appraiser of such lot or parcel of land for ad valorem taxation purposes, whether mailed by regular U.S. Postal Service upon the person, for the purpose of this article. A property owner is deemed to have received a mailed notice on the tenth (lOth) day after the notice is placed in the United States mail. Evidence that the proper notice has been mailed is sufficient to demonstrate that the notice requirements of this article have been met, without regard to whether the property owner actually received such notice. Refusal to accept service of such notices by a property owner or its agent will not defeat this personal service, nor bar the County from proceeding with enforcement, creating lawful liens, and performing the necessary abatement under this article. It is the property owner's responsibility to maintain a current address with the Collier County Property Appraiser's office at all times. SECTION NINETEEN: Procedures for Mandatory Lot Mowing Program 1. Inclusion in Mandatory Lot Mowing Program. If a public nuisance is determined to exist three or more times after July 15, 200 1, on a particular lot or parcel of unimproved property while under the same ownership, then at the discretion of the County Manager, or his designee, such property will be placed in the Mandatory Lot Mowing Program. as set forth below. 2. Exemption from lot mowing program. Individual property owners of record whose real property is included in the County's mandatory lot mowing program, may request an exemption from inclusion in the program by submitting to the County Manager, or his designee, a signed written agreement, acceptable to the County, covenanting that the property owner will maintain the property so that the height of any grass, weeds, or otherwise regulated vegetative matter will not constitute a public nuisance or exceed eighteen inches in height. In addition, the property owner must provide a letter of credit, contract agreement, escrow agreement, or some other surety with a mowing company that is acceptable to the County. The surety provided may vary, but must remain in effect throughout the property owner's ownership of the property(s). The agreement must also include a provision of PageI3ofI6 Agenda Item No. 17 A September 13. 2005 Page 17 of 19 understanding by the owner that should he/she fail to keep the con1ract agreement and ensure no violation to this code exists on the property(s), the agreement approved by the County will become null and void. In that event the property owner would be provided written notice that the lot mowing program exemption would be revoked by a date certain, the property would be placed in the Mandatory Lot Mowing Program, and not be entitled to any further exemptions so long as owned by the same property owner(s). 3. Mandatory Lot Mowing Invoice Billing. The County Manager, or his designee, will mail an invoice to the owner(s) of property(s) included in the Mandatory Lot Mowing Program. Invoice billing amounts will include actual costs incurred for mowing, plus an administrative fee. The invoice will be mailed to the address listed with the Collier County Property Appraiser's Office as the tax roll address of record. Notice to owner(s) of account balance requirements are accomplished in this Section, and receipt of the invoice will not defeat this personal service, nor bar the County from proceeding with enforcement, creating lawfu1liens, and performing the necessary abatement under this ordinance. 4. Failure to comply with payment of a Mandatory Lot Mowing invoice, as set forth in Subsection (3) above, will constitute a violation to this Ordinance. If, after 30 days of mailing, the invoice has not been paid, the County Manager, or his designee, will proceed with enforcement procedures to file a lien. The Legal Notice of Assessment of Lien will be submitted to the Special Master who shall impose a lien against the property. The Special Master shall assess all applicable costs and fees against such parcel and all other properties owned by the violator in Collier County. Said action shall: A) describe the land that has been included in the Mandatory Lot Mowing Program and show the cost of abatement, which shall include the initial administrative expense of one-hundred ($100) dollars plus one- hundred ($100) dollars per parcel for lien processing. Such action, when recorded, shall constitute a lien on all personal and real property located in Collier County, which runs with the owner's real property W1til paid. The action will also specifY that interest will accrue on the unpaid balance beginning on the date the resolution is recorded at the statutory interest rate per annum. 5 Legal Notice of Assessment of Lien. The Legal Notice of Assessment of Lien will substantially be in the following form: BOARD OF COUNTY COMMISSIONERS THROUGH IT'S CODE ENFORCEMENT DEPARTMENT COLLffiR COUNTY, FLORIDA TO: ~InsertProperty Owner's Name and Address]_ DATE: REFERENCE INVOICE#: VIOLATION FOLIO #: VIOLATION LEGAL DESECRIPTION: You, as the owner of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did detennine a public nuisance existed and constituted a violation of county regulation on ---' 200-, and ordered the abatement of certain nuisance existing on the above property prohibited by Ordinance No. 2005--, and served a notice of violation upon you. The nuisance is: J:describe the nuisanceL You have failed to timely abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of $_.00 and an administrative cost oU _.00 for a total of $_._. Page 14 of16 Agenda Item No. 17A September 13. 2005 Page 18 of 19 Such costs, by order of the Special Master, will become a lien on your property when recorded. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. Upon determination order by the Special Master Secretary to the Special Master will immediately mail a copy of each approved order and Notice Assessment of Lien via regular U.S. mail. If full payment for the assessed amount, is not made by the property owner within twenty (20) days from the date of signature of the determination order by the Special Master, then the Secretary to the Special Master will automatically and without further direction record both the Order and Notice of Assessment of Lien in the public records of Collier County. Recording said determination order will act to impose a lien on the violator's property. 6. Limitation on time to contest levy of lien. Any person aggrieved by the action of the board must commence an action in circuit court within thirty (30) days from the date the order is rendered. Unless such action is begun within this thirty (30) day period, all objections of that person to the imposition of the lien will be deemed to have been waived. 7. Prepayment and recording of lien. For a period of twenty (20) days after the date of the order of the Special Master levying the delinquent lot-mowing lien, the lien may be paid without additional interest. Properties, for which payments are received or postmarked within twenty (20) days from the date the order is signed, will stay the recording of the lien. If, after expiration of the prepayment period payment expires and said payment is not received. A certified copy of the order will be recorded in the office of the Clerk of the Circuit Court in Collier County. 8. Release of Lien. Owners who have paid the delinquent lien in full after the recording of the lien are entitled to a release and satisfaction of lien from the County. The recording of the release and satisfaction oflien and any charges therefore are the responsibility of the property owner. 9. Foreclosure. Liens associated with this Section may be foreclosed in the same manner as liens for property taxes or special assessments. In the event the County prevails, owners ofproperty(s) against whom a foreclosure action is commenced will be liable for all fees, costs and expenses incurred by the County or its agents, including reasonable attorney's fees, and the same may be assessed as a cost in the foreclosure action. 10. Validity of liens not affected by irregularities. Any informality or irregularity in the proceedings to impose a lien for delinquent lot mowing fees will not affect the validity of the same after the order levying the lien has been as adopted, and no deviation from the procedures prescribed above will affect the validity of the lien unless it can be clearly shown that the party objecting was materially injured thereby. 11. Alternate methods of collection permitted. Nothing herein prohibits the County from utilizing other means to collect delinquent lot mowing fees including, but not limited to, an action for damages filed in the appropriate court in Collier County, Florida. SECTION TWENTY: Penalties If any person fails or refuses to obey or comply with or violates any of the provisions of this ordinance, such person upon an order by the Code Enforcement Board or Special Master may be fined as authorized by the Ordinances establishing the Enforcement Board and Special Master. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be guilty of a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non- compliance. Any person convicted of such offense, shall be guilty of a misdemeanor and shall be Page 15 of 16 Agenda Item No. 17 A September 13. 2005 Page 19 of 19 punished by a fine not to exceed Five Hundred ($50()'oO) dollars or by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the Court. Further, nothing is this Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board, or Special Master, established pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION TWENTY -ONE: Repeal of Ordinances Ordinance Numbers 99-51, 2000-51, and 200 1-21 are hereby expressly repealed by the enactment of this Ordinance. SECTION TWENTY-TWO: Conflict and Severability In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutiona~ such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the rernaindering portion. SECTION TWENTY-THREE: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of laws and Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word with the Department of State. SECTION TWENTY-FOUR: Effective Date This ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of , 2005. ATTEST: DWIGHT BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Maureen Kenyon, Deputy Clerk BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal Sufficiency: Jennifer A. Belpedio Assistant County Attorney Page 16 of 16 Agenda Item No. 178 September 13, 2005 Page 1 of 18 EXECUTIVE SUMMARY To obtain Board of County Commissioners approval to repeal and replace the Ordinance establishing the Code Enforcement Board and the Ordinance establishing the Nuisance Abatement Board. OBJECTIVE: To repeal and replace the Ordinance establishing the Code Enforcement Board and the Ordinance establishing the Nuisance Abatement Board. CONSIDERATION: In accordance with Florida Statutes Chapter 162, the Board of County Commissioners exercised its authority to create an administrative board, with the authority to impose administrative fines and other non-criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances of Collier County, where a pending or repeated violation continues to exist. After the establishment of the Code Enforcement Board in 1992, the ordinance has been modified four times for the enhancement of the Code Enforcement Board's structure and powers. Subsequently, there have been amendments to the State Statutes containing the rules governing the Board., in addition to case law and Attorney General opinions that have been rendered and should be considered for the regulatory make-up of the Board. In 1996,. the Board of County Commissioners further exercised its authority under Charter 893 and created an Administrative Board (the Nuisance Abatement Board) to hear complaints regarding nuisances that expanded beyond local codes and ordinances, including drug-related, ...... prostitution-related, stolen property-related, as well as criminal gang activity public nuisances. After the establishment of the Nuisance Abatement Board, which also functions as the Code Enforcement Board, State Statutes authorizing this body has been amended to modify the scope of the Board's authority. The proposed ordinance incOIporates all the Statutory amendments as well as those procedural amendments needed in order for the Boards governed by this ordinance to function as efficiently as possible. The changes being proposed to the Ordinance are as follows: . Definitions have been updated and those terms that no longer are contained in the Ordinance have been omitted. . An updated definition for "Public Nuisance" has been added to the Ordinance. . The procedures for the issuance of a subpoena has been modified to give the Chairman of the Code Enforcement Board the authority to execute rather than having to go through the Clerk of Courts. . The amount that the Board may fine a violator per day has been increased from $250 per day per violation to $1,000 per day per violation; and in cases of repeat violators from $500 per day per violation to $5,000 per day per violation. If the Enforcement Board finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $15,000 per violation as opposed to the $5,000 limitation in the prior Ordinance. . A separate fining structure has been incorporated for the Nuisance Abatement Board providing for $250 per day for first offenses and $500 per day for repeat offenses. Both ~_. ,....._,., Agenda Item No. 178 September 13, 2005 Page 2 of 18 fines may include payment of reasonable costs and attorney fees associated with investigations of and hearings on public nuisances. . Clarifying that in cases where a public nuisance has been brought against one of the tenants of multiple tenants establishment, on which the property owner also conducts his or her business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within 90 days. . The requirements for notice have been modified to reflect the most up-to-date requirements. Personal service must be attempted and when unsuccessful, certified mail is the required option. If certified mail is refused or not successful, the violated property and local courthouse must be posted for a minimum of 10 days prior to the compliance date or the hearing date, whichever is applicable. Notification in a newspaper of general circulation is another alternative if all others are not successful. FISCAL IMP ACT: The proposed changes will not have a fiscal impact. GROWTH MANAGEMENT IMP ACT: The proposed changes will not have a growth management impact. LEGAL CONSIDERATION: The proposed Ordinance has been reviewed and approved for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners repeal County Code Enforcement Board Ordinance No. 92-80, No. 96-78, No. 98-20 and No. 99-26 and Collier County Nuisance Abatement Board Ordinance No. 96-11 and adopt the proposed Ordinance establishing the Code Enforcement Board and Nuisance Abatement Board. Prepared by: Michelle Edwards Arnold Code Enforcement Director Agenda Item No. 178 September 13, 2005 Page 3 0118 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 178 Meeting Date: To obtllin Board of County Commissioner approval to repeal and replace the Ordinance establishing the Code Enforcement Board Bnd the Nuisance Ab~temenl Board 9113/2005 9 :00:00 AM Ar'proved By Constance A. JohnflOn Operatinns Analyst DA1e Community Development & Community Devll'lopl'OO'm & Environmental Servl~ Environmental Sorvices Admin, 7/111200511:06 AM Approved By Sandra Lea ExecltlvG Secretary Date Community Development & Community Development & 7/121200511:16 AM Environmental S&rvicea Environmental Services Admin. AplJrOved By Community Development & Joseph K, Schmitt Environmental Services Admlnstrator Date community Development & Community Ol!l'Jelopment& Environmental Services Environmental ServiU9 Admin. 7(13/2005 2:42 PM Approved By OMS Coordinator Administrative Assistant Date County Mmager's Office Office of Management & BUdget 711312005 4:12 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office OffIce of Management: & Budget 711312005 5;01 PM AIJproved By Michael Smykowski MAnagement & Budget Director Date County Manager's omce Offlce of Management & Budget 7113120055:56 PM Approved By Jame6 V. Mudd County Manager Date Board of County County Manager's Office 71141'2:00(> 4:16 PM Commissioners Agenda Item No. 17B September 13. 2005 Page 4 of 18 ORDINANCE NO. 05- AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY CODE ENFORCEMENT BOARD AND PUBLIC NUISANCE ABATEMENT ORDINANCE; SETTING FORTH TilE FINDINGS AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING DEFINITIONS; ESTABLISHING THE COMPOSITION, APPOINTMENT AND TERMS OF MEMBERS, VACANCIES AND REMOVAL OF MEMBERS; ESTABLISHING THE ORGANIZATION OF THE ENFORCEMENT BOARD; SETTING FORTH THE POWERS AND DUTIES OF THE ENFORCEMENT BOARD; ESTABLISHING PROCEDURES FOR PUBLIC NUSIANCE ABATEMENT; PROVIDING AN ENFORCEMENT PROCEDURE; PROVIDING FOR CONDUCT OF HEARING; ESTABLISHING PENALITIES; PROVIDING FOR CONFLICT AND SEVERABILITY; REPEALING COLLIER COUNTY CODE ENFORCEMENT BOARD ORDINANCE NOS. 92-80; 96-78; 98-20 AND 99-26 AND COLLIER COUNTY NUISANCE ABATEMENT BOARD ORDINANCE NO. 96-11; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII of the Constitution of the State of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, Section 125.01 (1), Florida Statutes, provides that the legislative and governing body of a county shall have the power to carry on county government and that said power includes but is not limited to, a number of powers set forth in Section 125.01, so long as any powers exercised are not inconsistent with general or special law; and WHEREAS, Section 125.01 (1) (t), Florida Statutes, provides that a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, Section 125.01(1), Florida Statutes, enumerates county powers which include, but are not limited to: providing for the prosecution and defense of legal causes on behalf of the County, establishing and enforcing zoning and business regulations as are necessary for the protection of the public, establishing and enforcing regulations for the sale of alcoholic beverages in unincorporated areas of the County pursuant to general law, entering into agreements with other governmental agencies within or outside the boundaries of the County for joint perfonnance or performance by one unit on behalf of the other of any of eitber agency's authorized functions, the performance of any other acts not inconsistent with law, which acts are in the common interest of the people of the County, and the exercise of all powers and privileges not specifically prohibited by law; ahd WHEREAS, Section 125.01 (3) (a) and (b), Florida Statutes, recognizes that the enumeration of powers in Section 125.01 (1), Florida Statutes, incorporates all implied powers necessary or incident to carry out those powers and that Section 125.01, Florida Statutes, shall be liberally construed in order to effectively carry out the purpose of the section and to secure for counties the broad exercise of home rule powers authorized by the State Constitution; and Agenda Item No. 178 September 13, 2005 Page 5 of 18 WHEREAS, the Commission find that Collier County has a population of greater than 50,000 and that the fine structure allowed by Section 162.09 (2) (b), Florida Statutes, is necessary to achieve code and ordinance compliance; and WHEREAS, Section 162.02, Florida Statutes, authorizes the creation of administrative boards, with authority to impose administrative fines and other non-criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances of Collier County; and WHEREAS, Section 162.08 (5), Florida Statutes, provides that an administrative board shall have the power to issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; WHEREAS, Section 162.13, Florida Statutes, provides that it is the legislative intent of Sections 162.01-162.12, Florida Statutes, to provide an additional or supplemental means of obtaining compliance with local codes and that nothing contained in those sections shall prohibits a local governing body from enforcing its codes by any other means; and WHEREAS, the Commission has determined that it is the best interest of the citizens of Collier County to create Code Enforcement Boards as additional means of enforcement; and WHEREAS, Section 893.138, Florida Statutes, authorizes counties to create local administrative boards with authority to abate e1mg-related., prostitution-related., or stolen property-related public nuisances, as well as criminal gang activity; and WHEREAS, Section 823.05, Florida Statutes, declares certain places and premises to be a nuisance and further provides that such places or premises shall be abated or enjoined as provided in Sections 60.05 and 60.06, Florida Statutes; and WHEREAS, the Commission has determined that any places or premises which are used as the site of illegal or nuisance activities including, but not limited to, unlawful sale and delivery of controlled substances, prostitution, criminal gang activity, are a public nuisance that adversely affects the public health, safety, morals and welfare; and WHEREAS, ongoing and recent law enforcement activities conducted by the Collier County Sheriff indicate that there are premises and places within Collier County which are used as the site of illegal and/or nuisance activities including, but not limited to, unlawful sale or delivery of controlled substances, prostitution, gang activity, gambling, illegal sale or consumption of alcoholic beverages, or lewd or lascivious behavior; and WHEREAS, the Commission has determined that abating public nuisances which result from illegal activity is necessary to improve the quality of live for the residents of Collier County and that abatement of illegal activity will safeguard the public health, safety and welfare and to the extent possible, eliminate the adverse and negative secondary effects of public nuisances on surrounding neighborhoods; and WHEREAS, the Commission desires to minimize, control and., to the extent possible, eliminate the adverse and negative secondary effects of public nuisances on surrounding neighborhoods and areas and thereby protect the health., safety and welfare of the citizenry, protect the citizens from increased crime, preserve the quality of life, and preserve the property values and character of surrounding neighborhoods, as well as deterring the spread of urban blight; and 2 Agenda Item No. 178 September 13. 2005 Page 6 of 18 WHEREAS, Section 60.05, Florida Statutes, authorizes the County Attorney, among others, to sue in the name ofthe State on his relation to enjoin nuisances, the person maintaining same, or the owner or agent of the building or ground on which the nuisance exists; and WHEREAS, it is the intent of this Ordinance to enact and enforce public nuisance laws in a manner and through procedures which respect and uphold the constitutional due process rights of all affected citizens and property owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that: SECTION ONE: Findings and Purpose. 1. It is the intent and purpose of this Ordinance to promote, protect and improve the health, safety and welfare of the citizens of Collier County by authorizing the creation of administrative boards, with authority to impose administrative fines and other non-criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances of Collier County, where a pending or repeated violation continues to exist, including, but not limited to housing, occupational licenses, development standards, zoning, sign and noise codes. 2. Chapter 162, Florida Statutes, entitled Local Government Code Enforcement Boards Act, authorizes a County to establish local code enforcement boards. 3. It is in the best interests of the citizens of Collier County to create a Code Enforcement Board process as additional means for the enforcement of its Codes and Ordinances. 4. The Commission hereby finds and declares that any places or premises which are used as the site of criminal, illegal and/or nuisance activities including, but not limited to, unlawful sale, possession (where such possession constitutes a felony and the site has previously been used on more than one occasion as a site of unlawful sale, delivery, manufacture or cultivation of any controlled substance) or delivery of controlled substances, prostitution, gang activity, gambling, illegal sale or consumption of alcoholic beverages, or lewd or lascivious behavior, are a public nuisance that adversely affects the public health, safety, morals and welfare. The Board further finds that abating public nuisances which result from illegal and/or criminal activity is necessary to improve the quality of life for the residents of Collier County and that said abatement will safeguard the public health, safety and welfare. 5. It is the purpose of this ordinance to abate public nuisances and thereby protect and promote the public health, safety, welfare and morals of the citizens of the county. It is also the purpose of this ordinance to achieve said nuisance abatement goal by utilizing the Collier County Code Enforcement Board and any other lawfully authorized procedures which afford due process and respect and uphold the constitutional rights of all affected by this ordinance, including, but not limited to, property owners. This Ordinance is hereby declared to be remedial and essential to the public interest and it is intended that it be liberally construed to effectuate its stated purpose. The provisions of this Ordinance shall be cumulative and supplemental to any provisions of the Florida Statutes, Collier County ordinances, or any other applicable law. 3 Agenda Item No. 178 September 13, 2005 Page 7 of 18 SECTION TWO: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Code Enforcement Board, and Public Nuisance Abatement Board Ordinance" SECTION THREE: Applicability. The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of the county. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agree by resolution of the governing body of the municipality to have this Ordinance apply and be enforced in the municipality. SECTION FOUR: Definitions The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section: 1. Enforcement Board means the Collier County Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time. 2. Commission means the Board of County Commissioners who is the local governing body in and fOT Collier Co1Dlty, Florida. 3. County Attorney means the legal counsel to the Commission. 4. Issuing Officer means any authorized agent or employee of Collier County whose duty it is to assure code and ordinance compliance and who is responsible for the enforcement 5. Lien means a claim for unpaid civil penalties imposed by the Code Enforcement Board. 6. Person means an individual, association, firm, partnership, corporation, or other legal entity. 7. Prosecutor means the County Attorney, an Assistant County Attorney, or any member of the County staff who presents cases before an Enforcement Board. 8. Repeat violation shall mean a violation of a provision of a code or ordinance by a person who has been previously found through an Enforcement Board, Special Master, OT any other quasi-judicial or judicial process, to have violated the same provision within five (5) years prior to the violation, notwithstanding the former and present violations occur at different locations. 9. Public Nuisance means those nuisances as identified in either Section 893.138 or 823.05 of the Florida Statutes. 10. Secretary or Secretary to the Board means the administrative staff person in the Code Enforcement Department responsible for the preparation, development and coordination of all administrative and case management services necessary for the proper functioning of the board(s). 11. Violator means a person (the property owner, tenant, or business entity on the premises, or any combination thereof) alleged to, OT who has been found to have violated any code or ordinance of Collier County, which a Code Enforcement Board has jurisdiction to enforce. 4 Agenda Item No. 178 September 13. 2005 Page 8 of 18 SECTION FIVE: CompositioD; Appointment and Terms of Members; Vacancies; Removal of Member 1. There shall be one (1) or more Enforcement Boards which shall, from time to time, also function as the Nuisance Abatement Board. The Enforcement Board shall have jurisdiction to hear and decide cases in which violations are alleged of any provision of Collier County Codes or Ordinances. 2. The Enforcement Board shall be comprised of seven (7) members and two (2) alternate members appointed by the Commission. Members of the Enforcement Board shall include, whenever possible, an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. 3. Each member of the board shall be a permanent resident and elector of Collier County and shall serve without compensation. 4. Members may be reimbursed for such travel, mileage, and per diem expenses as may be authorized, in advance, by the Commission. 5. Any member or alternate member may be appointed for no more than 2 consecutive tenDS. Appointments to fill any vacancy to the Enforcement Board shall be for the remainder of the unexpired term of office. 6. When any Enforcement Board member fails to attend two (2) out of three (3) successive meetings without cause and without prior approval of the Board Chairman, the Enforcement Board shall declare the member's office vacant and the Commission shall promptly fill such vacancy. The members shall serve at the pleasure of the Commission and may be suspended and removed for cause by the Commission. If any member becomes a candidate for public elected office, or becomes and employee of the County, his membership will automatically terminate. 7. An Alternate member shall act only in the absence, or disqualification, of a regular board member. The initial appointments to the board shall be as follows: a) Two (2) members shall be appointed for a term of one (1) year; b) Three (3) members shall be appointed for a term of two (2) years; c) Two (2) members shall be appointed for a term of three (3) years; d) One (1) alternate member shall be appointed for a term of two (2) years and one (1) alternate member shall be appointed for a term of three (3) years. e) Thereafter, all appointments shall be made by the Commission for a term of three (3) years. t) In the event any member's term, including that of any alternate member's term, expired during the pendency of a case(s) which has not reached conclusion by a final vote, such member's expired term shall be extended for the limited time and for the limited purpose of presiding over such particular case(s) until conclusion and final vote and the time for rehearing has passed. In the event a rehearing is granted, such member's term shall continue for the limited time and limited purpose to rehear the matter and reach conclusion by final vote. 5 Agenda Item No. 178 September 13. 2005 Page 9 of 18 SECTION SIX: Organization of the Enforcement Board I. An Enforcement Board shall consist of a chaUperson, a vice-chairperson, and such other officers, as the board shall deem necessary, after election to such position by the board members. 2. Officers of Enforcement Board shall be elected by a majority vote of the membership at the first meeting of the board, after the initial appointment of the membership and annually thereafter. 3. The members of an Enforcement Board elected to serve as officers may so serve without restriction as to the number of terms served. 4. A minimum offour (4) members ofan Enforcement Board shall constitute a quorum. An alternate member shall be considered as one (I) of such members for quorum purposes. 5. An Enforcement Board may adopt such rules and regulations as deemed necessary to cany out their duties consistent with the provisions of this Ordinance and Florida Statutes Chapter 162, the Local Government Code Enforcement Boards Act, subject to approval by the Commission. 6. The Commission shall provide such clerical and administrative personnel and legal services as may be reasonably required by an Enforcement Board for the proper performance of its duties. 7. The Commission shall appoint an attorney who is a member of the Florida Bar, either residing or practicing in the County, to represent and act as legal counsel to the Enforcement Board, and such person shall attend all meetings of the Board. The attorney shall be compensated as provided by the Commission. 8. The Enforcement Board shall be reviewed by the Commission, in accordance with Collier County Ordinance No. 2001-55, as it may be amended. SECTION SEVEN: Powen and Duties I. The Collier County Enforcement Board shall have the power to: a) Adopt rules and regulations for the conduct of its hearings; b) Subpoena Violator and witnesses to appear at its hearings, which subpoenas may be served by the Collier County Sheriff or a duly authorized person; c) Subpoena evidence including, but not limited to, records, surveys, plats, and other documentary evidence, which subpoena may be served by the Collier County Sheriff or a duly authorized person, d) Take testimony under oath; e) Hold hearings on Notices of Violations; f) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; g) Assess administrative fines, costs, and to impose liens and order the payment of such fmes, as provided for herein; h) Authorize the County Attorney, or his designee, to foreclose on a lien or sue to recover a money judgment for unpaid fines and costs imposed by the Enforcement Board; i) Uphold any other powers and duties granted by Florida Statutes, Chapter 162, the Local Government Code Enforcement Board Act; 6 Agenda Item No. 178 September 13,2005 Page 10 of 18 SECTION EIGHT: Enforcement Procedures before the Enforcement Board 1. Matters brought to the Enforcement Board shall be scheduled on the applicable agenda consistent with the following procedures: A. Alleged violations of any code or ordinance may be filed with the Code Enforcement Department by citizens or those administrative officials who have the responsibility of enforcing the various codes and ordinances in force in Collier County. B. If a violation(s) of the code or ordinance is believed to exist, the Issuing Officer shall specify a reasonable time to correct the violation(s). C. Should any violation continue beyond the time specified for correction, the Secretary to the Board shall give notice to the Violator that a hearing will be conducted concerning the alleged violation(s) as noticed. The Notice shall state the time and place of the hearing, as well as the violation(s) which are alleged to exist. D. If the violation is corrected and then repeated or if the violation is not corrected by the time specified for correction by the Issuing Officer may either issue a citation or schedule the case for hearing. If the Issuing Officer initiates the hearing process, the case may be brought for hearing even if the violation has been corrected prior to hearing, and the notice of hearing shall so state. E. If the Issuing Officer has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare or if the violations is irreparable or irreversible in nature, the Issuing Officer shall make a reasonable effort to notify the violator and may immediately notify the Enforcement Board and request a hearing. F. If a repeat violation is found, the Code Investigator sha11 notify the violator but is not required to give the violator reasonable time to correct the violation. The Issuing Officer, upon notifying the violator of a repeat violation, may request a hearing. The Code Enforcement Department shall give notice to the Violator as set forth in paragraph c. of this section. The case may be brought for hearing even if the repeat violation has been corrected prior to hearing, and the notice of hearing shaIl so state. G. If the owner of property which is subject to a code enforcement proceeding transfers ownership of such property between the time the notice of violation was served and the time of the hearing, such owner shall: 1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; 2) Deliver to the prospective transferee a copy of the notices and other materials relating to the code enforcement proceeding received by the transferort 3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding; 4) File a notice with the Code Enforcement Department of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five (5) days after the date of the transfer; 7 Agenda Item No. 178 September 13, 2005 Page 11 of 18 5) A failure to make the disclosure descnbed above and before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the hearing shall not be dismissed, but the new owner sha1I be provided a reasonable period of time to correct the violation before the hearing is held 2. Matters brought to the Public Nuisance Abatement Board sha1I be scheduled on a separate agenda in accordance with the following procedures: A. Any employee, officer or resident of Collier County may make a complaint and request for prosecution of public nuisances before the Nuisance Abatement Board, for public nuisance(s) located within the area of Collier County as set forth in Section Three of this Ordinance. Said complaint shall be made with the Collier County Sheriff's Office if the complaint involves criminal activity as the underlying basis for the nuisance complaint. Any non-criminal nuisance complaints shall be made with the Collier County Code Enforcement Department. B. Upon the making of more than two (2) complaints within a six (6) month period on any particular place or premises, the Collier County Code Enforcement Supervisor or his/her designee shall mail written notice of such complaints by hand delivery or by certified mail, return receipt requested. to the owner of the place or premises complained of at the owner's address listed in the tax collector's office of tax notices. Said notice sha1I provide for the owner of the place or premises to contact Collier County Code Enforcement within fourteen (14) days of receipt of the notice. This time period shall be allowed for the purpose of allowing the owner to take such good faith measures as are appropriate to abate the nuisance. The Code Enforcement Supervisor or his/her designee may extend the fourteen (14) days to allow the owner to initiate or continue actions to abate the nuisance, provided that the actions taken are reasonable. C. In the event the owner fails to respond to the notice from Collier County Code Enforcement or fails to take reasonable action to abate the nuisance within the time frames set forth above, the Secretary to the Board shall schedule a hearing on the complaint before the Nuisance Abatement Board. The Sheriff's Office sha1I provide the Prosecutor with the results of its investigation of the complaint and also assist in serving any notices required under this Ordinance. The Sheriff's Office shall also make available the Sheriff's staff witnesses to appear before the Nuisance Abatement Board without need for subpoena. D. Written notice of a hearing before the Nuisance Abatement Board shall be provided by the Secretary to the Board by certified mail, return receipt requested, to the owner of the place or premises and to the complainant at least ten (10) calendar days prior to the scheduled hearing. Said notice shall include: (1) A statement of the time, place and nature of the hearing; (2) A statement of the legal authority and jurisdiction under which the hearing is to be held; (3) A reference to the particular sections of the statutes and ordinances involved; (4) A short and plain statement summarizing the nuisance, which is the subject of the complaint. 8 Agenda Item No. 178 September 13. 2005 Page 12 of 18 SECTION NINE: Subpoena Procedures. 2. Every subpoena for testimony before and Enforcement Board or Nuisance Abatement shall be issued by the Chairman of the Enforcement or the Nuisance Abatement Board, or its designee, under the seal of the County of Collier. Each subpoena shall state the name of the Enforcement Board, the title of the action, the case number of the action, the name and address of the person to whom the subpoena is issued, and the time, place and location of the hearing at which the person is directed to appear, and shall be prepared by the party requesting issuance. 2. A subpoena for production of documentary evidence may also be issued to command the person, to whom it is directed to produce the books, papers, documents or tangible items designated therein. The Enforcement Board, upon motion made timely and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents or tangible items. 3. A subpoena may be serve by any person authorized by law to serve process or by any other person who is not a party to the action and who is not less than eighteen (18) years of age. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so. Proof of service shall be filed with the secretary of the Enforcement Board The party at whose request the service is made shall make payment of any service fee. 4. Persons subpoenaed shall be entitled to a witness fee and mileage compensation as provided for in Section 92.142, Florida Statutes. The cost of the witness fee and mileage compensation shall be borne by the party at whose request the subpoena is issued and shall be paid to the witness at or before the time of service of the subpoena. SECTION TEN: Conduct of Hearing 1. Hearings relating to violations of local codes and ordinances shall be conducted in the following manner whether being held by the Code Enforcement Board or Nuisance Abatement Board. a) Upon request of the Issuing Officer, or at such times as may be necessary, a hearing before the Enforcement Board may be convened. b) All hearings shall be open to the public and any person whose interests may be affected by the matter before the Enforcement Board shall be given an opportunity to be heard Official minutes of all hearings shall be kept. c) Hearings may be informal and need not be conducted in accordance with the technical rules relating to evidence and witnesses. They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shall be observed and shall govern all hearings. d) At the hearing, the burden of proof shall be upon the Issuing Officer to show by the greater weight of evidence that a violation(s) does exist and that the Violator committed, or was responsible for maintaining or allowing the violation to continue. 9 Agenda Item No. 17B September 13, 2005 Page 130f 18 e) Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted and an order rendered even in the absence of the Violator. f) All testimony sha1I be under oath and shall be recorded by a certified court reporter and/or a recording instrument. The Violator may cause the proceedings to be recorded by and independent certified court reporter. g) All relevant evidence shall be admitted if, in the opinion of the Enforcement Board, it is the type of evidence upon which reasonable persons would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objection in civil actions. Any part of the evidence may be received in written form. h) Hearsay evidence may be accepted for the pwpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision. i) Each party to the hearing shall have the right to call and examine witnesses, introduce exlnbits, cross-examine opposing witnesses, impeach witnesses and rebut evidence. The Violator may be represented by legal counsel at all hearings. j) At the conclusion of the hearing, an oral decision (order) shall be issued based on evidence entered into the record. The decision shall then be sent to the respondent in the form of a written order including findings of fact, and conclusion of law based on evidence of record. k) Should an Enforcement Board be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Enforcement Board may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto by members of an Enforcement Board shall occur at a public meeting of the Enforcement Board. The Board shaIl thereafter issue its decision pursuant to Subsection j. of this Section. I) A certified copy of such order may be recorded in the public records of Collier County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns is the violations concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. m) If Collier County prevails in prosecuting a case before the Enforcement Board. it shall be entitled to recover all costs incurred in prosecuting the case before the Enforcement Board Whether and to what extent such costs are imposed shall be within the discretion of the Enforcement Board but shall not exceed the costs incurred. 2. The Collier County Code Enforcement Department shaIl present cases before the Nuisance Abatement Board. The Collier County Sheriff's Office shall only be responsible for receiving and investigating complaints, sharing said investigative information with the Code Enforcement Department, notifying the Code Enforcement Department of the need to schedule hearings, assisting the Code Enforcement Department staff in serving any notices required under 10 Agenda Item No. 178 September 13, 2005 Page 140f 18 this ordinance and making available investigative witnesses at Nuisance Abatement Board hearings, as generally set forth in Section Eight of this ordinance. All parties shall have an opportunity to present evidence and argument on all issues involved, to conduct cross- examination and submit rebuttal evidence, and to be represented by counsel. Where appropriate, the public any be given an opportunity to present oral or written communications. If the Nuisance Abatement Board proposes to consider such material, then all parties shall be given an opportunity to cross-examine or challenge or rebut said material. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Orders of the Nuisance Abatement Board shall be based on competent and substantial evidence and must be based on a preponderance of the evidence. 3. After considering all evidence, the Nuisance Abatement Board may declare the place or premises to be a public nuisance, as defined in this Ordinance and applicable Florida Statutes, and may enter an order immediately prohibiting: a) the maintaining of a nuisance; b) the operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; c) the conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. An order entered under Subsection (2) shall expire after one year or at such earlier time as stated in the order. The Nuisance Abatement Board may retain jurisdiction to modify its orders prior to the expiration of said orders. 4. The Nuisance Abatement Board or any other authorized person, may bring a complaint under Section 60.05, Florida Statutes, seeking a permanent injunction against any public nuisance. SECTION ELEVEN: Penalties before Enforcement Board. 1. The Code Enforcement Board, upon notification by the Code Enforcement official that a previous order of the Board for a first violation has not been complied with by the specified time, may order the violator to pay a fine which shall not exceed one thousand dollars ($1,000.00) per day per violation for each day the first violation continues past the date set for compliance; or in the case of a repeat violator, may order the repeat violator to pay a fine which shall not exceed five thousand dollars ($5,000.00) per day per violation for each day the violation continues past the date set for compliance, or from the time the violation has been repeated, and a hearing sha1I not be necessary for the issuance of the order. If the Enforcement Board finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed fifteen thousand dollars ($15,000.00) per violation. 2. In determining the amount of the fine, if any, an Enforcement Board shall consider the following factors: A. The gravity of the violation; B. Any actions taken by the violator to correct the violation; and C. Any previous violations committed by the violator. 11 Agenda Item No. 178 September 13, 2005 Page 15 of 18 3. The Nuisance Abatement Board may order the violator to pay a fine which shall not exceed Two Hundred and Fifty dollars ($250) per day for each day the first violation continues past the date set for compliance; or in the case of a repeat violator, may order the repeat violator to pay a fine which shall not exceed Five Hundred dollars ($500) per day. 4. Where the Nuisance Abatement Board hears an administrative action, based on a stolen property nuisance, against a property owner operating an establishment where multiple tenants, on one site, conduct their own retail business, the property owner shaIl not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within 90 days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. The total fines imposed pursuant to the authority of Chapter 893.138 shall not exceed Fifteen Thousand dollars ($15,000). 5. A certified copy of an Enforcement Board's order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation occurred or exists and upon any other real or personal property owned by the violator; and shall be superior to the interest on such parcel or property of any owner, lessee, tenant mortgagee or other person except the lien of county taxes, and shall be coequal with County taxes enforced in the same manner as a court Judgment by the sheriffs of this State, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three (3) months from the filing of any such lien which remains unpaid, the Enforcement Board may authorize the County Attorney to foreclose on the lien or forward the lien to a collection agency. No lien created pursuant to this Ordinance may be foreclosed on real property, which is a homestead under Section 4, Article X of the Florida Constitution. 6. No lien provided under this Ordinance shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien affected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a Notice of Lis Pendens is recorded. SECTION TWELVE: Costs for Nuisance Abatement cases In the event the Nuisance Abatement Board declares a place or premises to be a nuisance and issues an order pursuant to Section Seven of this ordinance, the Nuisance Abatement Board shaIl assess against the owner of the place or premises the costs which the County, its attorney and/or the Sheriff's Office have incurred in the preparation, investigation and presentation of the case. These costs shall be due and payable 20 days after the written order of the Nuisance Abatement Board has been filed in the public records. A certified copy of an order imposing costs may be recorded in the official records and thereafter shall constitute a lien against the land on which the violation exists or, if the violator does not own the land, upon any other real or personal property owned by the violator. Upon petition to the Circuit Court, said orderlIien may be enforced in the same manner as a court judgment except for enforcement purposes. After (1) year from the filing of any such lien, which remains unpaid, Collier County may foreclose or otherwise execute 12 Agenda Item No. 178 September 13. 2005 Page 16 of 18 on the lien with recovery of all costs, including reasonable attorney fees, associated with the recording of the order and foreclosure. Interest shall accrue on the unpaid costs at the legal rate of interest set forth in Section 55.03, Florida Statutes, as said statute may be amended, or replaced or superseded from time to time. No lien created pursuant to the provisions of this Ordinance may be foreclosed on real property that is homestead under Article X, Section Four of the Florida Constitution. SECTION THIRTEEN: Rehearing of Enforcement Board Action. 1. Either the Prosecutor or the Violator may request a rehearing of the decision of an Enforcement Board. A request for rehearing shall be made in writing and shall be filed with the Secretary to the Enforcement Board within ten (10) days of the date of receipt of the Board's written order, but in no event more than 20 days from the date of mailing of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Enforcement Board. The written request for rehearing shall specify the precise reasons therefore. 2. The Enforcement Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting, reduced to writing, and mailed to the interested parties within 10 days after the decision is made. If the Enforcement Board determines it will grant a rehearing, it may: A. Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Enforcement Board to the specific reasons for which the rehearing was granted; or B. Modify or reverse its prior order, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Enforcement Board resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. 3. The original order of the Enforcement Board shall be stayed and the time for taking an appeal, pursuant to Section 14 of this Ordinance, shaIl not commence to run until a request for rehearing has been denied or otherwise disposed of and the written decision has been received by the interested parties; provided, however, that in no event shall the order be stayed for a period longer than 20 days from the date of mailing of the rehearing decision. SECTION FOURTEEN: Appeals. 1. Any aggrieved party, including the Commission, may challenge a final administrative order of an Enforcement Board to the Circuit Court. Such challenge shall not be a hearing de novo but shaIl be limited to appellate review of the record created before the Enforcement Board. Any appeal shall be filed within thirty (30) days of the execution ofthe order to be appealed. 2. In the event that a party to the proceedings before an Enforcement Board should elect to appeal, a verbatim record of the proceedings may be required or may be desirable. It shall be the sole responsibility of each party to the proceedings to ensure that a record is made which includes the testimony upon which an appeal may be taken. Neither, Collier County or any 13 Agenda Item No. 178 September 13. 2005 Page 17 of 18 Enforcement Board shall have any responsibility to provide a verbatim transcript of the proceedings. SECTION FIFfEEN: Notices. 1. All notices required by this Ordinance shall be provided by certified mail, return receipt requested, or by hand delivery by the Director, Sheriff or other law enforcement officer, Code Official, or other person designated by the Commission or by leaving the notice at the Violator's usual place ofresidence with some person ofhis/her family over 15 years of age and informing such person of the contents of the notice. 2. In addition to providing notice as set forth in Subsection 1 of this section, at the option of the Enforcement Board, notice may also be served by publication, as follows a. Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. b. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. c. In lieu of publication as described in Subsection (2)(a) of this Section, such notice may be posted for at least (10) days in at least two (2) locations, one of which shall be the property upon which the violation is aIleged to exist and the other of which shall be at the front door of the courthouse. Proof of posting shaIl be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of posting. Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under section under Subsection 1 of this Section. 3. Evidence that an attempt has been made to hand deliver or mail notice as provided in Paragraph I of this Section, together with proof of publication or posting, shaIl be sufficient to show that the notice requirements of this Ordinance have been met, without regard to whether or not the Violator actua1Iy received such notice. 4. Proper notice may be assumed when a notice of violation and/or hearing has been mailed to the Violator, his/her agent, or other person in the household or business has accepted the notice, or where a Code Enforcement Investigator, under oath testifies that he/she did hand deliver the notice to the Violator. SECTION SIXTEEN: Supplemental Provision. It is the intent of this Ordinance to provide additional or supplemental means of obtaining compliance with local codes and ordinances. Nothing contained under this Ordinance sha1I prohibit the County from enforcing its codes by any appr9priate civil action, or by referral to the State Attorney's Office for prosecution in the case of a crimina1 violation, and/or by presentation to any other County board or agency with jurisdiction to hear and act upon the alleged code or ordinance violation. 14 Agenda Item No. 178 September 13, 2005 Page 18 of 18 SECTION SEVENTEEN: Repeal of Ordinance No. 92-80, No. %-11, No. 96-78, No. 98-20, and No. 99-26. Collier County Code Enforcement Board Ordinance No. 92-80, No. 96-78, No. 98-20 and No. 99-26 and Collier County Nuisance Abatement Board Ordinance No. 96-11 are hereby repealed and superceded in their entirety by this Ordinance. SECTION EIGHTEEN: Conffict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shaIl apply. Ifany phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINETEEN: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word SECTION TWENTY: EFFECTIVE DATE. This Ordinance shaIl become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of . 2005. ATTEST: DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney 15 Agenda Item No. 17C September 13, 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to adopt a Resolution revising the Collier County Water-Sewer District Utilities Standards Manual OBJECTIVE: To obtain the Board of County Commissioners (BCC) approval to adopt a Resolution revising the Collier County Water-Sewer District (CCWSD) Utilities Standards Manual (SM). The public purpose is to provide for a technically viable and current SM, promote ease of operation and maintenance of utilities infrastructure, protect the public's health, safety and welfare, and incorporate the input of the development community in the engineering of utilities infrastructure and standards within the County. CONSIDERATIONS: The Utilities Standards and Procedures Ordinance outlines County procedures and guidelines for the design and construction of both County-constructed and privately constructed utilities systems in the CCWSD. The SM, which derives from the Ordinance, provides engineering details. The Utilities Standards and Procedures Ordinance, Ordinance No. 88-76, was originally adopted in 1988; two amendments followed in 1989. Ordinance No. 97-17 adopted on Apr. 22, 1997 updated the Utilities Standards and Procedures and included the technical detail drawings and specifications. There were additional amendments in 1998 and 2000. ,-- On October 23, 2001, Ordinance No. 2001-57 was adopted, which made changes to the Technical Standards Manual; the approval process required the Public Utilities Division Administrator and the Development Services Advisory Committee (DSAC) Utilities Code Subcommittee to approve changes to the Technical Standards Manual. On May 11, 2004, the BCC adopted the latest Utilities Standards and Procedures Ordinance, Ordinance No. 2004-31 (Ordinance), as well as the first edition of the SM. The Ordinance requires that any future changes to the SM be approved by means of BCC Resolution. The Utilities Code Subcommittee (Subcommittee) of the DSAC and key members of the Public Utilities Division, the Community Development and Environmental Services Division, and the County Attorney's Office performed reviews of the SM revisions. The Subcommittee held monthly meetings to discuss and review proposed changes to the Ordinance and SM. In January, 2005, a utilities engineering consulting firm, Greeley & Hansen LLC (GH), was retained by County Staff to facilitate updates and help provide resolution during Subcommittee Meetings on engineering issues between County Staff and the Subcommittee. On June 21, 2005, the Subcommittee voted to approve the 2005 SM. On July 14, 2005, the DSAC approved the 2005 SM. . The County Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary and the corresponding attachments. #"'-, ,............ Executive Summary Recommendation to adopt a Resolution revising the Utilities Standards Manual Page 2 Agenda Item No. 17C September 13, 2005 Page 2 of 7 Collier County Water-Sewer District FISCAL IMPACT: There is no fiscal impact related to this action. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2003 Water and Wastewater Master Plan Updates adopted by the BCC on May 25,2004 as Agenda Items 10(0) and 10(C), respectively. RECOMMENDATION: That the Board of County Commissioners adopt a Resolution revising the CCWSD Utilities Standards Manual. PREPARED BY: Paul Kwa, P.E., Project Manager, Public Utilities Engineering Department Agenda Item No. He September 13, 2005 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. Item Summary: Mooting 0...: HC ReCommenl~atlon to adopt 8 Resolution retilslng the Comer County Wa1er-$ewer District Utilllies SlandfUd\;l Manual. 9/13/20059,00,00 AM Prepared B" Paul Kwa Pro~ Manager Date Publle UUnUes Public Utilities Engineering 816/20058:215:31 AM Approved By Porflno E, Gramatg.s. P.E, Sr. Project Manager Date Public Ot!11t~ Public UtIl1Uos. Englnooring 81912005 9;37 AM Appr01o'ed B" ThOmall- Wldo,. OperatIons Director Oat> Public U1l11tilt' Public utilities. Operations 819/2005 11 ;32 AM Approved B" O. George Vllmaz Interim WuteW.lIIter DIrector Palo Public Utllitifl WasteWater 8f1il/2005 4:37 PM Approved B)' P,",ul Matt<lusch WlltlllrDlrector Oat> Public UtlllUe-5 Witter 8/10120059:34 AM Approved B)-' Roy B. Ande,""on. P .E, Public Utilities Engineering Director Oat. Public utltiti".. PubUc Utllltle. Engineering 8111/20054:52: PM Approved B)-' James W, DeLony Public Utllltiotl Adminilltrator Oat. Public UtlUtle. Public: utiJItles Administration 811212006'2:42 PM Approved B)-' OMS Coordinntor Admlnistrati". Anlllard Oat. County Managers Office Office of Management & Budget 8115/20057:33 AM Approved By Michael Smykowskl Monlllosm"nt & Budget Director "'". County M...flger" Office Office of Management & Budget 8/23/2005 1 :08 PM Approved By James V. Mudd County M.n'gIIr Oat. BDard of County County Manager'. Offlo" 8/30/2006 1 :3Q PM Commissioner. Agenda Item No. 17C September 13,2005 Page 4 of 7 RESOLUTION NO. 200S._ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FWRIDA, AMENDING THE COLLIER COUNTY WATER.SEWER DISTRICT'S UTILITIES STANDARDS MANUAL, WInCH IS AN INTEGRAL PART OF COLLIER COUNTY ORDINANCE NO. 2004-31, TITLED THE COLLIER COUNTY UTILlTmS STANDARDS AND PROCEDURES ORDINANCE, CODIFmD IN ARTICLE III OF THE CODE OF LAWS AND ORDINANCES (CODE); PROVIDING FOR INCLUSION IN THE COUNTY ADMlNISTRA TlVECODE PURSUANT TO SECTION 2-11 OF THE CODE; AND PROVIDING FOR A DELAYED EFFECTIVE DATE. WHEREAS, in 2004 the Board of County Commissioners (Board) adopted Collier County Ordinance No. 2004-31, titled the Collier County Utilities Standards and Procedures Ordinance, which is codified as Article m, Utilities Standards and Procedures, in Sections 134- 51 through 134-64 of the Code of Laws and Ordinances (Code), and WHEREAS, The "Collier County Water-Sewer District Utilities Standards Manual," (Manual) was adopted by the Board concurrently with the 2004 Utilities Standards and Procedures Ordinance, including all of the Manual's exhibits, consisting of. and not necessarily limited to, all technical standards, specifications, detail drawings, Utility Deviation Fonns, Water Meter Sizing and hnpact Fee Form, Final Waiver of Liens, and Utilities Conveyance Documents Checklists for potable water, non-potable irrigation water and wastewater systems; and WHEREAS, Section Eleven of Ordinance No. 2004-31, codified as Code Section 134- 63, Amendments, specifies that revisions to the Manual must be approved by Resolution of the Board of County Commissioners, and each such Resolution must be agendized on the Board's Agenda either under Scheduled Public Hearings or in the Summary Agenda Section; and WHEREAS, after careful review, including inputs from the stakeholders, staff has recommended to the Board that the Manual be updated by staff s recommended amendments; and WHEREAS, the Executive Summary that accompanies this Resolution details each of the significant amendments now being made to the Manual; and WHEREAS, the Development Services Advisory Committee (DSAC) has accepted the recommendation of its Utility Code Sub-committee to recommend approval of the Manual, as amended, and likewise recommended approval subject to the requirement that the Manual, as amended, be incorporated into the County's Administrative Code, as provided for in Code Section 2-11. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FWRIDA, that: 1. The Board of County Commissioners, after advertised public hearing, accepts staffs and the DSAC recommendations and hereby adopts the foregoing WHEREAS clauses as being true and correct. Accordingly, the attached amended Manual, originally approved as part of Collier County Ordinance No. 2004-31, the Collier County Utilities Standards and Procedures Ordinance, and as hereby codified as stated above, is hereby incorporated by reference and adopted, as amended. 2. This Manual. as amended, shall take effect on September 16, 2005, and may be included in, and be made a part of, the Collier County Administrative Code consistent with Code Section 2-11. Page 1 of 2 Agenda Item No. 17C September 13, 2005 Page 5 of 7 This Resolution is adopted after motion, second and majority vote favoring adoption this day of ,2005. ATIEST Dwight E. Brock. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By Deputy Clerk By: Fred W. Coyle. Chainnan Approved as to form and legal sufficiency: BY:~ Thomas C. Palmer, Assistant County Attorney Page 20f2 Agenda Item No. 17C September 13, 2005 Page 6 of 7 ATTACHMENT The most significant changes to the SM in this go-around include: . Adding Florida Department of Environmental Protection (FDEP) Water and Wastewater Checklists 62-555.900(7) and 62-604.300(8)(a) requirements into the SM to assure conformance of SM to FDEP regulations . Adding a Florida Department of Transportation (FOOT) utilities open cut restoration Detail Drawing in the Detail Drawings Section of the SM . Adding two Wastewater Lift Station Odor Control Unit Sizing Charts in the Detail Drawings Section of the SM and updating the Odor Control specifications in the Specifications Section of the SM . Adding stormwater pipe and raw water pipe minimum distance separation criteria from utilities lines . Clearing up language on fittings manufacturers . Adding certification requirement for pipe casing welders and high density polyethelyne (HOPE) butt fusers . Adding requirement that all pump stations conform to National Electrical Code (NEC) requirements . Ridding the HDPE butt-fusion testing requirement from the Specifications Section . Adding Subaqueous Horizontal Direction Drilling (HOD) specifications . Adding requirement of 57 Stone between stormwater and wastewater lines . Adding requirement of having successful telemetry testing prior to County acceptance . Other engineering changes such as specification of material and brand,. and regulation of core boring into manholes . Minor edit revisions The 2005 SM can be viewed at the County Public Utilities web site. ULO!"- ,....0-- ".-00 ._.N!,,- ~ Q.l Cl _CO ....Q.lO" $..0 -E coQ) '0..... c:a. Q.lQ.l Jf(() ~ _1/!'(i>_C!' _..rt,_.1l'l '. - U CD .- e a.. '::! 8 a N[~~~~. 8 -'''1 .....'-..-8 -..-'" -...-"" II-"-~ " a t _n-.c a _U-i a I"~'.._~ .-.........,..- ,..-.. g -"'_., NI_v.,_~ "i == Q. ca CJ ... S ca :I CD - U) ~ "C C ca ... S ca ~ It) Q Q N .... 0- a ..... -i ~1-"'~8'-."" n,'._.' E~[l a _.,,-~ -"'-8 -.,.~. ~ a t: a ~~ i (.) I l ~~ l ~ t c c 0 '-I .... :g c. E 'Iii Oi c '; NI ... 0 ..... u :e f 8J A. ...... ::s ~ c ... " " CII U c c 'I c !] !] Q 8 . . CD E ca z - u CD .- e a.. !i ~ ~ ~ ~ ~ c o ~ a- ut c .... J i .~ e A. Agenda Item No. 17D September 13, 2005 Page 1 of 47 ,-- EXECUTIVE SUMMARY Recommendation to approve the first amendment to the cable franchise agreement that retroactively approves the renewal of a cable television franchise for Marco Island Cable, Incorporated. OBJECTIVE: To obtain Board approval for the retroactive renewal of a cable television franchise agreement for Marco Island Cable, Inc. CONSIDERATIONS: On June 23, 1997 the Board of County Commissioners (Board) granted a non-exclusive cable franchise agreement to Marco Island Cable, Inc. for a tenn of seven years. Approval of this request will only extend the tenn of the Franchise. Approval does not change the franchised area. In the cable franchise agreement, the franchise service boundaries are limited to within the municipal boundaries of Marco Island. With the incorporation of the City of Marco Island in 1998, the new City negotiated with Collier County for assignment of the Marco Island Cable Franchise (and the Media One Cable Franchise (Comcast)) to the City. Marco Island Cable continues to operate within the City incorporated limits, but the County's Cable Franchise remained active for the (small) unincorporated area of the Goodland area. Marco Island Cable has not extended its cable service facilities into any unincorporated area on the island, but desires to keep its unincorporated area Franchise active in anticipation of serving that area. Marco Island Cable's franchise expired on June 24, 2004 because the franchise operator assumed that the Franchises did not expire until June 24, 2012. On Wednesday, August 3, 2005, staff met with the President of Marco Island Cable regarding its expired cable franchise agreement, resolving any ambiguity between the Marco Island Cable Franchise Agreement and Article II, Sec. 30-28 (g) of Chapter 30 of the Collier County Code of Laws and Ordinances. On Friday, August 5, 2005, County staff received a fonnal request from Marco Island Cable, Inc. to renew the cable franchise agreement retroactively to June 24, 2004 and to be extended out to June 24,2012. The Board, acting in its official capacity as the Local Franchising Authority, has the power to approve or deny this application to extend the tenn provided there is a reasonable basis to do either. The Office of the County Attorney and Cable Administration staff have reviewed the cable franchise agreement as well as the Marco Island Cable, Inc. request to retroactively renew this cable franchise agreement and believe that no valid reason exists to deny the requested extension. .'- Agenda Item No. 17D September 13, 2005 Page 2 of 47 FISCAL IMPACT: Approval of this request will have no fiscal impact on Collier County. Previously, cable franchise agreement renewal applications were subj ect to payment of a $5,000 non-refundable application fee to cover administrative costs to process such applications; however, Florida Senate Bill 1322, enacted on June 2, 2005, bars collection of these fees, because that law was "clarifying" that cable entities that are subject to the Florida's Communications Services Tax (which includes Marco Island Cable) shall not be required to pay such fees because those taxes are deemed to include these application fees. GROWTH MANAGEMENT IMPACT: This action contemplates no impact on Growth Management. LEGAL CONSIDERATIONS: Review by the Office of the County Attorney and by Franchise Administration staff indicate that no valid reason exists to justify denial of the subject Application to extend the term of the subject Franchise Agreement. RECOMMENDATION: That the Board adopt the attached proposed amendment to thereby extend Marco Island Cable Franchise, applicable only to the unincorporated area on Marco Island, to June 24,2012. PREPARED BY: James French, Regulation / Operations Manager, CDES Operational Support Department Item Number: Item Summlry: MeetIng Date: Agenda Item No. 17D September 13. 2005 Page 3 of 47 COLLIER Cm;NTY BOARD OF COUNTY COMMISSIONERS 170 Recomrnendalion 10 ~pprov~ the first Ilmel\dment to the cable fnndllsti agreement that retroacMIy approves the renewal of 8 cable televis.ior\ franchise for Marco lfll:lend Cable, Incorporated. 9/1312005 9:00:00 AM 0... Prepared B" J.mIIIS French Community Development & Envlronmllntal Services Op&ratlofll> Supervisor COES Oporations 812./2005 10:44:~ AM 0... Approved By Sandra Lea Executive Secretary Communit)' Development & Community De\Itdoprne-nt & EnvtronmerTlal kl'\flce. Environmental Service19 Admin. 8124(200512:57 PM Approved B:!t' Date Denton Baker Community Oevelapnlltrtt & Envlronl'Ntntal Servloe. Financial Admin & Houa'l19 D'r~ctor Financl.1 Admin. & Housing 8124/2005 6:26 PM 0... Apprond By Const.nce A. Johnson Operatlom. Arlldyct Community Ol';ll",elopment & Community Dtowjopment & Environmental Services Environment.! Service.Admin, B/25/2oo6 3: 18 PM Approved By A..iSUint County Attorney Dote 8126/200512:17 PM Thoma. Palmer County Attorney COllnty Attor~ OffICe 0... Approved By Jo.s"Ph K. Sct'unlt1 Community Development & Environmental Service. Community Delieloproont & Envlr(mmental Service. Admlnltrlltar Community Development & Enlo'.rOI'UTlCtnt.! Servlclla Admin. 812812005 1:44 PM 0... Approved By OMB Coordin.ator County Manager'. Offlce Admlnl$trntlw As.istant Office of Manllg.ment & Budget 8/29/20OG 9:48 AM 0... Approved By Mark 161l1cklon County Manager's Office Budget Anal)'.t Office of Managlilment & Oudgtlt 8/30/20069:16 AM Date Ar.pro'Yed B)' Michaf.lt Srnykowski County M.lnagor'. O1Tlcc Management &. Budget Dlrectar Office 01 Managcmwnt & Budget 8JJOI2Q05 12:28 PM Dote Approved By Jamas V. Mudd Board Df County Commlall.lon&nl County Manager COLlnty Manager's: Office 9/2120051:17 PM Agenda Item No. 17D September 13, 2005 Page 4 of 47 FIRST AMENDMENT TO CABLE TELEVISION FRANCHISE Paragraph 4.3 in the Cable Television Franchise between Collier County and Marco Island Cable specifies a seven-year term. The subject 26-page Franchise Agreement commended on June 24, 1997 and expired on June 24.2004. The Collier County Board of County Commissioners hereby extends the term of the subject Franchise by agreeing to amend only paragraph 4.3 (on page 7 thereof) to read as follows: "4.3 The term of this Franchise is extended retroactively from June 24, 2004 until June 24, 2012." The Franchise Agreement is not otherwise amended. IN WITNESS WHEREOF, the undersigned have caused this First Amendment to Cable Franchise Agreement to be executed, effective immediately. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Fred W. Coyle. Chairman ATTEST: MARCO ISLAND CABLE ., J~~ Susan G. Gaston Corporate Secretary The foregoing was acknowledged before me this l.!l..- day of ~ 4- 2005 by William R. Gaston, who produced a Florida's Driver's Lice se as identification. ~&{~. BY: (L.S) NOTARY PUBLIC APprov~ to fo~nd legal sufficiency By: ----d,c~ \ ~ Thomas C. Palmer, Assistant County Attorney Agenda Item No. 170 September 13, 2005 Page 5 of 47 Voice: (239) 642-4545 Fax: (239) 394-4895 Website: www.marcocable.com E-mail: marcocable@marcocable.com ......., MANAC'JER OPFICE. R~:O\J~"L I ~ ~~ "1 ~~~- AUG - 5 lOO5 Mr. Jim Mudd A.~Jl6 ACTION_at' ~V~. U"'/.-/ Collier County Manager .~., I.~~ ..,;'~~ 3301 Tamiami Trail East FILE . 2"'t. Naples, FL 34112 -. pU. . Re: Administrative matter for clarification of Marco Island Cable's franchise te?~ Dear Mr. Mudd: August 5, 2005 Marco Island Cable received a 7 year franchise June 24, 1997. This franchise was for the area known as Marco Island. Later that year a city-hood vote was taken and Marco Island, with the exception of Goodland, became a city. In late 1998, the city requested that it take over the control of the two franchisees that serve the city. After extensive negotiations, Marco Island Cable's County franchise was assigned to be administered by the City of Marco Island for the portion of the franchise area within the city limits. It was my understanding that as part of the negotiations for assignment that the franchise term had been extended to a fu1115 year term ending in June of20l2. Discussions with Mr. Blue Wallace and Mr. Tom Palmer indicate that they disagree, but they have recommened course of action to clear any doubt. Per their recommendations, Marco Island Cable hereby requests that the franchise that was issued June 24,1997 be retroactively extended from June 24, 2004 until June 24 of 2012. In support of this request from Marco Island Cable, Inc. I, William Gaston, its president and owner, verifies that Marco Island Cable Inc. has complied fully with the terms conditions of the franchise, and in particular has exceeded the requirements of Section 11.3, to wit, Section 11.3.4(d) that allows for an extension where build out requirements are met, as exists here. In further, support of this request, I certify that: . a) Marco Island Cable, Inc. has substantially complied with the material terms ofthe existing franchise and applicable law; b) The level of cable services or other services provided over the system, has been, and is reasonable in light of community needs, c) These services now include high speed internet access, an extended tier of digital service and HD channels; . . Agenda Item No. 17D September 13, 2005 Page 6 of 47 Mr. Mudd Page 2 August 5, 2005 d) Marco Island Cable, Inc has the fInancial, legal and technical ability to continue to provide the services, facilities and possesses the equipment to do so, as set forth in the franchise and franchise ordinance; e) Marco Island Cable Inc. has the ability to meet the future cable-related needs and interests of the community and that this ability includes the fInancial ability to meet those needs. It is my understanding that this matter/request needs to be placed on the summary agenda. It is my further understanding that both your Legal and CDES departments have no factual information or reason to recommend anything other than approval. I appreciate your immediate attention to this administrative matter. Sincerely, d/d IJ ole William R. Gaston President cc: Mr. Thomas Palmer Mr. Bleu Wallace Corporate Office: 926 Windward Dr., Suite 104. Marco Island, Florida 34145 Mailing address: P.O. Box 368, Marco Island, FL 34146 .- Agenda Item No. 17D September 13. 2005 Voice: (2~~2..af:~5 Fax: (239) 394-4895 Website: www.marcocable.com E-mail: marcocable@marcocable.com August 15,2005 CDES Operations Support Department 2800 Horseshoe Drive Naples, Fl. 34104 Art: James C. French, M.B.A. Regulation/Operations Manager Re: Marco Island Cable Franchise Agreement _ Dear Mr. French, Enclosed are Communication Services Tax forms for January 2005 and July 2005. All of the information is entered on line. A copy of our on line transmittal is enclosed along with worksheets used to arrive at the information supplied to the Florida Department of Revenue. The Isle of Capri community, "La Peninsula" is noted as "unincorporated area" per the Florida Department of Revenue. Supplying this information in no way acknowledges that Marco Island Cable's Collier County Franchise was not extended as per the assignment agreement to the City of Marco Island. Please let me know if! can be of further service in this matter. Sincerely, ~~ Linda Blalock General Manager Corporate Office: 926 Windward Dr., Suite 104. Marco Island, Florida 34145 Mailing address: P.O. Box 368, Marco Island, FL 34146 I.~~o;~ ...... MARCO ISLAND CABLE INC . Md... POBOX" ., ". ., -!'!!!~~"~r--D --...-. -,,,!!,.,.....,.---,....,....,--, ~IItIIWZIPMAACOISLANOFl3414e00388, . . ~5~, ,: i', llt~"'..e.~93. :,: i ICllecl_,....'IlJ1.~,...... .,.;.,,':...)',j.... vvvv,~~. L..J ' ~";,, .......,..,..._.......1.. ~ :.;:". :~~-~c-~~~rnOD~~~J~JI~~~~~~1J~Q.~o)~1 _~_ iii 0 0 V V V V M M D 0 V V V Y J I US DoIIMa I I c.ne. I ..~;~'f., 1. Tax due on ~ ~ to the state portion cI the . D [)J j7l fOl f3l ~ r;;, ~ r;;] :',;:/;:' communicatiOns MMCU tax (from Summary of Sched. I, Col. F, Une 3) .... 1. L.J ~ L1:J LLJ . L1J QJ . 2. Tax due on sales subject 10 the grau rec:eipIa portion of the 0 n il-'I [J r?11il r:J r;t frlrll communications seMen tax (from SummaJy of Sched. I, Col. G, Une 6)...2. L1-J ~ L.Qj IJ:J . ~ ~ 3. Tax due on sales subject to the local portion of the communications f! ;---: ~ ~ 1'7' ;~ ~ i'"j ~ 01 services tax (from Summary of Sched. /, Col. H, Une 7) .............................. 3. ~ ~~ --1 ~ ~ l1.; . L2.i ~ . Dnn~~~~~ ~i 4. Tax due lor direc:t.to-home satellite services (from Schedule II. Column C) 4. . W-J ~ L!.J)1J llU ~ . l;d-ijJ S. Total communication. service. tax (add Unes 1 through 4) .........................5. 0 [)JO'[)J 0 0 . 0 D 6. Collection allowance. Rate: M7~ .........................................6. 0 [)J tJ rn EJ [] . [i] I1J (If rate above is blank, check one) 0 None applies a .0025 0 .0075 D DO n nn II nOD D 7. Net communications sllVices tax due (subtract Une 6 from Une 5) ............7. I L L...+-J t_ . e. Penalty .......:...;.;'........~-;~............:'Jt.t;.\.....~.............................,(......:t~C~.....8. 0 rn D wi 0 g . DO 9. Interest .................:....~...~.~...E::..../.....~:,..i:..:........................L...t.~....9. DIWi ill i: I U U . 0 [] . ~ . 41:\........ ."'f ~.. ...... oJ -.....J:. L-...Jf.-.J 10. ~=~ ~~m~~~~..I.'.':.~~~:~.~..~.~~~...................c:::.::[J 10. 0 [)J [] LJW 0 0 . DO 11. Multistate credita (from Schedule V) ...........................................................11. 0 [)J 0 [)J 0 0 . 0 D 12. Amount due with retum ...............................................................................12. 0 rn ~ liJ [f] . Ii]~. AU1HOHI7ATION T~.JIMI_ .... .". <*Um ".. _ ........., by .... II'ClIO ... lIMl my ~ II'ClIMllllf ~-..... ~ (In- orplinl ~ ,.,...,..1ipIIIn 0IIle ear.:r _ (~ or """' ......1 Cantacl~ _ ear- ....... .... Payment Coupon Business P.nn.r Number Reporting P....ocl MAR. 2004 DO NOT DETACH To ensure proper credit to your account. attach your check to this payment coupon, Mail with tax return and ilI1 schedules. DOR USE ONLY L DQL~~LQ(gO! n Check.... If your ....... or bwl....lnfarmdon L-...j cNftted 8Ild enw chane- below. New location address: DR-700016 A. 01/04 t- i ??oo706052 BuSiness Address Dr( 7'1', L J....- o! \,. . MARCO ISLAND CABLE INC PO BOX 368 MARCO ISLAND FL 34146-0368 Tejephone number. (_) New mailing address: D Check here jf paymenl was lransmltted electronically. P~....t is due on ltIe ,. and LATE it postm..-k<<l 0Ir Nind delhI..-.d .tt.. 0412012004 .., ~:~r~.d~~ 0 rn 0 [)J 0 0 . 0 [j 0000 1 20040331 0063004031 1 4000000103 99&9 9 .J IIIUII . ' '.... ',. oil r CLAY -Uni~"" Green cove 8pringa Keystone o;.ange Park Penney Farms CQUI . . Unincorporated' area . Evergtades Marco '-land Naples COLUM IA Unincorporated are. Fort White Lake City DESOTO Unincorporated area Arcadia DIXIE UnincOlpOrated area Cross City Horseshoe ach DUVAL Atlantic Beach Baldwin Jacksonville Beach Jax Duval ( Ity of Jacksonville) Neptune Beach ESCAMBIA Unincorporated area Century Pensacola FLAGLER Unincorporated area Beverly Beach Bunne" Flagler ach Marineland Palm Coast FRANKLIN Unincorporated area Apalachicola Carrabell. PA ". ;if' ',' . " ~~ ~.~..'~ ~~ j 0.0582 0.0682 0.0582 0.0582 0.0582 .~~ 0.0274 0.0300 0.0612 -..- ""~ ... ,.. ... ~ ~ ^ . _ '_ .ht:.::. :~~. .;,," ..;,f"". ~~.~'''.h.:r '~'=.Z:" ~ _ t~-.::*~g 0.0254 0.0580 0.0592 0.0580 0.0110 0.0592 ~,.,:,:,. ,J ~,~ Comple" this fonn. sJgn It, end mall it with your DA-70001 e If: The business name (legal entity) changed. The business was closed. The business was sold. To report an address change, submit the information on the payment coupon (Page 1 of the retum). Closing or Sale of Business or Change of Legal Entity The legal entity changed on _, _f _' If you c......ge yow ... entity and .. continuing to do bueineu in Florida end the corporation t. reglatered for communicatiOftll MrVlce8 tu, you must complete . new ~tiorr to CoI/8ct mellor Report Tax in Florida (Form DA.1). The businUll was closed permanenlly on _1_1_ . Are you a corporation/partnership required to file communicallons servic8a lax retums? _ Yes _ No FEIN m-cmJ 8U8ineM ..rtner number The buainUll was sold on _1_1_ . The new owner infonnalion is: Name of new owner: Mailing address of new owner. City: Telephone number of new owner: ( County: Slale: ZIP: ... Signa lure of officer (rwqulred) Oale Telephone number (_) "--, ,I State of Florida Depanment of Revenue DOR Hom. State of Florida Communication. S.rvlce.Tax Return Transmlnlon Confirmation #: 200502183948 CTOOOOT08052 113112005 1. TlIX due on ... eubject to the Ute poI1ion 0/ the convnunlca\lonl 1ltIVIoI. tu 2. TlIX due on "'lUbjecIto the gIOII rec:eiptI potIIon cf the communlcallonl Mrvicn tu 3. TlIX due an ...1ImjId to the Ioc:II portion of the communication. MrviclM tu 4. Tax due for dlrect-llO-home ....ulte Ml'VICle 5. TotIl CommunlClltionl 8ervICeI TIX 6, Collection AIIowanc::e. R8ta 0.75% 7. Net Communlcdona s.rvIcM Taxes due ( line 51811 Une 6) 8. Penalty 9. Intareat 10. AdjUltmentl from ScheduII 3 & 4 11. MuItlatate Cl'lICI", from Schedule IS 12. Amount due with return Page 1 of 1 Agenda Item No. 17D . September 13, 2005 Page 11 of 47 DR70001&oOllO Help 2/16/2005 12:55:25 PM E.S.T. InatructlQna for Payment $10.341.116 $3,806.66 $7,1101.18 $0.00 $21.862.29 $163.97 $21.ll98.32 $0.00 $0.00 $21.8118.32 RCO ISLAND CABLE INC ay to the order of FlorIda C.S.T. Fund NTY-oNE THOUSAND SIX HUNDRED NINTY-EIGHT ...................................... and 32/100 Dollars Signature: WilHam R. Gaston DATE 2/181200~ $21.6Sl8.3~ mo: Communications Services Tax Bank RouUng Number Acc:ounl Number 067013700 108384 First National Bank of Florida I hereby authorize the D.partment of Revenue to process this ACH trans.ctlon and to debit the checking account Idenlfl.d above. I understand there may be ..rvlce charge. a......d on any tranaactions not honored b m bank. IJ .' t.,,:>f\Y. '1 1 ;~~ ~'lr ~ -~".~ ,,_...... -,~.... S.ve Sellllion and Exit . Prinlthll p8g8 I file://C:\ WINDOWS\ TEMP\FUCQQEBA.htm 2/16/05 --- . ~. , IllIllIIll,..-J lGllllDOllOt. ", I"...' " '.._ I r:icMiM COIIIIJd"=~-;~i ., · '" IorA:...rl~ 1 ~fij? ,..,... MAACO ISLAND CA8LE INC AddIwII PO BOX 318 IJU"J_~" . ~MAACOISLANOFL3414f.0388 . -. .--. .. -----. ----. 00 ---.. - .-... -:::10':""'''''''-' --. - .--, -......-. ~ -........ . .......'......T", '.. ' " '__,....111_............. .. __ '0_ _:._.~~~I _._;:'_:.:~_._83~~_.. ~......,......_......'" ~: .~~: MOM: MPORnHG NRIOD Ttl' .......,.,. __ ", ;.i~~,s:. ! .~~ .'~'~~OD [jj.i~j~,-.J:J I \E3[!J~~~~~[!J.~~[gOIOm[]O ,~;~;, . M .. 0 0 v ., v., .. M !) 0 v ., v ".J I UI~ I I Cent. I 1. Tax due on .....1Ubject to Ihe ..... portion of the D DO 0 iql foHbl ~ R Lf1 communlcatlons I8I'Vicn tax (from Summary of Scheel. I, Col. F. Une 3) .... 1. C!.Jf.-LJ L!:J lZ..l . ~ 11.J 2. ~:,~':,=:=r:x~:m~re:::~~.:,~of.G.une6)...2. 0I1J:CJ~J41[Z]0 . ~[] 3. Tax due on sales subject to the local portion of the communications 10 :- :---: ---; I~ : b ' i(l fOi ' :tJl services tax (from Summary of Sched. I. Col. H. Une 7) .............................. 3., ~~ --.! ~ W L....,; . !81 iJ 4. Tax due for direct.to-home satellite services (from Schedule II, Column C) 4. 0 en J [lJl 0 0 . [J 0 5. Total communications services tax <add Unas 1 through 4) ......................... 5. 0 [J[J ~ rn [it~ . [] W 6. Collection allowance. Rat.: 007S ......................................... 6. D DOD 0lJ ~ !2j . [ill ~ (If rate above Is blank. check one) 0 Non. applies:l .0025 Q .0075 0 no n nn 1/ nOD 0 7. Net communications services tax due (subtract Line 6 from Une 5) ............ 7. _ 1_ ~ '--' . 8. Penalty ............:;:........~':::'l'i;...........:mI.;'.....-:-.:..............................r.......~...C.~.....8. 0 m 0 ClJ 0 D . DO . ;i-{ r'" : '. I. "')"~ DQJ" 110]' DU,........,. DO' 9. Interest .........;....~.......;.....1.:....:;:.....~;;............I.............................:............. :.... 9. ! . U ' ~... . '-t 1EW ~" ......_ .... 10. ~~= g::ns:~~~.!!.J:.~~~~~.~..~.~~.~...................~D 10. D []J 0 L fi 0 0 I D D 11. Multistat. credits (from Schedule V) ........................................................... 11. 0 DO 0 DO 0 0 . DO 12. Amount due with return ............................................................................... 12. 0 DO ~ rn [d EJ . Ii] (2] unoer........ III ...,ry. I heNlly ...... .illUm ". _ IllInIitWd by .... IIlClIO ... ~ my ~ 1IlCl..... . .1Iw IIlCl 00lIlIllMlt ....... [ .. ..525(2). AIIIHlJHllAllr)N r..- or...._ Autlloltzed ~ DMI ......., (l',1lI or DtrlI _I PTlIPINft tignIIurt c. CMea _ ~or jIfII'C.....1 ConJ.;t ~ ..,..,.., COtlllICI HIM ___ Payment Coupon I- DO NOT DETACH DR-700016 To ensure proper credit to your account. attach your check to R.01/04 1tlGi payment coupen. Mall with tax retum and II! schedules. DOR USE ONLY Reporting Period L 0 [~IL gJJ{ go i r-1 MAR 2004 lJl CMdl here If row ~ or """'- JnfoI'IMtiOn . I chanpd Il1d __ ~ bIIow. BuslMSI P8ttner Number ??oo706052 BUSiness Address 'r\ T-.. -:',,', .t . l..('... . \ . 1-....1. olII' New location address: MARCO ISLAND CABLE INe PO BOX 368 MARCO ISLAND FL 3414&-0368 Telephone number: (_J New mailing address: o Check h.... if payment wais transmitted electronically. PlY'T1ent ia due on the ,- ....d LATE if poatmarkeG 0I1UlrId deliveNd 1ft... 0020/2004 .., f=~~:~~ OOOO[J[JOU . DC 0000 1 200~0331 006300~031 1 4000000103 99&9 9 VAa:', Ii' ,._'.' . ..... " ,'" ." ,.": .~.,~. -1", ," : .,_... "f"II-'i"" :'.'_'~' '," , .,', , . " ,; 1':,_::,:,.~'~::~1...t.:::,,.:'..,::';..::.;~,.;~"t:t.<.';:':':'::.':~~~"~:"~.n r CLAY - Unincorporated ..... Green Keystone Heighte orii1ge Park Penney Farms COUI R . . UnincofJ)0i'8t area - Everglad.. City Marco Island Naples COLUMBIA Unincorporated ar.. Fort it. Lake City DESOTO Unincorporated area Arcadia DIXIE Unincorporated area Cross ity Horseshoe ach DUVAL Atlantic Beach Baldwin Jacksonville Beach Jax al (City of Jacksonville) Neptune ch ESCAMBIA Unincorporated area Century Pen$8cola FLAGLER Unincorporated area Beverly Beach Bunne" Flagler Beach Marineland Palm Coast FRANKUN Unincorporated area Apalachicola Carrabelle PAG TAL ~. . .t}~nda Item N.c.: . .' Complet. .CoIumns S, C. and e for d ;urildlctionlll"l wh~~ber 1 Y."Z provide or ... communlcalionl MfViceI. Attach SchIdult t Page 13 0., ~~:~..~...~tothetax return. . .. ": . f." ~,...:- . r \~~:. . ... ~'... I" .. ~.;:, , ~""~"'ff'~~I_ -, .' ,,"~"'~~~~ /~ .: ..' ...... .. ' "" . ~;':"~ : -, 'f? ~ ; "'" - - . " . j ~ ...... ,. . 0.0582 0.0682 0.0582 0.0582 0.0582 ~" . ~.~ .... ,;. .. ,'" .'). ... _ oi_ .~~ 1~ 0.0274 0.0300 0.0612 :l':"~ 0.0254 0.0580 0.0592 0.0580 0.0110 0.0592 --,.'"~ T. r..... ,..- ........ (~ .."<IIt"..~ .f'- ..~ ....~.;. ~ .~",-"..-", .&..._,"::'l~ d l1'~~~.."t1. .-'~"l'r'~~ l'jl~ ~~'.:'-~':':::-:__"~~ "t. :..~~>,.~..,...\:-.:_r ';;,i. . i:ijiII'.';',~..f" _r.. ~. IIlI . >j)~ Agenda Item If you compfete Schedule I. Ihen you mUlt also compfeteSeptember 1 I Summary of SchIdWII. Attach the 1CheduIe. aummIIY. Page 14 and d other IUPPOf'IIng IChec:IuMa to the tax return. .aea .0%J7 qq~3.Yl 5if 7J.. t.f 1 1 ( I Of ~y Complete this form, sign It, and mall it with your DR-700018 If: The business name (legal entity) changed. The business was closed. The business was sold. To report an address change, submit the information on the payment coupon (Page 1 of the return). Closing or Sale of Business or Change of Legal Entity The legal enlity changed on _'_1_. If you ch8nge your IepI entity III1d .. continuing to do bullineea In Florida and the corporation Is ~ for oomm.....lc8tiona servlces tu, you must complete . new ApplicstJon to COllect and/or Report Tax in Florida (Fonn 0"-1). The business was closed pennanen1lyon _' _1_ . Are you a corporation/partnership required to file communications services tax returns? _ Yes _ No FEI~ m-[[J]JJ]J BulIineN PlIrtner number The business was SOld on _1_1_. The new owner information Is: Name of new owner: Mailing address of new owner. City: Telephone numl:ler of new owner: ( County: State: ZIP: .. Signature of offleer (required) Date Telephone number (_) - ( l, ., J" Stale of Florida Depanment of Revenue DOR Home Stala of Florida Communications SeNlce. Tax Return TransmiSsion Confirmation It: 200508082892 CToo00701052 713112005 1. To: due on ..... IUbjecllD lhIlllI\e portian of !he convnunk:e1lonl ..rvk:u tax 2. Tu due on.....1UIljllct to lhIlJ~ ..c:eiptl portion of lI:w cammunlcdonl..rvIca.l8X 3. TIX due on .....lUbjecl to lI:w IcICII pcx1Ion of lI:w cornmunIcatlont I81'YIcn l8X ... To: clue for dlrwct-tl:l-hOme sateIIIW MMce 6. TolIII ComniunlcalloM 8ervlcaa To: 6. Collection Allowance. Rate 0.715% 7. Net Communlcallonl Services To:a. due (line 5 I... line 6) 8. Penalty 9. Interelll 10. AdJutlmenla from Sche<Iula 3 & .. 11. Mullislll" credits from Schedula 5 12. Amount due with I8lum Page 1 of 1 Agenda Item No. 17D September 13, 2005 Page 15 of 47 DR70001~ Help 8/8120053:33:07 PM E.S.T. lnatructions for Payment $$l,ll63.2V $3."72."9 $7,610.88 $0.00 $21.048.86 $167.85 $20.888.81 $0.00 $0.00 $20.888.81 co ISLAND CABl.E INC ay to the 0RIar of Florida C.S.T. Fund ENlY THOUSAND EIGHT HUNDRED EIGHlY-EIGHT ...................................... and 81/100 DolIart Signature: WIlliam R. Gaston DATE 811l1J2oosl 520.888.811 emo: COmmunications Sarvlatl To: Sank Routing Number Account Number 067091719 108384 Fifth Third Bank I hereby authorize the Department of Revenue to process this ACH transaction and to debit the "hecklng account ldenlfled above. I understand there may b. service charges assessed on any transactions not honored b m bank. .!J ~~I Save Session and Exit Print thla page I file://C:\ WINDOWS\TEMP\QJY7QEKD.htm 8/8/05 '!; Agenda Item No. 170 September 13, 2005 Page 16 of 47 . State of Florida CABLE TELEVISION FRANCmSE Collier County This Cable Television Franchise, issued by and between the Collier County. a Florida non-charter county and Marco Island Cable, Inc.. a Florida Corporation, hereinafter Grantee. WHEREAS, the County or Collier. ~ereinafter referred to as "County." or "Grantor", desires to assure the widespread availability of Cable Services within the County to promote commerce and otherwise further the public' interest; WHEREAS, the County is the owner of certain street rights-of-way; WHEREAS, the County has, following reasonable notice, and after consideration, analysis and deliberation conducted full public proceedings, during which proceedings the . technical ability, financial condition, legal qualification and general character of Grantee were determined acceptable to receive a renewal of its franchise; . WHEREAS, the County has also considered and analyzed the plans of Grantee for the construction and operation of its Ca~le System and found the same to be adequate and feasible in view of the needs and requirements of the area to be served by the respective Cable System; WHEREAS, the County has determined that it is in the best interest of and consistent with the public convenience and necessity of its residents to grant a franchise to Grantee to operate a Cable System within the specified franchise area within Collier County and on the tenns and conditions hereinafter set forth; and, WHEREAS; Grantee desires to construct and operate a Cable System consisting of fiber optic, coaxial and multi-pair cables along portions of the County's right-of-way. Section 1. Findings Pursuant to the procedures in the Cable Act, Section 166.046 FS, and Chapter 30 ~ 28(t)(1) of the Collier County Code, the Grantor has held a public hearing ~here the following issues related to granting a cable television franchise to Grantee were considered: (I) the economic impact upon private property within the County; (ii) the public need for such franchise; (Hi) the capacity of public rights-of-way to accommodate the cable system; (iv) the present and future use of the public rights-of- way to be used by the cable system; (v) the potential disruption to existing users of the public rights- of-way to be used by the cable system and the resultant inconvenience which may occur to the public; . (vi) the financial ability oflhe franchise applicant to perfonn; (viii) the experience of the June 23. 1997 Agenda Item No. 17D September 13. 2005 Page 17 of 47 ., applicant in the erection, operation and maintenance of a CATV system, (ix) the technical quality and completeness of the proposed plan for operation of the cable system, (x) the legal, character, financial, technical and other qualifications necessary to construct., own and operate a cable television system, and (xi) other societal interests as are generally considered in cable television franchising. The Grantor has determined to grant a cable television franchise to Marco Island Cable, Incorporated on the tenus and conditions set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: Section 1. Definitions For the purposes of this Franchise, the following terms, phrases, words, and abbreviations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in a particular gender shall include each of the other gender. The words "shall" and "must" are always mandatory and not merely directory . 2.1 .. Access" shall mean the availability of the cable system for use by various agencies,. institutions, organizations, groups and individuals in the community, including the County and its designees of the cable system to acquire, create and distribute programming not under the Grantee's editorial control, including: r-') 2.1.1 "Educational Access" shan mean access where schools are the primary or designated programmers or users having editorial control over their programming; 2.1.2 "Governmental Access" shall mean access where governmental institutions or their designees are the primary or designated programmers or users having editorial control over their programming; and . 2.1.3 "PEG Access" shall mean public access. educational access, and governmental access, collectively. 2.2 "Affiliate, It when used in relation to any person, shall mean another person who owns or controls, is owned or controlled by, or is under common ownership or control with. such person. 2.4 "Basic Cable Service It or "Basic Service" shall mean any service tier which includes the retransmission of local television broadcast signals and access channels. This definition shall be deemed to change consistent with any changes in the definition of this term by the Federal Communications Commission. ~ June 23. 1991 2 . . e Agenda Item No. 170 September 13, 2005 Page 18 of 47 2.5 "Cable Operator" shall mean any person or group of persons: a) who provides Cable Service over a Cable System and directly or through one or more . affiliates owns a significant interest in such Cable System, or b) who otherwise controls or is responsible for, through any arrangement. the management and operation of such a Cable System under a Franchise with Collier County. 2.6 "Cable Service" shall mean: a) the one-way transmission to Subscribers of (a) video programming; or (b) other programming services, and, b) subscriberinteractio~ if any, which is required for the selection or use of such video programming or other programming services. 2.7 "Cable System" shall mean a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service and which includes video progmmming and other lawful communications services and which is provided to multiple subscribers within a community, but such term does not include: a) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; b) a facility that serves subscribers without using any public right--of-way; c) a facility of common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. 9201-226, except that such facility shall be considered a cable system (other than for purposes of 47 U.S.C. ~541(c)] to the extent such facility is used in the transmission of video programming directly to Subscribers; and d) any facilities of an electric utility used solely for operating its electric utility system. 2.8 "Channel" shall mean a 6 MHZ band of analog frequencies, or future encoding standard, in the electromagnetic spectrum (or any other means of transmission, including but not limited to optical fibers, which is capable of carrying the equivalent signal or signals), and includes uses of aU or any portion of such band of frequencies for digital video/television signals. 2.9 "County" shall mean the Collier County, Florida or the area within the present county limits and such territory outside of the County over which the County has jurisdiction or control by virtue of any law. June 23. 1997 3 ~ ("~ ~ Agenda'ltem No. 17D September 13, 2005 Page 19 of 47 2.10 "County Commission" shall mean the Board of County Commissioners of Collier County, Florida. 2.11 "Customer Service Standards" shall mean those standards adopted by the FCC and the County (to the extent not inconsistent with those ofthe FCC), which govern the manner in which Grantee interacts with the public and its customers. 2.12 "FCC" shall mean the Federal Communications Commission or any successor agency. 2.13 "Franchise" shall mean an initial authorization, or renewal thereo~(including a renewal ofan authorization which has been granted subject to 47 U.S.C.fi S46), issued by the County, whether such authorization is designated as a Franchise, pennit, license, resoliltion, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a Cable System but neither supersedes nor takes the place of any license, license fee or pennit authorization which might otherwise be required for the privilege of transacting business within the County. 2.14 "Franchise Fee" shall mean an annual fee of five percent (5%) of Grantee's Gross Revenues paid for the use and occupation of the County's rights-of-way. 2.15 "Grantee" or "Franchisee" or "Company" shall mean the person, firm, or corporation to whom a Franchise, as hereinabove defined, is granted by the County and any lawful successor, transferee or assignee of said person, rum, or corporation. 2.16 "Gross Revenues.. shall mean all revenue encumbered at the time oCsale [billing] by the Grantee, arising from or attributable to the sale of cable television video or audio program services, videotext services and video games provided by Grantee within the County or derived from its operation within the County. Such revenue includes, but is not limited to fees charged to subscribers for any video and/or audio program sezvice; installation, discoMectiOn, reconnection or service maintenance agreements; equipment rental; leased spectrum; advertising sold by either the Grantee or its agent; and signal carriage [e.g. home shopping services; mlUketing, launch and retranSmission] agreements. The swn of the aforementioned shall be the basis for calculating the Franchise Fee imposed pursuant to Section 6 herein. Excluded are revenues related to: refunds; bad debt; equipment deposits [e.g. customer tenninal devices]; any sales, excise or other tax collected by Grantee on behalf of any governmental uni~ reimbursements for expenses (e.g., returned check fees, and copy expenses); or items excluded by local, state or federal law . With regard to non-video telecommunication services to subscribers that the Grantee may provide through the cable system, the Grantor reserves all rights it has now or subsequently acquires with respect to the regulation oCnon-video telecommunication services, including, but not limited to, the right to charge a franchise fee or other fonn of consideration or compensation, June 23. 1997 4 Agenda Item No. 170 September 13, 2005 Page 20 of 47 . provided that such terms and conditions and such franchise fee or other form of consideration or compensation are consistent with Federal and State law, if applicable to these non-cable services. 2.17 "Initial Service Area" shall mean that geographical area bounded by Marco Island within the unincorporated limits of the County as of the date of acceptance of this Franchise. 2.18 "Iilteractive on-Demand Servicesll shall mean a service providing video programming to subscribers on an on-demand basis, but does not include services providing video programming pre-scheduled by the programming provider; 2.19 "Institutional Network or I-Net"shall mean a communication network for the provision of video services, voice transmissions and data transmissions which is generally available only to subscribers who are not residential subscribers; 2.20 "Other Communications Service" shall mean information audio, video, data., telephony, Internet access, text service, electronic corrununication [e-maiI1 or any other lawful service that Cable Operator makes available for purchase by Subscribers; 2.21 "Penon" shall mean an individual. partnership, association, limited liability company, joint stock company, trust, corporation, or governmental entity; . 2.22 "Public, Educational or Governmental Access [PEG) Use or Programming" and other similar formulations of these terms shall mean non-commercial and/or not-for-profit use by education, government and public [community] television providers of channels on the cable system to convey jnfonnation to the public. 2.23 "Public Buildings" shall mean public supported K-l2 schools, Federal State, County, County and Town government owned or leased buildings. 2.24 "Educational or Governmental Access Facilities" shall mean: a) channel capacity designated for educational and governmental use; and, b) facilities and equipment for the use ofsuch channel capacity. 2.25 "Public Way and Rigbt-Or-Way" shall include the surface, the air space above the surface, and the area below the surface of any public street, avenues, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, parle, parkways, squares, viaducts, waterways, greenways, utility easements, and other public property now or hereafter held by the County or the State which shall entitle the County and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee's Cable System. No reference herein, or in any franchise, to the "public way" shall be deemed to be a representation or guarantee by the County that its II title to any property is sufficient to permit its use for such. purpose, and the Grantee shall, by its June: 23. 1997 s ., !J ~ Agenda Item No. 17D September 13, 2005 Page 21 of 47 use of such tenns, be deemed to gain only such rights to use property in the County as the County may have the undisputed right and power to give or as granted by Federal or State law. 2.26 "Reasonable Notification'. shall mean 14 business days for all non financial related matters and thirty (30) business days for financiaJ matters. 2.27 "Residential Subscriber" shall mean a subscriber who receives service in an individual dwelling unit or multiple unit dwelling, where the service is not to be used in connection with a business. trade or profession. 2.28 "Subscriber" shall mean any person or entity lawfully receiving any portion of the Cable Service ofa Grantee pursuant to this Franchise. 2.29 "Service Tier" shall mean a category of Cable Service or Other Communications Services provided by a Cable Operator and for which a separate r:ate is charged by the Cable Operator; Section 3. ~raacbJse Tenitory and Inidal Se~~ ~ 3.1 The cable television franchise granted pursuant to this Agreement shall be limited to the geographic area of the Marco Island Florida to be served by the franchise Grantee, and the specific public ways necessary to serve such areas. The cable television Grantee shall not exclude from its services any high-cost (per customer) area" any rural location, or any person based on that person's income 3.2 The Grantee's Initial Service Area is further defined in Section II. . . 3.3 Attached as Exhibit A and incorporated by reference as if fully set forth herein, is the Grantee's application to serve Marco Island's government, commercial, business and residential properties. Section 4. Nature and Terms of Grant 4.1 County does hereby convey to the Grantee a site specific franchise to construct and operate a Cable System, using owned and/or leased facilities. which may be located in the County rights-of-way. 4.2 Notwithstanding, Grantee may. in its sole discretion, elect to lease fiber optic, coaxial and multi-pair cable and other cable communication facilities or program services from other County franchised providers ofeable Service to support the operation orits Cable System. June 23.1997 6 Agenda Item No. 170 September 13, 2005 Page 22 of 47 . 4.3 The franchise granted herein shall run for a term of seven (7) years commencing upon acceptance by grantee. 4.4 Whenever any existing electric utility. cable facility or telecommunications facility is located underground within a public way of the County, a franchiscc with permission to occupy the same public way must locate its cable television facilities underground at no cost to the County. 4.5 Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public way of the County, each Grantee that currently occupies the same public way shall relocate its facilities underground at no cost to the State or County. Absent extraordinary circumstances or undue hardship as determined by the County Franchise Administrator and the County's Public Works Administrator or hislher designee, each such relocation underground must be made concurrently to minimize disruption of the public ways. If the existing Grantee does not relocate concurrently, then it must relocate underground within a reasonable period of time, which shall not be later than the end of the grant tenn unless an extension of time is granted by the County's Franchise Administrator with concurrence by the . County's Public Works Director. 4.6 All franchisees are required to obtain construction permits for cable system facilities. provided however. that nothing in this Ordinance shall prolu'bit the County and a franchisee from agreeing to an alternative plan review. permit and construction procedures, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. - 4.7 The Grantee shall make its cable television services available to any customer within its service area who shall request such service, without discrimination as to the terins, conditions, rates or charges for grantee's services; provided, however, that nothing in this Section shall prohibit a franchisee from making reasonable classifications among differently situated customer groups. 4.8 Each franchisee shall make its cable television services available to the County at its most favorable rate for similarly situated users, unless othelWise expressly provided otherwise in the agreement 4.9 For the purpose of and to the extent required to accomplish transporting I-Net and PEG access channels, the Grantcc shall interconnect its cable system with other systems in nearby areas, upon the directive of the County's Franchise Administrator. To fulfill this obligation, the Grantee shall familiarize itself with all technical requirements needed to cause such interconnection. - June 23. 1997 7 ~ ~ ~ ~. Agenda Item No. 17D September 13, 2005 Page 23 of 47 4.9.1 Interconnection of the systems may be accomplished by direct hard cable connection, microwave link, satellite, or other appropriate means. . 4.9.2 Upon receiving a directive from the County's Franchise Administrator to interconnect, the Grantee shall immediately initiate negotiations with the other affected system(s) in order that aU costs may be shared equitably among the Grantees for both construction and operation of the interconnection link. Such interconnection shall be made within the time limits as established by the CountYs Franchise Administrator 4.9.3 The Grantee may be accorded reasonable extensions of the time to interconnect, or the County may rescind its order to interconnect upon petition by one or more franchised cable operators to the County. The County shall grant the request if it finds that the Grantees had negotiated in good faith and had failed to obtain approval from the other affected Grantees, or the cost of interconnection would necessarily cause an unreasonable or unacceptable increase in subscriber rates. 4.9.4 The Grantee shall cooperate with any interconnection corporation, regional . interconnection authority or local. State and/or Federal regulatory agency established for the purpose of regulating, fmancing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the County. 4.10 A new franchise application shall be required by the Grantee to amend this Gtant should the Grantee desire to extend its service area or to locate its cable television facilities in public ways of the County which are not expressly included in this Grant 4.11 If ordered by the County to locate or relocate its cable system facilities in public ways not included in a previously granted franchise, the County shall grant a franchise amendment without further application to facilitate such ordered changes. 4.12. No franchise shall be renewed until all ongoing violations or defaults in the grantee's perfonnance of the franchise agreement, or of the requirements in this Ordinance, have been cured, or a plan detailing the corrective action that will be taken by the Grantee has been approved in writing by the County's Franchise Administrator. Section 5. Customer Service Standards County has determined that it is in the best interest orits residents and consistent with the public convenience and necessity to adopt Customer Service Standards for the provision of cable services by the Grantee. The Grantee shall operate its Cable System in a manner consistent with the County's Consumer Protection Provisions, Collier County Code, Chapter 30 ~ 55, to the extent that such provisions are not inconsistent with those of the FCC. June 23. 1997 8 Agenda Item No. 170 September 13, 2005 Page 24 of 47 e Section 6. Compensation, Auditing and OtberPaymenu 6.1 Grantee shall pay the County throughout the tenn of this Franchise. as compensation, an annual Franchise Fee of five.percent (5%) of the Grantee's Gross Revenues. 6.2 All such payments of Franchise Fees shall be payable monthly in accordance with Chapter 30-28(k)(2) for the preceding month. Franchise Fee payments shatt be accompanied by a report itemizing and setting forth the revenues/receipts and showing the calculation of the payment due for the preceding period as set forth in Exhibit C. 6.3 The payment of the Franchise Fee by the Grantee is for the right to construct and operate its Cable System, as defined herein, within the County' public right-of-way and is in lieu of a right of way use or encroachment fee. . 6.4 The County, on an annual basis, shall be furnished a statement within ninety (90) days of the close of the calendar year, certified by an official of the franchisee responsible for the Cable System's financial statements, reflecting the total amounts of Gross Revenues as defined herein, and all payments, and computations for the previous calendar year. Upon ten (10) days prior written notice, the County shall bave the right to conduct an independent audit of Grantee's records. u; after resolving any dispute arising from such audit, Grantee has made a Franchise Fee underpayment oftbree percent (3%) or more, the Grantee shall assume all reasonable costs of such audit. In other events, the County shall bear all costs and fees, associated with any such audit 6.5 All Grantee's books and records concerning its Gross Revenues and its calculation of payments to the County, shalt be available for inspection by an appropriate officer of the County, or its designee, at reasonable times to determine the amount of compensation due to the County from Grantee under this Franchise. Such records shall be kept so as to accurately show the same. Grantee shall prepare and make available to the County at times reasonably requested by the County and in the fonn prescribed by the County after consultation with the Grantee, such reports with respect.to its Cable System and the Gross Revenues derived therefrom, as the County may deem reasonably necessary or appropriate. 6.6 In the event Grantee makes an under payment or in the event Grantee fails to make any payment on or before the date it is due, Grantee shall pay interest at a rate of one percent (1 %) per month on any such under payment andlor late payment Interest shall not accrue, with respect to under payments, until such time that the Grantee is notified about any alleged underpayment by the County. 6.7 Consistent with federal requirements, the Grantee shaH file no less frequently than annually any tariffs, amendments, or modifications affecting the sale of its services and _ subscriber terminal equipment and shall provide written notification to the County within June 23,1991 9 ., 6.8 iJ ~ Agenda Item No, 17D September 13, 2005 Page 25 of 47 thirty (30) days of any proposed changes. The Grantee shall also provide to the County copies ofall filings, reports and petitions to local, state, or federal regulatory agencies. The Grantee, at its option, may discharge its obligation to provide an Institutional Network and/or related services for the County by providing an annual gran~ to be paid upon Acceptance of Franchise (Section 39 herein) and each anniversary of the franchise grant, in the amount of $3600 per location., identified in Exhibit B [as amended from time to time), passed by the Grantee's cable system. This fee is to reimburse the reasonable costs incurred by the Grantor for the services and expenses associated with the provision of voice, video and data services by third parties (including, but not limit to, telecommunication equipment, recurring line charges and independent consultants) by Grantor or for any other lawful purpose to public buildings within the'Grantee's initial service area. Furthennore, the parties agree that any cost to the Grantee associated with providing these funds under this Franchise, including without limitation, the amounts set forth herein are not part of the Franchise f~ and fall within one or more of the exceptions to 47 U.S.C. 542. Section 7. Public Right-of.Way Use Conditions 7.1 Unless otherwise specified in a franchise agreement, all facilities shall be constructed, installed and located in accordance with the following terms and conditions: 7.1.2 The County, at its sole discretion, may require at not cost to the County the Grantee to locate and identify its cable television facilities within the public rights-of-way. 7.1.3 The County reserves the right, upon reasonable notice, to require the Grantee at its expense to protect, support, temporarily disconnect, relocate or remove from the County's street any property of the Grantee by reason of traffic conditions, public safety, street constroction, real or planned excavation, change or establishment of street grade, installation or planned. installation of sewers, drains, water pipes, power and/or communication lines, tracts, or other types of structure or improvements by governmental agencies or any other structures proposed for public improvement. Reasonable notice for this provision means at least ninety (90) days, except in the case of emergencies where no specific notice period shall be required. The County shall endeavor to notify and seek comment from the Grantee with respect to minimizing disruption to the Cable System, where public works projects may affect the Grantee's cable system. 7.1.4 Cable Television facilities shall be installed within an existing underground duct or conduit whenever available excess capacity then exists within such utility facility. June 23. 1997 10 Agenda Item No. 170 September 13, 2005 Page 26 of 47 . 7.1.5 A franchisee with pennission to install overhead facilities shall install its cable system facilities on pole attaclunents to existing utility poles only, and then only if surplus pole space is then available to that franchisee. 7.1.6 Whenever a public way exists to accommodate the Grantee's system, the Grantee shall not locate its facilities off the public right of way and shall make evezy effort to locate its telecommunications facilities within the public way before seeking private easements within the County. The Grantee, at no cost to the County oCthe State, shaU'relocate its facilities and appliances which are in conflict with County projects to upgrade or construct roadways. 7.1.7 The Grantee sballlocate, place and constn1ct its cable system facilities so as not to interfere with the construction, location and maintenance of sewer and/or water . mains, lines or connections. The Grantee shall take appropriate preventative measures to protect existing facilities within the public rights-of-way. e 7.1.8 Grantee shall restore and replace landscaped areas, pavement, pedestrian lighting, sidewalks, curbs, gutters or other facilities damaged by the Grantee and. or its . contractors with like material to their fonner condition at the Grantee's expense, and shall thereafter, from time to time, but no longer than one (1) year from the completion of the job, readjust, fill and finish the same as may be necessary due to settling of the earth associated with the Grantee's disruption of the public way. 7.1.9 Should the installation of new cable system facilities exhaust the capacity of existing ducts, conduits, manholes and other facilities within a public street or utility easement to reasonably accommodate future facilities, the Grantee shall at that time provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future users of the public way. 7.1.10 The Grantee shall adhere to all Federal, State and local laws, rules and regulations regarding the location, construction, and maintenance afits cable system facilities within the public right-of-way. Section 8. Franchise - Not Exclusive This Franchise shall be non exclusive. The County reserves the right to grant franchises to other persons at any time or construct, operate and repair a cable system itself or to contract with any other person for the use of the County streets or property for the operation of other cable systems. Section 9. No-Waiver 9.1 The failure of the County, upon one or more occasions. to exercise a right or to require compliance or perfonnance under this Franchise or any other applicable. law shall not be It June 23, 1997 11 Agenda Item No, 170 September 13. 2005 Page 27 of 47 .t deemed to constitute a waiver of such right or a waiver of compliance or perfonnance~ unless such right has been specifically waived in writing. . 9.2 Waiver of a breach of this Franchise or any section of Chapter 30 of the Collier County Code shall not be a waiver of any other breach. Neither the grant of this Franchise nor any provision herein shall constitute a waiver or bar to the exercise of any governmental right or power of the County. Section 10. Regulation 10.1 The County Commission shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this Franchise in tile public interest. Any failure by the County to promptly enforce compliance with this Franchise in accordance with federal, state and loealtaws and ordinances shall not relieve Grantee of its obligation to comply with any provision of this Franchise. 10.2 The Grantee's rights, without limitation upon the County's regulatory authority, pursuant to the Communications Act of 1934, as amended or any other subsequent federal or state law, shall not be abrogated or otherwise limited. 10.3 Following reasonable notice, the County reserves the right to inspect the installation and I~ maintenance of the Cable System. 10.4 The Grantee shall comply with all federal, state and local regulations, applicable. to its Cable System, such as the National EJectrical Code, National Electrical Safety Code, Fiber Optic Cable Installation Specifications, 1987 [Telecommunication Industry Committee], traffic safety/lane closure rules and construction requirements promulgated by the County. Section 11. Cable System Desi&D and Construction 11.1 The Cable System shall generally confonn to the system design and channel capacity specifications set forth on Exhibit A hereto. At a minimum, the Grantee shall construct a 550 MHz cable television signal transportation system. The Grantee is pennitted to modify its design and implementation plan, pursuant to the conditions provided herein., to accommodate technological irmovations and refinements which enhance system reliability and capacity. 11.2 The cable television network shall satisfy aU FCC standards for Cable Systems. . /- June 23. 1997 12 Agenda Item No. 170 September 13, 2005 Page 28 of 47 . 11.3 Construction Schedule 11.3.1 The initial service area includes a portion of North Collier Boulevard. Construction and the provision of cable service in this area shall be completed and be fully operational no later than January 1. 1998. 11.3.2 A secondary service area includes the following streets: Saturn Court, Greenbrier Street, Dandelion Court. W'mtergreen Court, and Manor Terrace. Construction and the provision of cable service in this area shall be completed and be fully operational no later than January 1. 1999. 11'.3.3 In addition to Section 11.3.2. the Grantee shall extend its cable system annually to pass, no fewer than 100 single family home sites annually for each of the second (2nd) through sixth (6th) years of the franchise teon. To qualify. this extension shall take the form of trunk and feeder cable, complete with all active and passive devices. including pedestals and service taps. 11.3.4 The definition of subsequci:nt serviccareas beyond thOse provid&l (or in Sectigns 1.1.3.1..3, wbich shall resulting in a fidl build out of MarcO Island, where.the . . I . . .._" . ...._. ~ .. f" m"'."., dwelling density is greater than- 20 homes per mile, shall be negotiated oii'each anniversary of the ftaDchise grant inti shall be subject to: e a) the franchise modification provisions of Section 33.4 herein; b) Chapter 30 i 42(a)(2) and f 42(e) of the Collier County Code; c) the ability of the Grantee to demonstrate the financial capacity to undertake and successfully complete each successive phase; and d) a commensurate extension of the franchise term to complete each partial build out until such time that the Grantee fully builds out Marco Island, but at no time shall the franchise term, including extensions, exceed fifteen (is) years. 11.3.5 The County, may at its discretion, grant reasonable extensions of time to complete the construction projects. Section 12. Initial and Continuing Tests 12.1 The Grantee shall perform all tests necessary to demonstrate compliance with the requirements 47 C.F.R 76 subpart K. All tests shall be conducted in accordance with the FCC's rules. . June 23, 1997 13 -e .At i I e ( Agenda Item No, 170 September 13, 2005 Page 29 of 47 12.2 All construction maps, shall be provided to the County no less th,anten {to} days prior to the commencement date of the upgrade. "AB built~~ maps shall be provided no more than thirty (30) days following the conclusion of constnlcnon for each grid. Such maps should designate the location of Grantee's facilities in a mutually acceptable form. Section 13. PubUc Education and Government Access Provisions 13.1 The Grantee shall set aside two (2) channels of its transroission capacity for public interest PEG access channels on the residential distribution system. 13.1.1 The franchisee agrees to provide the County with PEG access equipment grant, calculated at five dollazs ($5.00) per subscriber for the purchase of television production equipment to be used at the sole discretion of the County. The subscriber count shall be set on the third (3rd) anniversary oftbis Agreement. The County agrees to provide necessary personnel at its expense to operate the PEG access channels and provide for the use of such facilities. 13.1.2 The Grantor, at its option 1 and consistent with public need, has determined that the existing PEG channel shall be carried by the Grantee on its cable system. 13.1.3 The Grantor, or its designated access management entity shall provide the Grantee at least ninety (90) days prior notice of the required activation of new PEG access channels. 13.1.4 PEG access signal transportation on the Grantee's cable system or interconnection facilities shall be provided without charge to the Grantor or the A~ Center from the point of origination, upstream to the Grantee's interconnecting hub site for downstream distn'bution on the cable system to subscribers. 13.1.5 One (l) upstream channel shall be designated, exclusive of Section 13.1 and 13.3 herein, for PEG access remote location return feeds to the Access Center; the PEG access provider shall furnish a RF m~ulator for the return signal feed. Such remote location return feeds shall be activated upon reasonable notice to the Grantee by the PEG access provider. 13.1.6 In the event an activated PEG access channel becomes dark and is not utilized for . more than twelve (12) continuing months, the Grantee, upon one-hundred eighty (180) days written notice to the Grantor, shall have the right to reclaim the channel. The Grantor or its access provider, shall have the right to acquire the channel in accordance with the provisions of the Four Year Review. I Collier County Code, Chapter 30 ~ 54(b) June 23, 1997 . 14 . . . Agenda Item No. 17D September 13, 2005 Page 30 of 47 13.1.7 The government access channel, or another channel made available by the Grantee to the Grantor for this purpose, may be used to provide "in-service" or staff development tra!ning by either the County, County or the public schools. The Grantor may direct the Grantee to encode this ch8lU1el so that it is only available to facilities or individuals authorized by the Grantor. 13.2 Requirements Regarding Rules and Procedures for Use of PEG Access Channels. 13.2.1 The Grantor shall be responsible for establishing and enforcing rules for use of the PEG access channels. 13.2.2 The Grantee may not exercise any editorial control over the content of programming on the designated PEG access channels. 13.3 The parties agree that any cost to the Grantee associated with providing access services, facilities, and equipment under this Franchise, including without limitation, the amounts set forth herein are not part of the Franchise fee, and fall within one or more of the exceptions to 47 U.S.C. fi 542. Section 14. Institutional Network Provisions 14.1 At the request of the Grantor, the Grantee shall designate, no less than three months prior to the commencement of upgrade construction, two fibers of the installed capacity on its cable system within the County, exclusive of PEG channels, as an Institutional Network (I-Net]. In the absence of fiber, the Grantee shall designate twelve (12) MHZ of the capacity on its cable system as an institutional network. The dark fibers and the twelve (12) MHZ capacity on the coaxial cable portion of its cable system shall be available to the Grantor and designated public agencies for voice, video and data transmission purposes pursuant to tenns and conditions described herein. The Grantor shall designate the locations, attached as Exhibit B and incorporated by reference as if fully set forth herein, to be served by the Institutional Network. The Institutional Network shall be reserved for exclusive use by the Grantor and designated public agencies. 14.2 The Grantor may, at its sole discretion, either: a). purchase or b) lease at the marginal cost any portion of such designated I-Net capacity, excluding PEG channel signal carriage. 14.2.1 Upon reasonable notice, the Grantee shall extend, without cost to the County, the I-Net to any public building located within Grantee's cable system service area and located two hundred feet (200 ') or less from the Cable System. 14.2.2 Grantee shall cooperate with the Grantor and its agents in designing and selecting components necessary to implement its applications an~ if requested, shall June 23. 1997 l5 ~ (~ tit ,-.. ~genda I~em No. 17D September 13, 2005 Page 31 of 47 furnish terminal equipment at Grantee's cost, provided that the Grantee is reimbursed for this expense by the Grantor. 14.2.3 If in the future the Grantor desires to have the I-Net extended beyond that which is anticipated herein, Grantee agrees to charge the Grantor on a time and materials basis (including overhead costs) for the construction of such additional I-Net facilities. 14.2.4 If such I-Net designated capacity remains unused, the Grantee may use such capacity by presenting the Grantor a right of first refusal. The Grantee shall give the Grantor ninety (90) days written notice of its intent to exercise any right of first refusal that the Grantee may present to the Grantor under this Section. 14.2.5 The parties acknowledge that the agreement regarding usage of the I-Net is subject to aUlacal, state, and federal law. The Grantor or public agency agrees to indemnify and hold harmless the Grantee from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorney's fees and costs directly related to the material under the Grantor's or public agency user-IS exclusive control carried on the I-Net, including but not limited to, copyright infringement, libel, slander, defamation, patent, trademark, or invasion of privacy claims. 14.2.6 The parties agree that the I-Net contributions of the Grantee to the County do not represent an in-kind payment by Grantee. or a Franchise Fee of any kind.' Section 15. Assignment This franchise may be assigned or a transfer of control effectuated only with the prior consent of the County, subject to the provisions of the Collier County Code Chapter 30 ~ 42(m), the rules of the FCC and the Communications Act of 1934, as amended. Section 16. Remedies 16.1 In addition to any other rights set out elsewhere in this Franchise, and subject herein, the County reserves the right to declare a forfeiture of this Franchise, and all of Grantee's rights arising hereunder, in the event that: 16.1.1 The Grantee is found to have violated any material provision of this Franchise; or 16.1.2 The Grantee is found by a court of competent jurisdiction to have practiced any fraud or deceit upon the County. June 23. 1997 ]6 . . e Agenda Item No. 17D September 13, 2005 Page 32 of 47 16.2 The County shall give Grantee thirty (30) days written notice of its intent to exercise its rights under this Section, stating the reasons for such action. If Grantee cures the problem within the thirty (30) days notice period, or if the Grantee initiates substantial effort, to remedy the slated problem. and the efforts continue in good faith, then County shall not have the right to declare a forfeiture of the Franchise. If Grantee fails to cure the stated violation within the thirty (30) days notice period. or if the Grantee does not undertake efforts satisfactory to the County. to remedy the stated violation, then the County, upon reasonable notice, may impose any or all of the remedies available herein. Section 17. Expiration and Renewal Renewal of this Franchise shall be governed by Federal law. Section 18. Confidential InformatioD Grantee may identify infonnation, such as trade secrets, submitted to the County as confidential. Grantee shall prominently mark any infonnation for which it claims confidentiality with the word "Confidential" in letters at least one-half (Yz) inch in height, prior to submitting such infonnation to the County. The County shall make a good faith effort to protect such confidential information, subject to the County's obligations under local, state and federal disclosure laws. Section 19. Forum for Litigation Any litigation between the County and Grantee arising under or regarding this Franchise shall occur, if in the state courts, in the Collier County Superior or District Court having jurisdiction thereof: or if in the federal courts, in the United States District Court for the Southern District of Florida. Section 20. Notice Any notice provided for under this Franchise shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such other address as the receiving party hereafter shall specify in writing: [f to the County: County Manager Collier County 3301 Tamiami Trail East Naples, Fl34112 June 23. 1997 17 . (~ , Agenda Item No. 170 September 13, 2005 Page 33 of 47 With a copy to: Franchise Administrator Collier County 3301 Tamiami Trail East Naples, Fl34112 If to the Grantee: President Marco Island Cable, Inc. PO Box 344 Marco Island, FL 34145 Section 21. Non-Discrimination The Grantee shall not discriminate in any manner on the basis of age, race, sex, handicap, color, creed, national origin, or religion. Section 22. NOD-Divestiture This Franchise shall not divest the County of any right or interest in the public rights-of-way.. Section 23. Letter of Credit 23.1 Within sixty (60) days following the award of the Franchise or thirty (30) days prior to construction, the Grantee shall deposit with the County a letter of credit from a financial institution, approved by the County's Finance Director, in the amount often-thousand dollars ($10,000). The fonn and content of the letter shall be approved by the County Attorney. The letter of credit shall be used to insure the faithful perfonnance of the Grantee of all provisions of~e Franchise, and compliance with all orders, permits and directions of any agency, commission, board, department, division or office of the County exercising jurisdiction over the Grantee's acts or defaults, and payment by the Grantee ofany penalties, claims, liens, liquidated damages, fees due the County. , , 23.2 If the Grantee fails to pay to the County any compensation, not in dispute, due the County within the time fixed herein; or fails, after ten (10) days notice to pay to the County any penalties, claims, liens, liquidated damages, fees due the County, such failure by the Grantee can be remedied by demand on the letter of credit. The County may immediately request payment of the amount due from the letter of credit. Upon such request for payment, the County shall notify the Grantee of the amount and date thereot: 23.3 The letter of credit shall be maintained at ten.thousand dollars ($10,000) during the entire tenn of the Franchise unless modified in accordance with the procedures provided for in Section 33.4 (Franchise Modification) of this Agreement. In the event that amounts are withdrawn pursuant to this Section., the Grantee, shall take any required action to restore lune 23.1997 18 Agenda Item No. 17D September 13, 2005 Page 34 of 47 . the letter of credit said total amount often-thousand dollm ($10,000) within ten (10) business days of notification by the County of its withdrawal against the lettcr of credit. 23.4 The rights reserved to the County with respect to thc letter of credit are in addition to all other rights of the County, whether reserved by the Franchise, or authorized by law, and no action, proceeding or exercise of a right with respect to such a letter shall affect any other right the County may have. 23.S The letter of credit shall contain the following endorsement: HIt is hereby understood and agreed that IIris letter of credit shall not be canceled by the surety nor the intention not to renew be stated by the surety until thirty (30) dtzys after receipt by the County, by registered mail. of a written notice of such an intention to cancel or not to renew. " 23.6 The Grantee shall renew .the letter of credit not less than thirty (30) days prior to its expiration and provide a copy of the renewal to the County. Failure to comply with this provision shall entitle the County to draw down the letter of credit in its entirety. . Section 24. Remedies - Liquidated Damages 24.1 Because the Grantee's failure to comply with provisions of this Franchise will result in injury to the County, and because it will be difficult to estimate the extent of such injury, the County and the Grantee hereby agree to the following liquidated'damages, which represent both parties' best estimate of the damages resulting from the specified injury. Damages shall be subject to the amounts prescribed by the Collier County Code, Chapter 30 ~ 51. 24.2 The County shall stay or waive the imposition of any penalties set forth herein upon a finding that any failure or delay is the result of an act of God or due to circumstances beyond the reasonable control of the Grantee. . Section 25. Remedies - Cumulative All remedies provided under this franchise agreement or Chapter 30 of the Collier County Code shaH be cumulative, unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall it relieve the Grantee of its obligations to comply wi~h the Franchise. Remedies may be used singly or in combination; in addition, the County may exercise any rights it has under applicable law. -- June 23. 1997 19 -. -- . (- Agenda Item No. 170 September 13, 2005 Page 35 of 47 Section 26. Books and Records -Inspection The County may inspect the books, records, maps, plans, and other documents. including financial documents. in the control or possession of the Grantee, affiliates, or any person that constitutes an operator of the Grantee's Cable System: (1) to enforce the County's rights or assess compliance with the Franchise and applicable law; (2) in the exercise of any lawful regulatory power; or (3) as may be convenient in connection with any proceeding the County mayor must conduct under applicable law with respect to Grantee's Cable System. The material may be duplicated at a County facility unless the County agrees to inspection and copying at some other place. Material that the County requires Grantee to produce under this Section shall be produced upon reasonable notice, no later than 30 days after the request for production. Requests for extensions of time to respond shall not be unreasonably denied. . Grantee may request that the County treat records containing trade secrets or proprietary information as confidential under the Florida Public Records law. To the extent authorized by the Public Records law and other applicable state and federal law, the County shall maintain the confidentiality ofinformation designated "proprietary" by the Grantee. Should the County receive a request to review Grantee's records or books under the Florida Public Records Law, it will promptly notify Grantee and provide an opportunity for Grantee to raise an objection, demonstrate why the requested infonnation is proprietary and, if necessary, seek a court order to protect its proprietary information. Section '27. Books and Records - Reports and Responses to Questions 27.1 Grantee shall provide the following reports to Grantor: 27.1.1 A quarterly Franchise Fee report listing revenues received. by category, in a form attached as Exhibit C; 27.1.2 Within ninety (90) days after the close of the Grantee's fiscal year, the Grantee shall submit a written annual report including a financial statement, including a statement of income, balance sheet, and a statement of sources and applications of funds which shall be certified by an official of Grantee. 27.1.3 Grantee shall file with the County any notice of deficiency, forfeiture, or other document issued by any state or federal agency which bas instituted any investigation or civil or criminal proceeding naming the cable system, the Grantee, or any operator of the cable system, to the extent the same may affect or bear on the operations of the Grantee's cable system. 27.1.4 The Grantee shall file with the County any request feir protection under Bankruptcy laws. or any judgment related to a declaration of bankruptcy by the June 23. 1997 20 . . . ,~ , Agenda Item No. 170 September 13, 2005 Page 36 of 47 Grantee, any affiliate which controls or manages the Grantee, or any operator of the cable system. Section 28. Books and Records - Maintenance 28.1 In addition to reports required by this Franchise, the Grantee shall maintain records of the following: 28.1.1 FCC proof ofperfonnance; and 28.1.2 Monthly records demonstrating compliance with applicable Customer Service Standards. . Section 29. Inspection of Plant The County may inspect the Grantee's Cable System during construction, and anytime thereafter upon reasonable to the Grantee. If, based on subscriber complaints or its own investigation, the County believes that the cable system may not be operating in compliance with the franchise. agreement or applicable Federal roles, it may require Grantee to perform tests, prepare a report and present to the County the results of those tests. The Grantee shall report each deficiency and take prompt action to remedy it. Section 30. Insurance 30.1 Within thirty (30) days after the effective date of the Franchise, Grantee shall provide proof of the required insurance. The Grantee shall maintain this insurance throughout the franchise term. Insurance shall include, in amounts not less than those provided by Chapter 30 9 36 of the Collier County Code. 30.2 The insurance coverage obtained by this franchise in compliance within this Section shall be approved by the County's risk management office, and copies of such insurance policies (or certificate ofinsurance) shall be filed with the County. Section 31. Emergency Alert The Grantee shall install and maintain an emergency alert system [EAS] pursuant to FCC's roles and the Florida Emergency Alert System Plan. The County or County's Public Safety Communication Center shall be provided with access to the system so that it can communicate emergency messages and alerts to residents consistent with the Florida Emergency Alert System Plan. If the Grantee's cable system is exempt from the federal provisions, then the emergency alert system shall conform to the requirements set by Chapter 30 ~ 41(d) ofthe Collier County Code. June 23. 1997 21 Agenda Item No. 17D September 13, 2005 Page 37 of 47 .. Section 31. Service to Public Buildings . Grantee shall, upon request, provide service to public buildings located within one hundred fifty feet (150') of Grantee's existing distribution system; provided, however, that if adequate underground conduit is provided by the requesting public agency, Grantee shal~ upon request,. provide service to public buildings within two hundred fifty feet (250) ofGrantcc's distribution system. All charges for installation and provision of Cable Services and Other Communications Services to such public buildings shall be at Grantee's CWTel1t rate. To the extent any services are provided without charge to any Public Building, neither the County nor any other person may resell such services. . Section 33. Four - Year ReView: Performance Monitoring 33.1 During the years which commence on the fourth anniversmy or any multiple thereafter, of the effective date of the Franchise, the County may commence a review of Grantee's perfonnance under the Franchise. As part of this review, the County may consider. a) whether the Grantee bas complied with its obligations under the Franchise and applicable law; .~ ( b) whether customer service standards, technical standards, or bond or security fund requirements are adequate or excessive; and, c) other issues as may be raised by the Grantee, the County, or the public. 33.2 The County shall conduct public hearings to provide the Grantee and the public the opportunity to comment on the Grantee's performance and other issues considered as part of the four-year review. 33.3 Any revisions to the Franchise Agreement which either the County or the Grantee wishes to make as a result of these reviews shall be proposed under the procedures established herein. 33.4 Periodic Evaluation, Review and Modification. 33.4.1 The County and Grantee acknowledge and agree that the field of cable television is a relatively new and rapidly changing one which may see many regulatory, teclmical, financial. marketing and legal changes during the tenn of this Franchise. Therefore, in order to provide for the maximum degree of flexibility in this franchise, and to help achieve a continued, advanced and mo<lernCable System, the following evaluation and review provisions will apply: . (- Junc:23. 1997 22 Agenda Item No. 170 September 13, 2005 Page 38 of 47 e a) The County may. upon thirty (30) days notice, request evaluation and review sessions at any time during the term of this Agreement and Grantee shall . cooperate in such review and evaluation; provided, however, there shall not be more than one (1) evaluation and review session during any calendar year. b) Topics which may be discussed at any evaluation and review session include. but are not limited to, rates. channel capacity. the System perfonnance, programming. PEG access. municipal uses of cable, Subscriber complaints. judicial rulings, FCC rulings and any other topics the COWlty or Grantee may deem relevant c) During an evaluation and review session, Grantee shall cooperate fully with the County and shall provide without cost such reasonable information and documents as the County may request to perform the evaluation and review. . d) If at any time during the evaluation and review the County reasonably believes there is evidence of inadequate technical performance of the Cable System, the County may require Grantee, at Grantee's expense, to perform appropriate tests and analyses directed toward such suspected technical inadequacies. In making such request, the County shall describe and identify as specifically as possible the nature of the problem and the type of test the County believes to be appropriate. Grantee shall cooperate fully with the County in performing such tests and shall report to the County tbe results of the tests, which shall include at least: (i) a description of the problem in the System performance which precipitated the special tests; (ii) the System component tested; (iii) the equipment used and procedures employed in testing; (iv) the method, if any, by which the System performance problem was resolved; and (v) any other information pertinent to said tests and analyses. e) As a result ofan evaluation and review session, the County or Grantee may detennine that a change to the System or in the terms of the Franchise may be appropriate. In that event, either the County or Grantee may propose modifications to the System or the Franchise. Grantee and the County shall, in good faith. review the terms of the proposed change or any proposed amendment to this Franchise and seek to reach agreement on such change or amendment. e 33.4.2 The County and Grantee shall act in good faith during such negotiations and shall be obligated to agree to the reasonable requests of the other party for changes in the System or amendment to the Franchise when the change or amendment is not inconsistent with the other terms of the Franchise. or with applicable law or regulations, and the change or amendment is technically feasible, economically reasonable and will not result in a material alteration of the rights and duties of the parties under the Franchise. June 23. 1997 23 ~ A\ .. c- . , Agenda Item No. 170 September 13. 2005 Page 39 of 47 Section 34. Conflict with Cable Regulatory Ordinance . The provisions of the Regulatory OrdinanCe, Chapter 30 of the Collier County Code, are hereby incotporated herein by reference as if set out in full, and form part of the terms and conditions of this Agreement. In the event'ofany conflict between the terms and conditions of this Franchise and the provisions of the Regulatory Ordinance; the tennsof this Franchise shall prevail. except where conflict arises from lawful exercise of the County's police power. Section 35. Severability If any section, subsection, sentence, clause, phrase, or other portion of this Ordinance is, for any reason, declared invalid, in whole or in part, by any court, agency, conunission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. Section 36. Reservation olRights Grantor and Grantee reserve all rights that they may possess under the law unless expressly waived herein. Section 37. Entire Agreement This Agreement, including all Appendices, embodies the entire understanding and agreement of the Franchising Authority and the Company with respect to the subjectmatter hereof and merges and supersedes all prior representatio~ agreements, and understandings, whether oral or written, between the County and the Grantee. Section 38. Force Majeure In the event Grantee's performance of any of the terms, conditions. obligations or requirements of this Franchise is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided Grantee provides notice to Grantor in writing within thirty (30) days of Grantee's discovery of the occurrence of such an event, which notice explains the circumstances. Such causes beyond Grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes, untimely delivery of equipment. inability June 23. 1997 24 . . . Agenda Item No. 170 September 13, 2005 Page 40 of 47 of Grantee to obtain access to property easements, rights of way and inability of Grantee to secure all necessary pennits to utilize utility poles and conduit so long as Grantee utilizes due diligence to obtain said permits in a timely ~hion. Section 39. Acceptance of Francbise Within thirty (30) calendar days following the grant of this Franchise, the Grantee shall file with the County its written acceptance of the Franchise, together with certificates of insurance and letter of credit instruments required herein. The Grantee shall state that it agrees to be bound by and to comply with all requirements pursuant to the provisions of this Franchise. Such acceptance and agreement shall be acknowledged by the Grantee before a notary public, and shall in form and content be approved by the County Attorney. SectiOD 40. Grant This Franchise is granted by the County to Marco Island Cable, Inc., pursuant and subject to the conditions and requirements provided by the Chapter 30 of the Collier County Code and applicable federal, state and local laws, rules and conditions. This Franchise bestows upon . Grantee the authority to construct, maintain and operate a Cable System, utilizing the Public Rights-Of-Way, to offer Cable Services and Other Communications Services within the County. SectiOD 41. Effective Date This Franchise Ordinance shall take effect immediately upon adoption. Passed and adopted on this the ~"d' day ofQ,.~ /, 1997. t:' IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed. ,..' ...... ,'''II :. . ..' ",' , . . ~'.,,' ." ....- ''I ... i, :A.:m:E~ ~;; .: t.. t \. ..... ..Dwight E. BrobiC .~~ ..... ./ ::. '1... " ~.". '~'...\..\: ) ::. . _/1' : - Y ~ . .By;>"'T ...?.;.....:............~~~<~ ~ '. . .' . Deputy Clerk." .: / .:....> /. ,:-. , .' < <./ . ''''':' \ \ ...."': -. .' "1. . ., ~'4 I .......... ." counlY seal BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA @.t. June 23. 1997 2S .. t Agenda Item No. 170 September 13, 2005 Page 41 of 47 ( 4 Exhibit A Grantee's Service Area. Cable Television Application /1 . Jun~ 23. 1997 27 . r Agenda Item No. 17D September 13, 2005 Page 42 of 47 -- Exhibit B Government. Education and Public Agencies Scheduled for Subscriber and Institutional Network [I-Net] Connections and Setvices The County has directed all cable television providers to provide sufficient I-Net capacity to support data conununication links between and among various local government facilities it passes is included as well. The communication links provided by an I-Net are sought to replace existing facilities [e.g., dedicated lines leased from the telephone company, microwave links] and to establish new data communication pathways to government offices as yet unserved by the County's WAN. It is expected that the I-Net shall be used to implement new services the County. bas previously contemplated but unable to fulfill. These include, internal telephone service within the organization, long distance by-pass service, providing an inexpensive way to reach the County's long distance carriers, high-speed data tnnsmission and networking between remote sites [e.g. parks, recreation, sanitation, water treatment fire stations & training center], video conferences between remote public safety and citizen information sites. traffic information, video arraignment, and traffic surveillance video from key intersections. e .'; ... . 'f:,::'~; -; ,. ".' . ..' ,;..;: ~,;. :. ;:"'" ." ,; .. ~.-. ;"~:';';'" "", '-: ...;';:, : ...~.;~.,;. .. ... . . . .CouDtyOmCe~~ciIitics '>/':'," ,.. Stree{Addrcss CATV} :I;'Ncf. ;,,:.,;.. . ~.......,.....,. : ::':,:."{;../. .......,...,. Conwunity Development Division 2800 N. Horseshoe Drive Yes Yes Central Library 650 Central A venue Yes Yes Park &. Recreation 3300 Santa Barbara Blvd. Yes Yes Golden Gate Estates Library 1266 Golden Gate Blvd. Yes Yes Marco Island Libnty 210 S. Healthwood Yes Yes East Naples Library 8787 Tamiami Trail East Yes Yes Domestic Animal Services 7077 North Airport Blvd. Yes Yes County Barn Facilities 2901 County Bam Road Yes Yes Paries and Recreation 4701 Golden Gate Parkway Yes Yes Parks and Recreation 623 I Arbor Blvd. Yes Yes Parks and Recreation 11500 Danrord Street Yes Yes Parks and Recreation 1213 Little League Road Yes Yes Parks and Rccreation 1353 I Van Drive Yes -Yes Parks and Recreation 150 Vanderbuilt Road Yes Yes e June 23. 1997 28 4 -..., ~ Agenda Item No. 17D September 13, 2005 Page 43 of 47 Parks and Reaeation 1900 Immokalee Road Yes Yes Paries and Recreation 3SOO Thompson Drive Yes Yes AilpOrt. Authority 2003 Main Sail Drive Yes Yes Utilities Department 371 2nd StreetSE Yes Yes Utilities Department 5600 Warren Street Yes Yes Utilities Department 561 Wilson St. North Yes Yes Public WorksIWW Collections 6027 Shirley Road Yes Yes Airport Authority 650 Airport Road Yes Yes Utilities Depar1mCnt 8OOTerylRoad Yes Yes Utilities Department 800S Vanderbuilt Dr. Yes Yes Utilities Department 841 7th Street SW Yes Yes . Utilities Department 891 1st Street SW Yes Yes . Yes Ulilities Department 891 3nl Street SW Yes Utilities Department 891 5th Street SW Yes Yes Media One and Time Warner Cable cUlTently provides subscn"ber cable television services to a number of these locations. The County has the necessity to a) preserve the existing connections, b} migrate existing data telephone or microwave connections to the I-Network, and c) add new sites to the I-Network as time, funds, project priorities and service requirements dictate. . The County's Infonnation Services staff shall work closely with Marco Island Cable's engineers to prepare a transition and deployment plan to provide an orderly transition and deployment ofI- Net services to the aforementioned sites within the Grantee's service area. The site locations identified herein reflect "county wide" connections and as such do not constitute an inclusive list. New sites may be added while others are decommissioned. I-Net communication facilities may be up or downgraded to parallel changing requirements. The aforementioned list, at best. represents a long term [ten-year] service deployment scheme. Some locations serve more than one County department, consequently, it may be possible to use a single I-Net cOMcction to serve the office complex. June 23. 1997 29 . . . ,. r j ,. Exhibit C Monthly Franchise Fee Reporting Schedule (Typical Fonnat-Subject to Modification) Cable Operator Address Contact Person Title Accounting Department Phone Subscriber Detail 1.1 Basic I Average Subscription Units 1.2 Basic Service Rate 1.3 CPST Average Sub. Units 1.4 CPST IT Rate 1.5 Premium Senrice Average Units 1. 6 Premium Service Rate 1.7 Disney Service Average Units 1.8 Disney Service Rate 1.9 Installation Average Completions 1.10 Installation Average Rate 1.11 Complimentary Accounts 1.12 Penetration Statistics 2.1 Total Homes Passed 2.2 Basic I Penetration Units 2.3 CPST Penetration Units 2.4 Premiwn Service Penetration %-age 2.5 Disney Service Penetration %-age 2.6 Chum: Average%-age June 23. 1997 30 Agenda Item No. 17D September 13, 2005 Page 44 of 47 Date_/_I_ Agenda Item No. 170 . ,. . September 13, 2005 Page 45 of 47 ~ Gross Revenue Detail Itemization Code 3.0 Cable Television 3.1 Basic I 3.2 CPST 3.3 Premium 3.4 Showtime 3.5 HBO 3.6 Disney 3.7 The Movie Channell 3.8 Pay Per View 3.9 FM Radio 3.10 Converter Itental 3.11 Remote Control 3.12 Cable Guide 3.13 Launch Fees 3.14 Program Carnage Fees 3.15 Revenue /~ 4.0 AlO Services 4.1 Basic I 4.2 CPST II 4.3 Premium 4.4 Showtime 4.5 HBO 4.6 Disney 4.7 The Movie Channell 4.8 Pay Per View 4.9 PM Radio 4.10 Converter Rental 4.11 Remote Control 4.12 Cable Guide 4.13 Launch Fees 4.14 Program Carnage Fees 4.15 . ( 5.0 Service Charge 5.1 Installation 5.2 AIB Switch Sales 5.3 UplDown Grades 5.4 Late Payment Fees June 23. 1997 31 . - at ., ' 5.S Check Return Fees 5.6 6.0 Commercial 6.1 Bulk (MDU) 6.2 Contract 6.3 6.4 7.0 Advertising 7.1 Commercial Insertion 7.2 Barter Agreements 7.3 Homel Auto Sellers 7.4 8.0 Shopping Channels 8.1 HSN 8.2 QVC 8.3 GSN 8.4 9.0 Video Production 9.1 9.2 10.0 LeasedlRentals 10.1 L-A Channel 10.2 Facilities 10.3 lOA 10.5 Agenda Item No. 17D September 13, 2005 Page 46 of 47 11.0 Miscellaneous 11.2 Reimbursement for Cable Damage 11.3 Equipment Sales 11.4 Launch Incentives 11.5 11.6 June 23. 1997 SUBTOTAL FRANCHISE FEE @5% TOTAL 32 Agenda Item No. 17D September 13, 2005 Page 47 of 47 4 ATTEST: MARCO ISLAND CABLE, INC. J~.~ Susan G. Gaston . Corporate Secretary By lirE ck- William R. Gaston, President CCtl'p-scal State of Florida ) County ofFI9fi4a} (~L.l..l <<orA The foregoing Franchise Agreement was acknowledged before me this~~~y of June, 1997, c::: / /' . g 6rl$7lJri '~ byJ" :>HIJ (.' V/151'%''/.oIo AI. '-(.., i1111, who produced a Florida Driver's License '# as identification. /) / . ...., j./' . L/l..t.~~ G, ,Qc ~..,c....-.../ NOTARY PUBLIC Approved as to form and legal sufficiency: 4$~.. CHRIST1HA v. SlNCLAIA r.r j-i MY CQfAIIllSQj Ice +ms8 EXI'lIIES:,Uym, 1111111 1lal1dICI1IIIU .....l'lAlk.......... BY~~ (, f A-- Thomas C. Palmer Assistant County Attorney June 23, 1997 . 26 Agenda Item No. 17E September 13, 2005 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to adopt resolutions approving the preliminary assessment rolls as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Districts No. 1 and No.2, Municipal Service Benefit Units Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. Revenues are anticipated to be $14,051,400. OBJECTIVE: To have the Board of County Commissioners adopt resolutions approving the preliminary assessment rolls as the fmal assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No.1 and District No.2 Municipal Service Benefit Units Special Assessment levied against certain residential properties within the unincorporated area of Collier County and The City of Marco Island pursuant to Collier County Ordinance 90-30, as amended. .- CONSIDERATION: On July 30, 2003, the Board of County Commissioners adopted multi-year Resolutions for Solid Waste District No. 1 and District No.2 Municipal Service Benefit Unit Special Assessments to set the date, time and place for a public hearing to approve a special assessment (non-ad valorem assessment) to be levied against properties within the above Districts. The resolutions were set for a 3-year period beginning with fiscal year 2004 and ending with fiscal year 2006 and provided for a not- to-exceed price of $175.00 per year through fiscal year 2006. Staff is recommending that the Board adopt the attached Resolutions, which approves the preliminary assessment rolls (on file with Minutes and Records, Clerk to the Board) assessing certain properties within the identified areas in the unincorporated area of Collier County. The final rolls will be certified by the County Attorney as directed by prior Board action on December 19, 1995 (Agenda Item # 12C4) before it is merged with the tax bills. Upon adoption of the Resolutions, all assessments shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such assessments on the same bilI as ad valorem taxes. - FISCAL IMPACT: $153.70 per equivalent residential unit for District 1 and $144.26 per equivalent residential unit for District II. The rates were reviewed by the Board of County Commissioners during the budget hearing in June. Funds will be deposited in Mandatory Trash Collection Fund (Fund 473) for collection fees in the amounts of $13,386,700 for District 1 and $664,700 for District 2. Total anticipated revenues for FY- 06 are $14,051,400. Agenda Item No. 17E September 13, 2005 Page 2 of 11 GROWTH MANAGEMENT IMPACT: There is no growth management impact for this item. RECOMMENDATION: The Board of County Commissioners adopt the attached. Resolutions approving the preliminary assessment rolls as the final rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 and Solid Waste District No.2 Municipal Service Benefit Units Special Assessment levied against certain residential properties within the unincoIporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. PREPARED BY: Teresa Riesen, Revenue Manager, Utility Billing and Customer Service Department Item Number: Item Summary; M..tlng Om: A~:~~a~~~ 1~~2b~~ Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS HE Recommendalion to adopt l'eNulutions approvil1t11t1e preliminary .ssessment as the final I!Issessmen1 rolls and adopling same as the non"ad valorem assessment 1'0119 for purpOSI!I'll of utilizjng the uniform method of collection pursuant to Section 197.363:2, FIOfld.o Statutes, for Solid WMste Districts No, 1 and No.2. Municipal Service 6enefh Units Special Auemsmen1 levied 8D8jns1 certl!lin residential properties 'Nithln the unincorporated areB of Collier CGunty pursuant to Collier County Ordinance 90.30, l!lS amended. Revl'tnuMI are anticipated to be $14,051,400, 9/13120059:00:00 AM Date Appro'\'ed B)' T er"a Rie..n Public Utllltle.a Revenue Man;tger UBes 8110120059:56 AM Ollie Approved By Oenler R. Rodrlijuet, M,B,A. Interim SoUd WaN Direetor 8{1012005 11:02 AM Publle Utilities Solid Wam 0... John A. Vonkosky Approved 8)' Public utlUtiH Utility BlIIing Director uses 8/1012005 11 ~06 AM Appro\.'ed By Robert N, Zachnry County Attorney A..latllnt County Attorney Oat. County Attorney Office 8/101200511:08 AM 0... Approved By Thomas Widms Public Utllltl. Operation. Director Public tJtllltiet ~rllllonB 811112005 2:30 PM Ollie Approved 0) Jllmu W. Delony Public; UtilltlCSl Publl.. Utl/It,e, AdmHmrtrMor Public Uttlltie. Admlniatr.Uon 8{1212OO5 12.:47 PM 0... Apprond 8)' OMS Coordin~Of County M~nag$r" Office Administrative Assiatant Office of MQn.llgelTKllnt & BUdget 8/1512005 1:37 AM Datil Approved B)' Mlchnel Smykow.k.l Couniy Mllnll9l'l'r'. Office l'Ihlnlllgmmsnt & Budget Oinootor Office of Management & BUdget 8118120059:00 AM Oat. Approved By leo E. Och5, Jr Board ot County Coml'llinfone,& Doputy County Manager County M.onager'n Office 8/1612005 3: 17 PM Agenda Item No. 17E September 13. 2005 Page 4 of 11 RESOLUTION NO. 2005 . A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 1 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 13, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Agenda Item No. 17E September 13. 2005 Page 5 of 11 SECTION ONE. The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No. 1 Municipal Service Benefit Unit Preliminary Assessment Roll. as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 1 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 1 Municipal Service Benefit Unit for FY 2006 is $153.70 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records. The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll), which is on file with Clerk to the Board Minutes and Records. SECTION TWO. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and are located within the Solid Waste District No.1 Municipal Service Benefit Unit which is more particularly described as follows: 2 Agenda Item No. 17E September 13, 2005 Page 6 of 11 LEGAL FOR DISTRICT ONE. Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East also known as the Lee-Collier county line and the eastern shoreline of the Gulf of Mexico; thence easterly along said Lee-Collier county line to the northeast comer of Section 12, Township 48 South, Range 26 East; thence north along the east line of Range 26 East, Township 48 South to the northwest comer of Section 6, Township 48 South, Range 27 East, thence east along the north line of Sections 6, 5,4, 3, 2 and 1 of Township 47 South, Range 27 East to the northwest comer of Section I, Township 48 South, Range 27 East; thence north along the range line of Ranges 27 and 28 East to the northwest comer of Section 30, Township 47 South, Range 28 East, also known as the center line of Immokalee Road (CR 846); thence east along the north section lines of Sections 30, 29, 28, 27, 26 and 25 of Township 47 South, Range 28 East to the northeast comer of Section 25, Township 47 South, Range 28 East; thence south along the range line for Ranges 28 and 29 East to the northeast comer of Township 49 South and Range 28 East; thence east along the township line for Townships 48 and 49 South to the northeast comer of Township 49 South and Range 30 East; thence south along the range line for Ranges 30 and 31 East to the northeast comer of Township 52 South and Range 30 East; thence east along the township line for Townships 51 and 52 South to the northeast comer of Township 52 South and Range 31 East; thence south along the range line for Ranges 31 and 32 East to the northeast comer of Township 53 South and Range 31 East; thence east along the township line of Townships 52 and 53 South to the northeast comer of Township 53 South and Range 34 East, also being known as the Collier-Miami-Dade county line; thence south along said county line to the southeast comer of Section 36, Township 53 South, Range 34 East, also being known as the Collier-Monroe county line; thence west along said county line to the eastern shoreline of the Gulf of Mexico; thence westerly and northerly along the waters of the Gulf of Mexico to the Lee- Collier county line being the north line of Section 6, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples and Everglades City. Also, less and except those barrier islands as described in Ordinance No. 90-30, as amended. SECTION THREE. Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste District NO.1 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessments on the same bill as ad valorem taxes shall be billed. SECTION FOUR. The assessments shall be final and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the 3 Agenda Item No. 17E September 13. 2005 Page 7 of 11 same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the referenced roll, in the Official Records of Collier County. A recorded copy of this Resolution and the referenced roll shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this _ day of second and majority vote. , 2005, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Fred W. Coyle, Chairman Approved as to form And legal sufficiency: David C. Weigel County Attorney 4 Agenda Item No. 17E September 13. 2005 Page 8 of 11 RESOLUTION NO. 2005 - A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO.2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 9D-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 2 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 9D-30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a publiC hearing be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 13, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Agenda Item No. 17E September 13, 2005 Page 9 of 11 SECTION ONE. The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No. 2 Municipal Service Benefit Unit Preliminary Assessment roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 2 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District NO.2 Municipal Service Benefit Unit for FY 2005 is $144.26 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records. The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roil), which is on file with Clerk to the Board Minutes and Records. SECTION TWO. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board. Minutes and Records and are located within the Solid Waste District NO.2 Municipal Service Benefit Unit which is more particularly described as follows: 2 Agenda Item No. 17E September 13, 2005 Page 10 of 11 LEGAL FOR DISTRICT TWO Beginning at the northwest corner of Township 47 South, Range 27 East, Collier County, Florida; thence east along the Collier-Lee county line also the township line to the northeast corner of Township 47 South, Range 27 East; thence north along the Collier-Lee county line also the range line to the northwest comer of Township 46 South, Range 28 East; thence east along the Collier-Hendry county line also the township line for Townships 45 and 46 South to the northeast comer of Township 46 South, Range 30 East; thence south along the Collier-Hendry county line also the range line of Ranges 30 and 31 East to the southeast corner of Township 48 South, Range 30 East; thence west along the township line for Townships 48 and 49 South to the southwest comer of Township 48 South, Range 29 East; thence north along range line for Ranges 28 and 29 East to the southwest comer of Section 19, Township 47 South, Range 29 East; also being known as the center line of Immokalee Road (CR 846); thence west along the south line of Sections 24, 23,22,21,20 and 19 of Township 47 South, Range 28 East to the southeast comer of Section 24. Township 47 South, Range 27 East; thence south along the range line for Ranges 27 and 28 East to the southeast comer of Township 47 South, Range 27 East; thence west along the township line for Townships 47 and 48 South to the southwest comer of Township 47 South and Range 27 East; thence north along the range lines for Ranges 26 and 27 East to the northwest corner of Township 47 South, Range 27 East, being the Point of Beginning. SECTION THREE. Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste District NO.2 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessments on the same bill as ad valorem taxes shall be billed. SECTION FOUR. The assessments shall be final and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. 3 Agenda Item No. 17E September 13, 2005 Page 11 of 11 SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the referenced rolls, in the Official Records of Collier County. A recorded copy of this Resolution and the referenced rolls shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this _ day of ,2005, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: Fred W. Coyle, Chairman Approved as to form And legal sufficiency: David C. Weigel County Attorney 4